Comey v. Trump

 

What We Are Really Seeing When We Look At Comey v. Trump

Gene Grabiner
SUNY Distinguished Service Professor Emeritus (NYSUT, NWU, AFL-CIO)

Anything can be done under color of law, (e.g., segregation, the Holocaust, strike-breaking, ‘pre-emptive wars’ like in Iraq, water boarding and other tortures, police murders etc.), So please let us dispense with the fiction of the neutral “rule of law.”

The dominant characteristics of the rule of law in any society express the power of the dominant social group or class and the prevailing or dominant property relations at the time.

So what we are seeing in Comey v. Trump is the mediated expression of internal struggle within the ruling class, the Comey forces also expressing at the same time the mediated and historically required needs of the working class. (Hegel refers to what is happening as the “cunning of history.”)

In this context, only the Comey forces point the way to a possible human future.

But if the Comey forces prevail, the working class and all other progressive and democratic forces will still need to press their demands.

And since all of this is a basic question of humanity’s survival, American workers must finally decide to oppose war with Russia and China and any other country. Indeed, they must also stop making weapons of war since their continued production and proliferation can only lead to war.

New England Carpenters Demand Workers Comp for Undocumented Worker Detained by ICE

Diego Low, Metrowest Workers Center

This is an update to the case of José Flores (Injured Worker Detained by ICE in Retaliation).  At 11:30am on May 22, José Flores was released to his family for deferred action due to pressure from Metrowest Worker Center, MassCOSH, and other members of the Immigrant Worker Center Collaborative and legal allies. While this is a victory, the need for financial support has increased, in order to be able to assist the entire family with legal counsel. We are so grateful for the more than $7,500 already raised. Our current goal is to raise another $12,500 for a total of $20,000.  Please consider making a donation here.

Last week, the New England Regional Council of Carpenters released a statement against this kind of retaliation, saying “The New England Regional Council of Carpenters represents all carpenters regardless of their status.  If someone works they deserve to be paid. If they are injured on the job they are entitled to workers compensation coverage. End of story. A worker’s immigration status should not play any role in whether these right apply. Immigration officials going after any worker involved in a workplace dispute has a chilling effect on others exerting their rights under the law.”

We are organizing with a broad-based coalition of allies to speak up against this situation. We know that, beyond the workplace, the threat of ICE tends to drastically reduce the community’s willingness to report any kind of serious situation to authorities, from domestic violence to medical emergencies. This makes our communities far less safe, and provides protection for those who prey on the vulnerabilities of others. We urge you to join us in standing up for the safety of our communities.

The Return of Workplace Immigration Raids

San Francisco Press Conference Suppporting AB 450

SAN FRANCISCO, CA – David Huerta, President of United Service Workers West, SEIU, speaks at a meeting of San Francisco janitors and other workers supporting AB 450, a bill protecting workers during immigration raids and enforcement actions. 

David Bacon

At the end of February immigration agents descended on a handful of Japanese and Chinese restaurants in the suburbs of Jackson, Mississippi, and in nearby Meridian. Fifty-five immigrant cooks, dishwashers, servers and bussers were loaded into vans and taken to a detention center about 160 miles away in Jena, Louisiana.

Their arrests and subsequent treatment did more than provoke outrage among Jackson’s immigrant rights activists. Labor advocates in California also took note of the incident, fearing that it marked the beginning of a new wave of immigrant raids and enforcement actions in workplaces. In response, California legislators have written a bill providing legal protections for workers, to keep the Mississippi experience from being duplicated in the Golden State.

Once the Mississippi restaurant workers had been arrested, they essentially fell off the radar screen for several days. Jackson lawyer Jeremy Litton, who represented three Guatemalan workers picked up in the raid, could not get the government to schedule hearing dates for them.  He was unable to verify that the other detained immigrants were being held in the same center, or even who they were.  Continue reading

ALEC and the Minimum Wage

ALEC and the Minimum Wage
By Seth Sandronsky

The American Legislative Exchange Council is against raising the
minimum hourly wage. We turn to Missouri’s statehouse. Lawmakers there
passed bills barring every past and future law to hike the minimum
wage recently.

“By enacting legislation today to prohibit all past and future local
minimum wage laws in Missouri, the Missouri state legislature dealt a
blow to democracy and workers in the state,” said Christine Owens,
executive director at the National Employment Law Project.
“Legislators have stripped Missouri communities of their long-standing
rights and taken away all hope for cities like St. Louis of addressing
low wages that deny people the opportunity to support themselves
through work.”

