Justice Within Reach WJCNY Interns March in Support of Fired Food Processing Workers in Sullivan County. June 2015

Size: px

Start display at page:

Download "Justice Within Reach WJCNY Interns March in Support of Fired Food Processing Workers in Sullivan County. June 2015"

Horatio Townsend
6 years ago
Views:

1 W ORKER JUSTICE Center of New York Justice Within Reach WJCNY Interns March in Support of Fired Food Processing Workers in Sullivan County. June Report

2 Letter from the Executive Director Greetings: The past two years have been a time of incredible growth for the organization and are marked by major accomplishments by our staff. In January, 2015, board and staff members met for an intensive three-day Strategic Planning Retreat. The retreat was the culmination of months of work by all involved to prepare and plan for the future. The goal of the retreat was to chart short and long-term plans that we would immediately begin to implement. I m happy to report that many of those initiatives have been put into place. Over the last year and a half our efforts to pursue justice for agricultural and other low-wage workers resulted in over $1 million in recovery of unpaid wages. Our advocates provided legal education and representation to over 7,200 workers. These numbers alone are impressive enough, however the results of our efforts are what are most meaningful. Our Human Trafficking Program continues to be one of the few, if not the only, program nationally that focuses on labor trafficking within the agricultural community. We have pursued relief for numerous victims but one case in particular shows the breadth of our involvement and the magnitude of representation our Trafficking Specialists and Legal Team provide. This case involved a young woman who was used and abused by her trafficker. As a direct result the regional Anti-Trafficking Task Forces we have developed, our team was able to provide support services and immigration relief. Additionally, the client s child was being held by the trafficker in Mexico. Cross border assistance and networking resulted in freeing the child and placing the child with his grandmother. We are continuing to pursue re-unification of the victim with her child. I am proud to say that as a result of the work of our Domestic and Sexual Violence Program we have received a major grant to expand that work starting in A three-year grant from the United States Department of Justice will allow us to serve farmworker victims throughout the state in partnership with two regional victim services providers. Even prior to this support, our Domestic Violence & Sexual Assault Advocate was instrumental in providing support to three victims of sex trafficking this year who were brave enough act as witnesses against their perpetrator. The trafficker was convicted and received a lengthy prison sentence. Finally, our newly constituted Workplace Justice Program brings together various aspects of our work under one roof, including our agricultural outreach project, community legal education project, workplace health and safety project, community ID initiative, and our pursuit of non-litigation legal remedies including assisting workers in filing complaints with the Department of Labor, the Division of Human Rights, the Occupational Safety and Health Administration and other agencies. We are also incorporating workplace organizing and media strategies to achieve justice. Our community ID initiative in Kingston has issued over 600 ID s and has served as a model that is starting to be replicated by other communities in the area. In Sullivan County, due primarily to our staff s advocacy, coordination and legal intervention, over 200 workers who were unceremoniously fired received wages and benefits initially refused by the Company. We continue to meet with the workers and follow their lead in pushing for a safe and non-hostile work place. Our focus on workplace safety is helping build leadership amongst workers on our state s most isolated dairy farms and shedding light on the lack of comprehensive protections for dairy workers and the precarious conditions that they face. We were also recently successful in getting more rigorous pesticide regulations passed which will benefit farmworkers throughout the state. I want to thank all of our friends and supporters for your contributions over the past two years. We would not be able to do this work without your support and the incredible dedication of our staff and board members. Sincerely,

3 WJCNY IN NOTABLE NUMBERS* Recovered over $1 million in wages due Established direct contact with 8,077 workers Distributed 15,470 brochures Conducted visits at over 973 farms Counseled and advised over 1,850 people Negotiated over 152 settlements *Note: Due to the confidential nature of many of our settlements, most of our legal cases are not discussed in detail in this report.

2014-2015 Highlights < APRIL-MAY 2014: WJCNY and the Workers Center of Central New York organize a state-wide

They informed over 300 students, union members, people of faith and others about conditions in NY s dairy industry and

MAY 2014: The Hudson Valley wing of WJCNY moves to a permanent home at 9 Main St. in Kingston!

4 Highlights < APRIL-MAY 2014: WJCNY and the Workers Center of Central New York organize a state-wide educational tour with worker leaders from the May 1st Agricultural Workers Committee. They informed over 300 students, union members, people of faith and others about conditions in NY s dairy industry and participated in 28 events in 13 cities including Syracuse, Albany, Ithaca, Binghamton, Rochester, Buffalo and NYC. MAY 2014: The Hudson Valley wing of WJCNY moves to a permanent home at 9 Main St. in Kingston! MAY 2014: Farmworker poets read at the PEN World Voices Festival in NYC through a collaboration between WJCNY and poet Mark Nowak. MAY 2014 WJCNY negotiates the reinstatement of a female worker after her employer, Concept Packaging, terminated her upon learning of her pregnancy. JUNE 2014: A sudden increase in child migration from Central America made national headlines as unaccompanied minors quickly overwhelmed federal immigration officials along the US-Mexico border. With most service providers focused on high-density population centers, WJCNY plays a critical role in assisting unaccompanied immigrant children and their sponsors in more isolated regions of the state.

