Plumber’s, Lather’s, Workers Independent News and The Employee Free Choice Act

<–Wage Watch, NY Dept. of Labor reaches out to grass-roots campaign to fight wage violations

Global unions behind US passage of The Employee Free Choice Act–>

“the Employee Free Choice Act, because all American’s who work hard to make this nation great ought to be payed fairly for their labor and allowed to choose who represents them”

WIN Radio, check em’ out

Workers Independent News is the independent labor radio show founded by Frank Emspak in 2000, with the aim of broadening the availability of high-quality, worker-oriented news on commercial and community radio. Frank, along with many other dedicated journalist’s, advocates and producers has done a fantastic job of getting workers new out to the public. I have chatted with Frank a few times, and know the dedication he has to getting the word out about labor. Frank along with Doug Cunningham, the voice of WIN, have always been very supportive of Joe’s Union Review. As a matter of fact it is one of the first sites dedicated to labor which I came across. Here’s WIN’s headlines from the past week which was airing from Jan.23-25 (download MP3):

Just recently Frank let me know that there is a free phone number to get WIN on your cell phone, I have a bit of a hard head so I had to ask a few times how exactly is it free? It seems that there are a few area codes that are saved for “absolutely free’ phone communications. You can get Workers Independent News directly on your cell phone 100% FREE, just call 425-527-7001

New York Construction unions support WIN, launch site and urge President Obama to support The Employee Free Choice Act

Two of New York’s construction unions, the Metallic Lathers and Reinforcing Iron Workers Local 46 and the United Association Plumbers Local 1, have teamed up to sponsor Workers Independent News so the independent show can get some airtime on the local news station 1010WINS AM here in New York. In one of their most recent promo ad’s leading up to the Workers Independent News clip’s, which aired during the week of President Barack Obama’s inauguration, both the Plumbers and Lather’s while congratulating newly elected President Obama, urge both him, Congress and the American people “to support the Employee Free Choice Act” stating “because all American’s who work hard to make this nation great ought to be payed fairly for their labor and allowed to choose who represents them”
The 30 second clip ends with “Free choice, after all, isn’t that what this country is all about?”

Here’s the clip, hosted on The Internet Archive

It’s great to hear our construction unions stand up for all worker’s, and it’s great that we are getting the benefit of hearing a little clip of the Worker’s Independent New’s program on the highest rated radio news program here in New York. Unfortunately the slot is limited to 30 seconds due to costs of the airtime.

The alliance between WIN, New York’s construction unions and their contractor’s has spawned a brand new website, called A Union Built New York, whose mission is:

a new web resource for learning about union labor’s role in building a better New York.

Each day you’ll find updated Headline News Briefs on Labor Union stories that impact our city and our country. You can listen via streaming audio, or download to an iPod of other mp3 player for listening later. You can also email stories to your friends.

In addition to the latest Labor News, we’re developing in interactive map of major union construction sites around the Greater New York Area, as well as a series of feature stories on Union Labor’s contribution to our region’s economic well-being.

You’ll also find links to definitive listings of union-affiliated contractors, and facts and figures on how union construction can save you time, money, and aggravation.

While the site is under construction, it’s shaping up nicely, with many of the WIN headline news being hosted there already, I have gotten word that a list of contractor’s for the Lather’s and Plumbers is being worked on and we will see the interactive map in the near future. The site is being built by our friends at Prometheus Labor Communications.

Here’s the latest New York Headlines from WIN which are hosted at A Union Built New York, of course the internet is a never ending Rubik’s cube to me and I have to mess around with yet another widget, so enjoy.
Click the arrow next to the headphone, for those not seeing the widget, check out the page at Spring Widget’s for more info.

Workers Independent News can use more help

Of course what Worker’s Independent News really needs is more sponsors, without money they do not exist. It’s great that the New York construction unions are contributing, in fact the Concrete Alliance, the NYC District Council of Carpenter’s(UBC) and the International Brotherhood of Electrical Workers(IBEW) Local 3 have all been sponsors in the past year, but the sponsorship only spreads so far due to the production and airtime expense.

One of the easiest ways to sponsor WIN is for your local union to purchase WIN’s headlines for their own site, the rates are reasonable, starting at $150 a year for organizations with fewer than 500 members to the highest donation of $1500 for organizations with 5001+ members, please take a look at WIN’s subscription page for more details. Help spread the word of the American worker. Help spread the solidarity.