Missouri’s anti-minimum wage legislation mirrors a bill that Iowa
state lawmakers passed. In Iowa, that bill reverses local minimum wage
hikes that counties approved, while prohibiting cities and counties
from changing the standards for wages and benefits.

What is going on, and why? According to the NELP, state legislatures
are responding to popular sentiments to increase minimum wage rates.
Over 40 cities and counties have enacted increased minimum wages.
However, 24 states have approved laws to roll back these minimum wage
increases. Continue reading

The Right to Strike

Will-Strike

For half a century, the loss of the right to strike has moved in lock step with the increase in income inequality. According to an International Monetary Fund study of twenty advanced economies, union decline accounted for about half of the increase in net income inequality from 1980 to 2012. The following is the start of a Boston Review discussion on US workers’ right to strike.

James Gray Pope, Ed Bruno, Peter Kellman

Boston Review

May 22, 2017

In December 2005 more than 30,000 New York City transit workers walked out over economic issues despite the state of New York’s Taylor Law, which prohibits all public sector strikes. Not only did the workers face the loss of two days’ pay for each day on strike, but a court ordered that the union be fined $1 million per day. Union president Roger Toussaint held firm, likening the strikers to Rosa Parks. “There is a higher calling than the law,” he declared. “That is justice and equality.”

The transit strike exemplified labor civil disobedience at its most effective. The workers were not staging a symbolic event; they brought the city’s transit system to a halt. They claimed their fundamental right to collective action despite a statute that outlawed it. For a precious moment, public attention was riveted on the drama of workers defying a draconian strike ban.

How did national labor leaders react?

AFL-CIO president John Sweeney issued a routine statement of support, while most others did nothing at all. To anybody watching the drama unfold, the message was clear: there is no right to strike, even in the House of Labor.

About a decade earlier in 1996, Stephen Lerner, fresh from a successful campaign to organize Los Angeles janitors, had warned in Boston Review that private sector unions faced an existential crisis: density could soon drop from 10.3 percent to 5 percent if unions did not expand their activity beyond the limits imposed by American law. He called for unions to develop broad organizing strategies—industry-wide and regional—and to engage in civil disobedience. Few embraced these radical strategies. Today private sector union density is about 6.5 percent, not quite as low as Lerner predicted, but down from a high of over 30 percent in the mid-1950s. Continue reading

ICE Helps Unscrupulous Employer Shaft Injured Worker

by Paul Garver

0517_workers-comp-ice01-1000x666

Rosa Benitez with her 2 year old son missing her partner and his father Jose Flores

/After working three decades as a union organizer in the USA and assisting unions to organize in other countries, I thought that nothing ruthless and callous employers in collusion with corrupt governments could shock me anymore.

I was wrong.   This story makes my stomach churn and my blood boil.   It appeared on WBUR, the PBS news outlet in Boston, and shared with me by the Metrowest Worker Center in Framingham, MA.   Thanks to WBUR for its extensive and ongoing news coverage on issues relating to immigration, I quote its report in full here:

“Thirty-seven-year-old Jose Flores and his longtime partner, Rosa Benitez, have been living in Massachusetts for almost seven years. The Honduran nationals both entered the United States by illegally crossing the Southern border.

Benitez, 40 and with tired eyes, says she and Flores had to leave Honduras because of the violence.

‘I Came Here To Fight For My Family’

“Like all of the immigrants arriving from other countries,” she said in Spanish, “I came here to fight for my family. That’s why I’m here. Honduras is terrorized by gangs. I can’t live there. My dad was killed by the gangs. They threatened him and told him to pay a fee, but he didn’t pay it.”

The couple has five children together, three of whom are U.S.-born citizens. The oldest is 17 and the youngest is 2 years old. Benitez says since Flores was arrested by federal immigration agents last week, all of the children are scared and asking when their dad is coming home.

The family has had no income for two months. Flores, the sole provider, hasn’t been able to work since the end of March when he fell off a ladder at a job site, breaking his femur bone in his leg and undergoing several subsequent surgeries. After consulting with attorneys, and even though he’s living here illegally, Flores sought compensation from the Boston-based construction company he was working for.