JULY 2014: OSHA begins unannounced inspections on NY dairy farms following a successful campaign by dairy worker leaders and advocates who

AUGUST 2014: After learning about his rights, Jose Arturo Vasquez recognized that his pay was not adding up.

We filed a federal lawsuit on Arturo s behalf for the alleged unpaid overtime.

Arturo now works to educate his fellow workers about their rights so that they do not become victims of wage theft.

5 JULY 2014: OSHA begins unannounced inspections on NY dairy farms following a successful campaign by dairy worker leaders and advocates who exposed dangerous working conditions and pressured OSHA to institute a Local Emphasis Program. AUGUST 2014: After learning about his rights, Jose Arturo Vasquez recognized that his pay was not adding up. Arturo often worked sixty-three hours per week, but it appeared that he was not receiving overtime pay. We filed a federal lawsuit on Arturo s behalf for the alleged unpaid overtime. The matter was settled quickly and Arturo received $35,000 in settlement of his claims. Arturo now works to educate his fellow workers about their rights so that they do not become victims of wage theft. AUGUST 2014: The New York Times accompanies WJCNY on outreach and reports on farmworker labor exclusions and advocacy work around the Farmworker Fair Labor Practices Act. SEPTEMBER 2014: WJCNY begins bi-monthly language exchange nights in the Kingston office in response to the need for greater community integration and opportunities for Spanish and English learners to practice.

< SEPTEMBER 2014: People Organizing for Worker Empowerment and Respect (P.O.W.E.R.), a Rochester-based Worker Center supported by WJCNY, hires a part-time organizer.

case management and legal services to survivors of human trafficking, as well as technical assistance to law

OCTOBER 2014: WJCNY makes an outreach trip to the large orchards of the North Country.

Staff continue to learn about the working conditions there and share information on workplace health and safety and

NOVEMBER 2014: WJCNY successfully negotiates the recovery of unpaid wages on behalf of one worker in the hospitality

6 < SEPTEMBER 2014: People Organizing for Worker Empowerment and Respect (P.O.W.E.R.), a Rochester-based Worker Center supported by WJCNY, hires a part-time organizer. SEPTEMBER 2014: WJCNY Human Trafficking Program awarded over $300,000 in federal grants to provide comprehensive case management and legal services to survivors of human trafficking, as well as technical assistance to law enforcement and service providers. OCTOBER 2014: WJCNY makes an outreach trip to the large orchards of the North Country. Often hiring Jamaican H2A guestworkers each, these apple farms are some of the largest in the state. Staff continue to learn about the working conditions there and share information on workplace health and safety and workers rights. NOVEMBER 2014: WJCNY successfully negotiates the recovery of unpaid wages on behalf of one worker in the hospitality industry. > NOVEMBER 2014: WJCNY honors Dia de los Muertos (Day of the Dead). In Western NY, community members gathered to expose the collaboration of State Police with Border Patrol. In the Hudson Valley a group of Guatemalan farmworkers share their kite-building tradition with the community.

DECEMBER 2014: Mujeres Divinas and Mujeres Creando Futuro, two WJCNY-supported groups for farmworker women in Western NY, attend the Rural Womens Conference in Binghamton.

JANUARY 2015: WJCNY successfully negotiates the recovery of unpaid wages on behalf of a worker at LaBelle Farm.

Through the T-visa process, WJCNY was also able to assist the client in petitioning to allow four of his five siblings and his mother to join him here in the United States.

Border Patrol has jurisdiction within 100 miles of any U.S. land or coastal border and often sets up check-points, boards trains and buses, and responds to emergency calls in New York State.