Music for the tradesman: Tig Wired

Tig Wired, who according to their website is:

TIG WIRED is music geared towards the people who work in the industrial service areas, welders, fitters, riggers, brickies, tin bashers, boiler hogs, pipefighters, inspection guys, scaffold gods and the like…you get the picture..you’ll get the meaning too!!.
If you like good solid music with a taste for blues, rock, reggae and some new age stuff, then you are gonna love this site….

Gotta Be Safe

Shutdown Blues

Welders weld, and the fitters fit
Riggers rig, that’s the gist of it
Foremen push their motley crews
Boys all wear the coveralls of blue
They rhythms set everybody knows the tune
Here comes the shutdown blues

Come-a-longs and chain falls too
Sparks they fly from the gouging crew,
Flag men calls to swing out the boom

Boys all wear the coveralls of blue,
The rhythms set everybody knows the tune
For the shutdown blues

I got a buddy who can sing the blues
He drives a Hog sports mean tattoos
If we were careful we could spring him loose
And let him take us where there ain’t no dues

Toxic gas and asbestos dust
The long hard hours is killin’ us
Super-heats and the re-heats too
The boys still wear the coveralls of blue
The rhythms set everybody knows the tune
For the shutdown blues

The steam chief grins ‘cause his job’s on time
Gonna see that unit go back online
Turn a profit in a day or two
And all the boys know just what to do
The rhythms set everybody knows the tune
For the shutdown blues

I paid a visit to the house of ruin
Been here before and it ain’t nothin’ new
I caught the sunrise from the room of blues
And headed back to meet my X ray crew
I could get wired I could get black and blue
I could go crazy by the time were through
But I caught the sunrise like I always do
And headed back to do this job for you.

The x ray crew is shootin’ welds all green
Erectors happy with his mean machine
The moneys good the hole watch through
Do you catch the feeling, you get the meaning to?
The rhythms set, everybody knows the tune
For the shut down here comes the shut down
Ohh the shutdown blues

You can catch the band at their website or at:

Buy the Tig Wired CD here

Construction of NY’s greenest building on National Gegraphic’s Man Made

1 Bryant Park, The Bank Of America tower

The most amazing job I have had the honor of working on is on the tube right now, I see a lot of friends. This is an amazing green structure, I’m glad I got the call right after it began(thanks Greg). My girl is gonna Tivo it for me too. I hope it’s not the last great job I’m on.

The show’s called Man Made and it’s on the National Geographic Channel

It’s airing Friday at 12:00AM (that’s Fri. morning if you’re like me and need to think about it)
Saturday Nov. 8th at 4:00PM
and next Thursday Nov.13th. at 5:00PM

From the NGC Man Made site

• Overview
• Photos

In the city that never sleeps, one architects dream for a greener future has been realized. The One Bryant Park building in New York City is not only going to be the second tallest building in the city, but is set to be one of the most energy efficient skyscrapers in the world. Richard Cook and his team have taken on an exhilarating challenge to transform the modern approach to green technology. Both groups envisioned breaking new ground in the arena of environmentally conscious skyscrapers, a significant step forward in a city known for massive energy consumption. Join National Geographic as we examine the trials and triumphs of erecting a skyscraper whose blueprints just might map out a new design for our planets future.

So set your Tivo’s and DVR’s people and get a small look into the craftsmanship of some of the worlds finest construction workers.

Father Brian Jordan will run the NYC Marathon on behalf of killed and injured construction workers

Father Brian will run for both deceased union and nonunion workers during the marathon. “God loves us equally during life and death” says Father Brian “However, your chances for survival are far greater if you join the construction workers’ unions and receive the proper safety training.”

NYC IMMEDIATE RELEASE: OCTOBER 20, 2008
ROMAN CATHOLIC PRIEST TO RUN NYC MARATHON FOR CONSTRUCTION WORKERS WHO WERE KILLED OR SEVERELY INJURED ON THE WORKSITE

On Sunday, November 2, 2008, Father Brian Jordan will run in the annual New York City Marathon on behalf New York City construction workers who have either been killed or severely injured this past year.

Father Brian is the chaplain for the Building Trades and Construction Council of New York City. He began ministering among construction workers when he was a chaplain at Ground Zero from September, 2001 till June, 2002. He has attended many wakes, funeral Masses and memorial services for many of the deceased during the past year. Among them were the six construction workers killed on March 15 when a crane collapsed on Second Avenue and 52nd Street. Also two were killed on May 30 when another crane collapsed on First Avenue and 91st. Street. According to the Dept. of Buildings, 19 construction workers were killed so far this year. Construction workers have a higher rate of being killed on the job than police officers and firefighters. Particularly, among nonunion workers who do not have the sufficient training and safety equipment that is expected from their employers. Recent statistics point out that 1 out of every 5 Latino construction workers nationwide are either killed or injured on the worksite each year. The majority of these Latino workers are immigrants and work for nonunion contractors.