Stacie Sobosik is a workers’ compensation attorney who’s advising Flores, and she says he’s within his rights. “Under case law in Massachusetts, undocumented workers are eligible for the same benefits as any other worker injured in the state,” she said.

Sobosik says she works with plenty of clients who are in the country without documentation and often they’re hesitant to report workplace accidents. The fear is that doing so will result in retaliation from employers in the form of a call to Immigration and Customs Enforcement (ICE).

“And we’ve always been able to tell clients,” Sobosik said, “ICE has better things to do, bigger fish to fry, than to come after an injured worker because their boss has reported them.”

But that’s exactly what Sobosik believes happened to Flores.

Fears Bosses Could Retaliate Against Some Immigrant Workers

Sobosik says she could not have expected what would take place when Flores’ boss offered some cash to help the family and arranged a meeting.

“The employer told this worker where to be, at exactly what time, and immigration was waiting,” Sobosik explained.

Lawyers for Flores say it’s still unclear whether the employer — who, it turns out, had no workers’ comp coverage on the day of Flores’ accident — arranged the arrest that day.

The company, Tara Construction, has declined to comment.

“… Now we have this added fear that, could an employer … use someone’s immigration situation against them?”

Christina Corbaci, an immigration lawyer

Because Flores has orders to be deported back to Honduras, ICE agents had the authority to take him into custody. But the concern for Flores’ immigration attorney, Christina Corbaci, is that this could signal another new enforcement approach by ICE under President Trump.

“Before, I wouldn’t have really had a concern telling someone, ‘Yes, you should go ahead to report something like this and assert your rights,’ ” Corbaci said. “But now we have this added fear that, could an employer in this kind of case just, you know, use someone’s immigration situation against them?”

In an emailed statement, an ICE spokesman said he wouldn’t comment on specific work methods for security reasons. He did say, however, that ICE receives investigative leads and tips from a variety of sources, and through many means and methods.

Flores remains in custody at the Suffolk County House of Corrections. As for the workers’ comp claim, Sobosik, the attorney, says the case is active.

“He’s clearly going to be disabled for quite awhile into the future, his doctors have said at least six months,” she said. “If he stays in the States that long, he should still be eligible, but what happens if he’s deported? That’s a big question mark. We don’t know.”

And his partner doesn’t know what to expect either.

Sitting at the kitchen table with her 2-year-old son playing in the background, Benitez says despite the hardships, she has no regrets about coming to the U.S.

That’s because, she said in Spanish, “This is a country of opportunity … where the voice of one person can be heard.”

The Metrowest Worker Center is an advocate for Jose Fores and for many hundreds of undocumented workers in the Boston area who are routinely cheated of their wages, subjected to dangerous working conditions, and threatened by the criminally negligent employers and sub-contractors who hire them.  With limited resources, this Worker Center, like unions and worker centers around the globe, do what they humanly can. It is raising funds to support Jose Flores, Rosa Benitez and their children at

http://www.mwc-casa.org/home-and-news/injured-worker-detained-by-ice-in-retaliation

UPDATE   5/23 from Diego Low of the Metrowest Worker Center:

The injured worker detained by ICE at the instigation of his employer, Tara Construction, is back with his family.    He was released around noon today under a temporary stay of deportation while investigations proceed regarding his employers retaliation for reporting the injury and pursuing workers comp.  We will continue to pursue sanctions against the employer and to stabilize the status of the worker and his family.  The worker is likely to need at least six months to heal from the workplace injury.   We hope to get the crowd funding site updated so as to raise funds for the substantial legal fees the family is facing.

38,000 ATT Workers Strike

ATT_Strike_Smaller_DSA-StandsWithWorkersUpdate: The Strike is over for now.

CWA union members have been working closely with DSA on organizing efforts across the country. 38,000 CWA folks at AT&T have been working without a contract. This has gone on far too long. Now AT&T workers in 36 states and Washington, DC are on strike.

 

DSA’s national Steering Committee endorses this strike. DSA local groups and individual members are joining striking workers at picket lines across the country. Click here to RSVP for Friday, Saturday, or Sunday. Downloadable DSA solidarity signs are available here and here.

Members who can’t join a picket line are encouraged to email AT&T CEO Randall Stephenson and tell him to settle now.

UPDATE: DirecTV employees are joining the potential strike as well. Now 40,000 workers are ready to stand up for their livelihoods — and their dignity. Continue reading