7 DECEMBER 2014: Mujeres Divinas and Mujeres Creando Futuro, two WJCNY-supported groups for farmworker women in Western NY, attend the Rural Womens Conference in Binghamton. JANUARY 2015: Board and Staff Strategic Planning Retreat. JANUARY 2015: WJCNY settles a federal wage and hour lawsuit on behalf of six workers in the landscaping industry. JANUARY 2015: WJCNY successfully negotiates the recovery of unpaid wages on behalf of a worker at LaBelle Farm. MARCH 2015: WJCNY obtains immigration authorization for a young survivor of human trafficking from Central America. Through the T-visa process, WJCNY was also able to assist the client in petitioning to allow four of his five siblings and his mother to join him here in the United States. MARCH 2015: WJCNY begins collecting the testimonies of immigrants and advocates living near the Canadian border about how immigration enforcement affects their lives. Border Patrol has jurisdiction within 100 miles of any U.S. land or coastal border and often sets up check-points, boards trains and buses, and responds to emergency calls in New York State. The Canadian border region is also home to the largest farms and dairies in the state, notorious for their health and safety and labor law violations. APRIL 2015: WJCNY s Human Trafficking Program joins the leadership of Freedom Network USA, a national coalition of advocates that works to ensure that trafficked persons have access to justice, safety, and opportunity. MAY 2015: Popular national radio show This American Life joins WJCNY on dairy outreach and completes a segment on working and living conditions on NY s dairy farms. APRIL 2015: WJCNY settles a federal national discrimination lawsuit on behalf of a worker in the construction industry. APRIL 2015: WJCNY settles a federal wage and hour lawsuit on behalf of two workers in the hospitality industry.

MAY 2015: Over 40 workers and allies rally at Marks Farms in Lowville, NY to demand an end to workplace violence and draw attention to the case of Francisco, a former

Pressure on the farm continues to mount with each termination of employees who advocate for their rights and dignity on the job.

They allege wage theft, health and safety violations, sexual harassment and discrimination.

counties around the state on child trafficking identification and response.

8 MAY 2015: Over 40 workers and allies rally at Marks Farms in Lowville, NY to demand an end to workplace violence and draw attention to the case of Francisco, a former employee who alleges he was beaten by his supervisor. Pressure on the farm continues to mount with each termination of employees who advocate for their rights and dignity on the job. MAY 2015: WJCNY supports the organiz- ing efforts of approximately 200 terminated food processing workers in Sullivan County. They allege wage theft, health and safety violations, sexual harassment and discrimination. As a result of these efforts, former employees have received broad community support and over $100,000 in earned compensation following the Department of Labor investigation. JUNE 2015: WJCNY, in partnership with the Office for Children and Family Services begins trainings with law enforcement and social service professionals in Safe Harbor counties around the state on child trafficking identification and response. JUNE 2015: WJCNY settles a federal wage and hour lawsuit on behalf of thirteen workers in the hospitality industry. JUNE 2015: Together with our partners in the Upstate Worker Center Alliance, WJCNY played a leading role in organizing the first fully bilingual Upstate Worker Congress which brought together low-wage workers from across the state with the aim of strengthening worker leadership. JULY 2015: WJCNY s Human Trafficking Program joins governmental and advocacy organizations in Washington D.C. for the release of the 2015 Trafficking in Persons Report by U.S. State Department Secretary John Kerry. The TIP Report rates 188 countries on their efforts to combat human trafficking.

> JULY 2015: WJCNY becomes a member of the Food Chain Workers Alliance, a national coalition of worker-based organizations whose members plant, harvest, process, pack, transport, prepare, serve and

JULY 2015: WJCNY sues Broadway Lights Diner & Cafe in Kingston, NY, alleging failure to pay overtime wages and other violations.

AUGUST 2015: WJCNY s Executive Director is appointed to Governor Cuomo s Advisory Committee to the Worker Exploitation Task Force.

AUGUST 2015: Milton Rodriguez was working dutifully for his employer when he was unexpectedly called into a disciplinary meeting and terminated. Mr.

9 > JULY 2015: WJCNY becomes a member of the Food Chain Workers Alliance, a national coalition of worker-based organizations whose members plant, harvest, process, pack, transport, prepare, serve and sell food, organizing to improve wages and working conditions for workers all along the food chain. JULY 2015: WJCNY sues Broadway Lights Diner & Cafe in Kingston, NY, alleging failure to pay overtime wages and other violations. Plaintiff Miguel Perez Mendez alleges that during his time of employment he was not paid overtime although he worked seventy-five hours per week as a dishwasher, sous chef and cleaner. AUGUST 2015: WJCNY s Executive Director is appointed to Governor Cuomo s Advisory Committee to the Worker Exploitation Task Force. During subsequent factfinding sessions WJCNY staff have supported low-wage workers in preparing testimonies about their experiences at the workplace. AUGUST 2015: Milton Rodriguez was working dutifully for his employer when he was unexpectedly called into a disciplinary meeting and terminated. Mr. Rodriguez was intimidated by the process of applying for unemployment when his initial application for benefits was denied because his employer accused him of things like insubordination, dishonesty, and violations of work rules. WJCNY provided legal support to Mr. Rodriguez in his appeal of the denial and helped him obtain his unemployment benefits. SEPTEMBER 2015: WJCNY completes the third year of its Community Identification Initiative. Started as a pilot project in the City of Kingston, the ID initiative has since expanded to serve residents throughout the northern Ulster County and has been officially endorsed by the Saugerties Police Department.