Coincidentally, November 2 is the Feast of All Souls on the Christian calendar. This solemn feast recalls the deceased by loved ones, family members and friends. Their continued prayers will help raise their souls into Heaven. In Latino culture(especially among Mexicans) they call November 2 the Day of the Dead

(El Dia de Los Muertos.) Father Brian will run for both deceased union and nonunion workers during the marathon. “God loves us equally during life and death” says Father Brian “However, your chances for survival are far greater if you join the construction workers’ unions and receive the proper safety training.”

Father Brian requests that the public give generously to a new fund that will dispense money gifts to family members of future victims of worksite accidents. This fund will be known as the Construction Workers’ Relief Fund. It will be effective after the Nov. 2 Marathon. A special committee will be appointed to carefully distribute these funds on an as needed basis. Please make your checks out to:

CONSTRUCTION WORKERS’ RELIEF FUND c/o

Building Trades and Construction Council

71 W. 23rd Street Suite 501

New York, New York 10010

Father Brian Jordan is well known for being there for our construction workers, in the above picture Father Brian blesses the I-Beam cross which was discovered under the debri at the World Trade Canter site, Father Brian is also an immigration counselor at St.Francis in NYC, and known as a spiritual adviser to the labor movement

Here’s a video interview with Father Brian Jordan from April,2007 on immigration

Disposable worker dies and 13 year old injured working on Value Palace hotel in IN.

<–Next:Father Brian Jordan will run the NYC Marathon on behalf of killed…

Last: Yellow Rat Bastard workers fight back and join a union–>

“It’s also possible no one will be held accountable.”

Who? A couple of misclassified workers for a company named Carpetbaggers, working under the General Contractor Millstone. Jose Delgado, Sr., 31, of the 2000 block of Breaburn East Drive, Indianapolis, and his son, Jose Delgado, Jr., 13, who lives at the same address
What? One dies and his son, a 13 year old severely injured while working with him while improperly using a fork lift as an elevator
Where? A new hotel in Indiana, the Value Palace, which unfortunately has no standard on who they work with, some value, people die cutting corners. The Value Place hotel is located at the southwest corner of I-65 and County Line Road in Johnson County.
When? Last week, Oct 16th.
Why? Because they can get away with it.

From wthr.com 13 in Indiana:

Greenwood – A forklift accident two weeks ago claimed the life of a Greenwood construction worker. His teenage son was also on the site, and was also injured. Now OSHA officials may be looking into more violations.

As the new Value Place hotel takes shape in Greenwood, so too are state officials making progress on their investigation into an accident on the site two weeks ago.

Three tile workers were coming off the fourth floor into an aerial basket when, according to police reports, two of the workers, 31-year-old Jose Delgado, Sr. and his son, slid off the forks and the forklift fell to the ground. Delgado later died from his injuries. His son, at first reported to be only 15 years old, was also hurt.

“A construction site like this is not a place for a child like that to be working,” said OSHA deputy commissioner Jeff Carter.

Carter says this week investigators learned the boy wasn’t 15 after all. “We believe he’s younger than that now. We believe he could be as young as 13,” he said.

By law, that’s too young to be on the job site. Investigators are also looking at the forklift used by the workers.

One thing OSHA investigators will have to determine is whether the workers were using the forklift incorrectly, or if that machinery is used in a similar fashion on this or other job sites.

The basket on the forklift is what OSHA investigators consider “homemade.” Officials want to know if the workers were trained to use it.

“That basket we have questions about. It does not meet the standards,” said Carter.

The contractor supervisor on site told police the day of the accident, “Any subcontractor may use the on-site forklift, but must sign a contract stating they must get the necessary training.” He went on to say, “Millstone [the general contractor] does not allow people in the basket.”

But two weeks after the fatal accident, Eyewitness News saw two workers in what appears the be the same forklift.

“The company will probably be cited,” Carter said.

Citations are likely. But who the state holds accountable for one worker’s death is still unclear.

The driver of the forklift, Antonio Torres, told police he didn’t have a key to drive it and that he used a pocket knife to start the engine.

OSHA officials say citations may be directed at Torres, who is an independent contractor, Carpetbaggers, the company who hired him, and Millstone, the general contractor on the construction site. It’s also possible no one will be held accountable.

The investigation is expected to take another two weeks.

So how does this happen?

let’s ask Chris the Carpenter from Indiana, in a story entitled “Joe the Plumber-meet Chris the Carpenter!!“:

Now the quarter of a million mark wouldn’t really be that hard to meet. I can’t speak with any first hand knowledge, but being on the inside looking out, I can say with much certainty that there are people in our line of work that do much better than we do. And I think $250,000.00 is quite obtainable. See, as a union contractor we are obligated to pay the union benefits and wages that our contract states but if we were a non-union contractor we could get by a lot cheaper. Now I know there are some stand up non-union contractors that pay a good wage to their employees, offer health care and a 401k etc. But those guys know, as well as I do, that there are those out there that take advantage of people and don’t do things on the up and up. I know because I see them on a regular basis on jobs throughout central Indiana.

I’m talking about the elephant in the room in the construction industry. It works like this. A guy secures a contract to do a job, say, roofing, masonry, landscaping, drywall, whatever. He then purchases the material and he finds a labor broker. This is usually a legal immigrant that can speak English and knows a lot of other immigrants that need jobs, are usually illegal and have little or no English skills. They will work very hard and they are very reliable. AND, they work very cheap. Now the contractor knows what the labor rate runs and he can charge just a little less than we do or what the legit non-union guy does. He then sub-contracts to the labor broker who then sub-contracts to the illegal immigrants. This is all done on a piece meal basis. In other words, a set amount is paid for the installation of the product, i.e.; 15 cent/square foot of drywall or 45 cents per concrete block. This way, the price is set and the contractor and the labor broker can’t lose. It’s up to the actual worker to bust his butt to make any money because he only gets paid for the set amount of material in the job. And it’s pennies on the dollar compared to the wages my guys get or the good non-union contractor employees get. The contractor then gives the illegals a 1099 form instead of paying the taxes, workman’s comp., insurance, not to mention providing a safe environment and the workers don’t worry about it because they won’t file taxes anyway. They work very, very cheap because the broker knows they won’t say anything if they want to keep their job because there is a whole line of people ready to take their place.

Just recently, a small hotel was being built just West of Indianapolis and the floor covering was contracted this way or something similar. On a Saturday, workers were stocking material using a forklift that was supplied by the General Contractor. The workers tied a box to the forks and was using it as a man lift to get material to the second floor. (Totally against OSHA regulations) The box broke loose and two workers in the box fell to the ground. It was a father and son. Illegal immigrants from Mexico. The boy was 14 years old. Both died. This is not an isolated incident. If these workers were fortunate enough to live and only receive serious injuries, this story would never be told because they would be whisked away and 2 more put in their place. There has been no follow up story to the contractors on this project, and I’m sure that somebody got in trouble. But those lives are lost forever. And the work will be done in this manner over and over again because nothing is being done about it.

I hope you all understand that I’m not putting the blame on the illegal immigrants. I understand their plight. If I had to feed my family and I could make money to do that in Mexico, I would be there in a heartbeat. The blame is to be placed on the employers that take advantage of these people so they can line their own pockets. I’m not trying to solve the immigration problem right now. I’m trying to show Joe the Plumber that it’s not as glamorous as it looks. So go ahead Joe, buy that company. Run a legitimate business. Put in the hours to make it work. Build yourself up to make that $250-300,00.00. Believe me, if I get to $300k, I’ll pay the 4-5% extra taxes and never blink. But how much are you going to be paying the people that got you to that level? You gotta pay them a decent living wage too. You’ll never do any of it without good employees. So you gotta spread the wealth with your employees first or you’ll never make it as an employer.

So, go for it Joe!! See ya on the jobsite, huh?

Chris the carpenter Central Indiana

Picture and some info from:
The Indy Channel, AllVoices.com

I’m As Mad As Hell #1 – "The Part That Big Media Left Out !!!"

Almost a year since I penned this.

We have come a long way from when I wrote this on Union Review last year, but the fight has intensified, I hope that people are learning from all of our sites that we as workers must get together and fight for a better tomorrow, so here’s my article which has been parked here on the front page since this site began in Janurary 2008, which was originally posted on Union Review. The information is eben more important today then it was last year.

Reposted from 10/27/07

Why is it that when someone who becomes a hero, the fact that he is a proud union member is not mentioned in the mainstream media? Could it be that the media on a whole is quite a bit anti-union?

I’m not just talking about the likes of Rupert Murdoch, I am talking about the main 6 companies that own almost everything you see and read, the six that have to bargain directly with unions and would like nothing more than for people to believe that the working mans plight is hopeless and we must bargain from the scraps left for us. And yes my friends, they want total control of the internet . Well I’ve gone a bit off point, the point is that when Wesley Autrey, a member and shop steward of LIUNA Local 79, became New Yorks subway hero on Jan. 3rd. 2007, by putting his life at risk to save another, there was absolutely no mention that he was a union member in any of the big media outlets. I only came to learn that through my diligence in serching out news on the internet. And that my friends is a total shame .