SEPTEMBER 2015: WJCNY celebrates improvements in the Worker Protections Standard, the law that governs pesticide use, after months of advocacy work and sharing

ngressional representatives in Washington D.C.

Over 250 farmworkers of various nationalities came to SEPTEMBER 2015: WJCNY attends the Alianza celebrate, eat, learn, listen to music and play soccer in Nacional de

As a member organization, WJCNY will continue to promote the leadership of farmworker woman and advocate for their human rights.

Major changes included the incorporation of legal staff directly into each of the three program areas and the hiring of a Program Director.

10 SEPTEMBER 2015: WJCNY celebrates improvements in the Worker Protections Standard, the law that governs pesticide use, after months of advocacy work and sharing farmworker testimonies with Congressional representatives in Washington D.C. SEPTEMBER 2015: Kids display their masks at a Harvest Festival organized by WJCNY and the Finger Lakes Coalition of Farmworker-serving Agencies. Over 250 farmworkers of various nationalities came to SEPTEMBER 2015: WJCNY attends the Alianza celebrate, eat, learn, listen to music and play soccer in Nacional de Campesinas (National Alliance of Farm- Sodus, NY. worker Women) retreat at Cesar Chavez center in Keene, California. As a member organization, WJCNY will continue to promote the leadership of farmworker woman and advocate for their human rights. OCTOBER 2015: The WJCNY team gathers for an in-person retreat. In addition to celebrating our victories we discussed our priorities and strategies moving forward. Major changes included the incorporation of legal staff directly into each of the three program areas and the hiring of a Program Director. NOVEMBER 2015: WJCNY, its partner organiza- tions and members of the local community honor the one year anniversary of the workplace death of Marco Antonio Ortiz Perez, a dairy worker from Guatemala. The event also honored other dairy workers who have died on the job, largely on farms that are exempt from OSHA inspections due to having fewer than eleven employees. NOVEMBER 2015: WJCNY s Domestic and Sexual Violence Program receives a three-year grant from the Department of Justice to provide legal assistance to female survivors of domestic violence who work in agriculture and related industries.

11 SUPPORTERS FISCAL YEAR We are grateful to our supporters for their commitment to workers rights! Dyson Foundation New York Bar Foundation New York State Interest on Lawyer Account Fund ( IOLA ) United Way of Ulster County New York State Office of Court Administration New York Immigration Coalition Catholic Campaign for Human Development U.S. Department of Labor - Occupational Health and Safety Administration New York State Department of Labor New York State Division of Criminal Justice Services Vera Institute of Justice Geneseo Migrant Center United States Department of Labor United States Committee for Refugees and Immigrants Finger Lakes Community Health Clinic United States Department of Justice Office for Victims of Crime International Institute of Buffalo Hudson-Catskill Workforce Development International Organization for Adolescents John F. Wegmans Foundation Local Economies Project In addition, we are especially thankful for the contributions of our individual and union donors.

12 WORKER JUSTICE CENTER OF NEW YORK BOARD MEMBERS Mike Lingle, Esq. Martha Swan Myrna Capaldi Hope Olsson, Esq. Alissa M. Valentine, Esq. Steven E. Cole, Esq., Chair Miguel Ortiz, Esq. Jerry Wein, Esq. Mark Drexler, Esq. Sandra Oxford, Secretary Maryellen Whittington-Couse Artemio Guerra, Esq. Frieda Koenig, Treasurer STAFF Susan Patnode, Esq. Rachel Roberts, Vice-Chair Susan Zucker Paola Betchart Worker Rights Advocate Emma Kreyche Worker Rights Advocate Renan Salgado Human Trafficking Specialist Margaret Billyard Information Analyst John Marsella, Esq. Staff Attorney Luis Torres P.O.W.E.R. Organizer Andrea Callan, Esq. Program Director Gonzalo Martínez de Vedia Human Trafficking Specialist Leanne Tory-Murphy Worker Rights Advocate Carly Fox Worker Rights Advocate Thomas Feeney, Esq. Litigation Director Cheryl Gee Domestic & Sexual Violence Specialist David Irving, Esq. Staff Attorney Jeremy McLean, Esq. Staff Attorney Julieth Nuñez Legal Assistant Lewis O. Papenfuse Executive Director Diana Saguilán Kingston Operations Manager Kenneth Wolkin Worker Rights Advocate Josanna Berkow, Esq. Emeritus Attorney Douglas Kramer, Esq. Emeritus Attorney Yolanda Villa, Esq. Emeritus Attorney

13 DEDICATION Dedicated in memory of the workers who have lost their lives on the job. Mourn the dead, fight like hell for the living. Mother Jones

Worker Justice Center of New York, Inc.

Worker Justice Center of New York, Inc. Overview of Achievements, 2012-2013 The primary target population is agricultural and other low wage workers. The organization has expanded in its representation