NYPost “Autrey, 50, a construction worker who achieved nationwide fame for his death-defying rescue of a Boston man who had fallen off the subway platform” NYTimes “Mr. Autrey, a 50-year-old construction worker, said he knew something was different when he showed up for work later on Tuesday. His boss, he said, bought him lunch — a ham-and-cheese hero — and later told him to take yesterday off.” USAToday “I just tried to do the right thing,” said the 50-year-old Harlem construction worker.” NBC “Wesley Autrey, a Navy veteran and construction worker, was standing nearby on the platform with his children when he saw Hollowpeter fall. Autrey jumped down to the track area and lay on top of Hollowpeter as a train passed about “2 inches” from his head.”

What comes to mind that is if this was me, the first thing i would say if asked what my job was would be my union . Now this isn’t the only instance whereby I have come to this conclusion , when speaking with an official with OPEIU on the crisis in downtown NYC regarding HIP’s removing 186 union jobs from downtown , good paying jobs they were obligated to keep there when they used “Empire State Development Corp.’s WTC Job Creation and Retention Program”, none of the big papers here in New York would carry the story , the Times (which has this so-called worker friendly stance said it was too small an issue) refused as did all the others , the only paper that would run the story was New York Newsday. I consider it very newsworthy, and refuse to buy any other paper. Not to mention the fact that Newsday is the only paper here in New York which reports on employee misclassification and tax evasion by nonunion contractors .

Media ownership

the tie to net neutrality

“A Federal Communications Commissioner said that the censoring of political speech during a recent Pearl Jam performance illustrates the need for network neutrality.” Link

FROM : SaveTheInternet

What is Network Neutrality? Network Neutrality — or “Net Neutrality” for short — is the guiding principle that preserves the free and open Internet. Put simply, Net Neutrality means no discrimination. Net Neutrality prevents Internet providers from speeding up or slowing down Web

content based on its source, ownership or destination.

Ok that means hypothetically, that without “Net Neutrality”, if Disney, who is partnered with Verizon , has a “Union” issue and someone posts an article on UnionReview about it, Verizon is within their rights to throttle our sites basic internet bandwidth to the degree that it would be frustrating if not impossible to view it. Think this isn’t a possibility, think again .

FROM: SFGate.com

“If you missed the incident, Verizon Wireless initially refused to transmit text messages over its cellular network from Naral Pro-Choice America, a pro-choice group, to its members. Naral uses text-messaging to update its supporters on pro-choice policy and the message would have only gone to people who had signed up to receive them. But several days later, Verizon did an about-face and agreed to send the messages. Nonetheless, according to news reports, Verizon did not retreat from its position that it is entitled to decide what messages to transmit. This is censorship of the first magnitude.”

As a matter of fact , those that oppose Net Neutrality have garnered the talents of “spin-doctor’ Rick Berman, former lobbyist for big tobacco and current creator of Center For Union Facts, whose main focus is to tarnish unions through truths, half-truths and out right propaganda.

Basically his site Hands Off The Internet is a giant scare tactic to those in the world that believe everything they read. Basically if you read through Berman’s web sites you can easily understand this joke.

Q: How can you tell that Rick Berman is lying? A: He opens his mouth

FROM : SaveTheInternet

What else are the phone and cable companies not telling the truth about?

AT&T and others have funded a massive misinformation campaign, filled with deceptive advertising and “Astroturf” groups like Hands Off the Internet and NetCompetition.org. Learn how to tell apart the myths from the realities in our report, Network Neutrality: Fact vs. Fiction.

Well this was installment #1 of my “Mad as Hell”, stay tuned as I once again someday sift through all the misinformation and spin-doctoring and get another story here.

Here’s the 2nd. installment from UnionReview.com: Mad As Hell#2 – Australia dumps corporate government in favor of labor and what’s important here

Video: Building and Construction Trades on Barack Obama

Video: Painter’s union members in Ohio show support for Obama

In late July, some Obama supporters, and members of The International Union Of Painters and Allied Trades(IUPAT) in rural Ohio found a new way to show their enthusiasm for Obama, by painting their family barn.

Big thanks to the Ohio state AFL-CIO for the link

More blatant discrimination against construction workers comes to light, this time prevailing wage violations across America

Kinda, sorta follow up to “Blatant discrimination! Another disposable worker death in New York’s underground sweatshop construction industry” from Jan. 2007

ow do you under bid the union contractors?

By using a work force that does not understand the law of the land. This construction company forced it’s largely Cantonese workers to work 12 hours a day, 7 days a week, with no overtime pay, no breaks and massive safety violations, on jobs that were publicly funded. That’s right, if you live in Oakland, California, there’s a good chance that the school you send your kids to was built with the help of the criminal activity of a few at the top, who profited on the backs of their workers, while screwing the contracting firms who obey the laws, the public who didn’t get what they paid for and the workers who worked in pre-1900 conditions.

I thought the abuses of Chinese workers here in the United States sorta ended after the railroads were built, yes for those of you not well versed in history, from the “end of slavery” years of 1864 to 1867, on just one leg of the transcontinental railroad construction it is estimated that 1200-1300 Chinese workers died in that three year span. For more information on the atrocities against Chinese workers on the railroads there’s a book written by William F. Chew, who is the grandson of two of the railroad workers. His book is called “Nameless Builders of the Transcontinental Railroad“. Mr. Chew isn’t just a bump on a log, he’s a pretty smart fella, in his 45 year career as an aerospace engineer he created components that were critical for spacecraft travel.

So now back to our story, here in New York the homelands might be different but the story is the same, get workers new to the country and cheat the workers and the public out of their legally bound responsibility. Capitalism at it’s finest. Screw everyone to get ahead.

Just two weeks ago it came to light that a local scumbag General Contractor pocketed $550,000 of public money which was supposed to go to his employees, according to The New York Times article from July 31st. entitled “Officials of Building Firm Accused of Cheating Workers and City “:

The officials, Yuly Aronson, owner of the May Construction Company, and Anthony Branca, the company’s accountant, ran their scheme from April 2005 through November 2006 during work on two dozen city buildings and courthouses, according to Attorney General Andrew M. Cuomo.

They were charged in Manhattan Criminal Court with falsifying payroll filings to receive roughly $2 million from the Department of Citywide Administrative Services for employee wages and withholdings, of which Mr. Aronson, 46, and Mr. Branca, 50, ended up pocketing about $550,000 that was supposed to go toward the salaries of 84 workers, the attorney general said.

Here’s the how to screw your work force part:

May Construction lured many of its employees with an advertisement in the Polish-language newspaper Nowy Dziennik, according to the attorney general’s office. Most of the company’s workers were secured through those advertisements and were each paid the minimum of the prevailing wage, even though the jobs they were doing required they be paid higher wages, the attorney general’s office said.

The good news, if convicted, according to New York State’s Attorney General Andrew Cuomo:

“Contractors on public works projects should be warned: Obey the law and pay the prevailing wage, or face the consequences,” Mr. Cuomo said in a statement.

Mr. Aronson and Mr. Branca face several charges including grand larceny. If convicted, they could spend up to 15 years in prison.

So that’s the story of how Polish immigrants are getting screwed on prevailing wage violations here in New York, let’s get back to what transpired in Oakland, California, it took a Cantonese speaking organizer working with the International Brotherhood Of Electrical Workers (IBEW Local 595) to bring the violations to light and that’s a good thing. Here’s some snips from the East Bay Business Times, from the August 12th. story entitled “Former employees sue Oakland contractor NBC General“:

NBC General Contractors Corp., an Oakland construction company that is working on several publicly funded projects in the city’s downtown, has been hit with a lawsuit filed by former employees seeking millions of dollars for prevailing-wage, overtime, meal break and safety violations.

Sounds like your average non-union construction company nowadays, sometimes it’s Chinese, sometimes it’s Guatemalan’s, Mexican’s, whoever they can screw and threaten the best. The less they are allowed to speak up, the less they know about US labor law, the more they can be screwed, but enough of my ranting, the story continues:

NBC General became the subject of the organization’s scrutiny because some contractors perceived its bids on projects were often lower than others and that prompted questions about whether its books truly reflected hours worked, said the partnership’s Alameda County compliance officer, Andreas Cluver. The union group wasn’t able to investigate efficiently, however, until it made contact with a Cantonese-speaking organizer who understood the language and culture of many of the NBC General workers.

That’s the way to do it fellas, IBEW did exactly what needs to be done, just because the workers did not speak English, did not mean they were stupid, they just needed someone to explain to them their rights. How bad were these workers treated, heres more:

The suit filed July 17 in Alameda Superior Court seeks to represent a group of what is probably about 150 workers who worked on NBC General projects for a period of four years, from July 2004 to the present, said plaintiff attorney Sharon Seidenstein. A judge would have to grant class-action status.

“The company is working on prevailing-wage jobs and they are not paying the prevailing wage,” said Seidenstein. “They are also working them extremely long hours; for instance, during the summer the workers are alleged to be working 12-hour days, seven-day weeks, with no overtime.”

Also named in the complaint is J.H. Fitzmaurice Inc., the Emeryville-based firm that is the general contractor for the Fox Courts housing project.

It is unclear how much plaintiffs will recoup if they prevail, although Seidenstein said it could be “millions.”

Cluver stated that he had calculated about $6.6 million in underpayments to workers, based solely on his calculations and not taking into account any penalties a court might issue.

Monica Mui Ung, president and CEO of Oakland-based NBC General, and J.H. Fitzmaurice, did not immediately return telephone calls seeking comment on Tuesday.

I just hope the owners of these companies in NY and CA see the inside of jail, they really deserve it. One can only wonder how badly they treat workers on non-prevailing wage jobs, but you can see that in my first article entitled “Blatant discrimination! Another disposable worker death in New York’s underground sweatshop construction industry“

Immigration: the wedge issue of the labor movement

This country is delving deeper into the 3rd. world as anyone is allowed to enter here illegally without penalty, and until recently one of the only times ICE, our Immigration and Customs Enforcement agency, has raided a work place it was in the middle of a union organizing drive. Here’s just a few facts to ponder.

In Iowa, ICE raided AgriProcessors, the countries largest Kosher meat packing plant and found almost 400 illegal alien workers, reports of weapons and get this, a Crystal Meth lab! There were over 60 underage workers at the plant, the youngest of which was 13 years old.

In California, a pregnant Mexican teenager died on a California vineyard, she wasn’t allowed to have water! 5 more immigrant farmworkers in California have died in the fields since.

In New York, undocumented immigrant construction workers were threatened with guns if they decided to join a union. On other sites workers are told to say that if hurt at work, they are to report the injury as happening on the soccer field. On a nearby house getting remodeled I asked the owner of a construction company why he only gave his Guatemalan workers doing siding one plank for each teir of the 32 foot high scaffold, he told me they were like monkeys, they would be OK. I could go on about New York, about how when Fresh Direct, the internet supermarket was raided by ICE right in the middle of a NLRB wait period for a unionization vote. But lets get to the legal issues that are encouraging more illegal immigration, the laws against working rights and the laws that are helping to fracture labor protections. Here’s two I reported on recently. Oh yeah, by the way they are both in Right to work states.

Kansas, a state in this United States, has passed a bill through it’s Senate that will exclude punishment for the employers of undocumented workers, but would fine a union who lets the worker into it’s ranks. You got that? They do not blame the employers and they want to stop anyone from helping the workers.

Utah, there is now a law which will exclude an injured worker from getting Workmans Compensation who has committed any crime, BUT the law does not hold the company responsible for hiring the illegal immigrant, nor will their premimum go up. Now theres a couple of great places to open up business.

To Be Continued, what I’ve been up to lately

I can continue with this but I really need some rest, you may have noticed I have been writing scarcely recently at Joe’s Union Review, there’s just so much to write about and so little time lately, I too have a full time job and I’m teaching an apprentice in my trade, it’s an honor and a privilege to help her in her career, I was a little concerned that I might not have been ready to train someone, but I’m doing my best, she is my union brother (talk about a weird line) and it’s important.

Something you may want to check out

Just in case you don’t read Rupert Murdoch’s Wall Street Journal, you may have missed the news of the meeting they had with their workers that threatened that if Obama were to be elected President, that there would be almost nothing standing in the way of the Employee Free Choice Act getting passed, which would of course pave the way for those damned unions to corrupt the wonderful working environment that their workers currently enjoy by giving them a fighting chance to seek collective bargaining representation. Was it illegal what they did? Was Wal-Mart being a good employer and informing their workers about the candidates or did they threaten them as to how they should vote?

Here’s a little fact that slipped through the media unreported, Wal-Mart was recently sued by none other than the US Dept. Of Justice, why would you ask? They refused to rehire a returning veteran in their Florida store. That’s right, Wal-Mart, that great American franchise said a big F you to someone who went out and risked their life for them. They of course settled for $12,000 out of court.

Wal-Mart is most likely a big contributor to the organizations against The Employee Free Choice Act, but I’ll have more on that soon. As American Right’s At Work puts it:

What Wal-Mart is doing for November’s political elections is what it, and hundreds of other anti-union companies, do all the time when workers say they want a union: intimidating them to go against their own self-interests.

The most ironic part of this news is that Wal-Mart’s political ally, the Chamber of Commerce, sees itself as “David” versus the supposed “Goliath” of unions in the fight for the Employee Free Choice Act.

“This is a David-and-Goliath confrontation, but we believe we’ll have enough stones in the sling to knock this out,” said Mr. Steven Law, chief legal officer of the U.S. Chamber of Commerce.

Maybe, if David first set up a front group to defame Goliath with a $30 million television advertising campaign before he loaded up his slingshot.

I’ll write some more on this soon, but for now,

Peace, have a great weekend

Joe

Bad builders in Arizona sue to stop labor backed legislation which would give consumers a warranty on their shotty product’s, what are they afraid of?

Directly from DailyKos (7/24/08):

Conservative Groups Sue to Stop Labor-Backed Consumer Initiative in Arizona
by PaulVA [Subscribe] Thu Jul 24, 2008 at 09:03:18 AM EST

In December 2007, the Sheet Metal Workers’ International Association(SMWIA) filed paperwork with the Arizona Secretary of State to form the Arizona Homeowners’ Bill of Rights Committee. The goal was clear, to provide homeowners with improved rights to deal with construction defects and shady home sales practices that have been plaguing consumers across the country and in particular in the hot Arizona homebuilding market.

Last month, the committee presented petitions with more than 260,000 signatures to the state to allow Arizona voters to determine the outcome of this issue in the fall.

Tuesday, a small group of poweful GOP-backed homebuilders filed a lawsuit looking to stop homeowners from having any say about the construction defects in their homes.

Current Arizona law, passed in 2002 by a GOP dominated legislature, radically changed the rights of buyers in favor of builders and does not give buyers any reasonable degree of protection against deceptive sales practices and construction defects. The state GOP, back by the homebuilding industry. pressured the Arizona Legislature to pass this law as they have done in other states such as Texas and Florida. They claimed to be seeking relief from class-action suits filed against them.

What they got instead was a carte-blanche invitiation to run rampant over the Arizona residents who purchased their defective homes.

The Sheet Metal Workers joined forced with several consumer and community groups in an effort to help homebuyers with their construction defects, even including free inspections of their homes from a qualified union member. What was found was shocking and detailed in the website Poorly Built By Pulte Homes, the largest homebuilder in Arizona and in the nation.

It took over six months to complete the listed items on the walk-through, as well as the items that were discovered after we moved in. There were way too many problems with way too many service calls, which left me at their beck and call for over six months.

-An Anthem Parkside homeowner

This has been a horrible experience. Between all the problems, the non-responsive customer service, the poor “fixes”, we are very saddened that our “dream home” has become a nightmare. It is unfortunate that so many problems have occurred, but even more disappointing that we are left to deal with them, no recourse at all. We had thought about getting a lawyer, but just wouldn’t know where to start. The water damage to the house was because of negligence and was a problem that we noticed on our walk through.

The new initiative would serve as a big step in solving many of these problems by creating a Bill of Rights for Arizona homeowners, providing a 10-year warranty on new homes. In addition, homeowners would have the right to demand either the builder correct construction defects or compensate the homeowner. Homeowners also could participate in the selection of contractors to perform the repair work.

The initiative provides that homeowners can sue if the builder does not offer sufficient remedies and removes the threat of being liable for the builder’s attorney and expert fees while allowing the homeowner to recover these costs. Homeowners whom builders have subjected to emotional distress or great inconvenience can recover for these areas as well. The initiative also adds new protections in the home-buying process.

The rights of homeowners go hand in hand with the rights of the workers who are on the job building these homes. There are over 30,000 residential construction workers in Arizona. Unfortunately, working conditions and low standards in the residential construction industry are bringing standards down across the board for workers and consumers.

Safety, fair wages, and respect on the job are all missing from jobsites in the residential industry across the country. Last year, a group of workers were caught on video being sprayed down by a water truck as they peacefully demonstrated against the working conditions they faced at work.

To learn more about the SMWIA effort in Arizona, visit the Building Justice website. You can also take a survey and read some of the homeowner complaints at Poorly Build By Pulte.

This referendum is not just radioactive to the conservative groups who passed the carte blanche legislation restricting homeowner rights in Arizona – it is a threat to them everywhere. If this passes in Arizona (where it enjoys 80% support), it will be on the ballot elsewhere, including Texas where Bob Perry, the homebuilder who funded the Swiftboaters group, lobbied for and got legislation just like the one the Arizona homebuilders are using to trample over the state’s homebuyers.

Story Updated.