Farmworker Overtime Gains in California

farm workers
The California Assembly was flooded with farm workers demanding over time pay on Monday, Aug. 29.
The California Assembly on Monday sent Gov. Jerry Brown a hard-fought and historic expansion of overtime rules for farmworkers, but it remains uncertain whether the Democratic governor will sign off on the measure.
“A nearly identical bill fell three votes short of passage on the Assembly floor in May, with 15 Democrats voting against the measure or declining to vote. But on Monday, an amended version of the measure, now contained in Assembly Bill 1066, passed on a 44-32 vote.”

“Agricultural workers already receive some overtime pay under California law thanks to a 2002 state directive that entitles them to extra wages if they work more than 10 hours in a day or more than 60 hours in a week. AB 1066 would expand that to bring it more in line with other industries, offering time-and-a-half pay for working more than eight hours in a day or 40 in a week and double pay for working more than 12 hours a day. The pay boosts would kick in incrementally over four years, and the governor could suspend them for a year if the economy falters.”
Business groups quickly condemned the vote. “We are deeply concerned with the passage of AB 1066 today and the devastating impacts this bill will have on our small, independent farmers and the workers they employ,” said Tom Scott, state executive director of the National Federation of Independent Business.
Ahead of Monday’s vote, Assembly members heard from both farmworkers who forfeited a day’s pay to visit offices and press for the bill and from farm industry representatives, including minority farm owners, who warned lawmakers the measure would devastate small-scale growers and diminish work for laborers.
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Trump’s Wall is (Almost) Already Completed

Todd Miller
August 23, 2016 TomDispatch

Although wall construction began during Bill Clinton’s administration, the Department of Homeland Security (DHS) built most of the approximately 700 miles of fencing after the Secure Fence Act of 2006 was passed. The 2006 wall-building project was expected to be so environmentally destructive that homeland security chief Michael Chertoff waived 37 environmental and cultural laws in the name of national security.

Migrants walk toward the U.S.-Mexico border wall on the outskirts of Nogales, Mexico, Tuesday, April 1, 2008. U.S. officials say the Bush administration will bypass more than 30 laws and regulations in an effort to complete 670 miles (1,050 kilometers) of fence along the U.S. border with Mexico by the end of this year. (AP Photo/Guillermo Arias)

Migrants walk toward the U.S.-Mexico border wall on the outskirts of Nogales, Mexico, Tuesday, April 1, 2008. U.S. officials say the Bush administration will bypass more than 30 laws and regulations in an effort to complete 670 miles (1,050 kilometers) of fence along the U.S. border with Mexico by the end of this year. (AP Photo/Guillermo Arias)

Migrants walk toward the U.S.-Mexico border wall on the outskirts of Nogales, Mexico, Tuesday, April 1, 2008., ,

At the federal courthouse, Ignacio Sarabia asks the magistrate judge, Jacqueline Rateau, if he can explain why he crossed the international boundary between the two countries without authorization. He has already pleaded guilty to the federal misdemeanor commonly known as “illegal entry” and is about to receive a prison sentence. On either side of him are eight men in the same predicament, all still sunburned, all in the same ripped, soiled clothes they were wearing when arrested in the Arizona desert by agents of the U.S. Border Patrol.

Once again, the zero tolerance border enforcement program known as Operation Streamline has unfolded just as it always does here in Tucson, Arizona. Close to 60 people have already approached the judge in groups of seven or eight, their heads bowed submissively, their bodies weighed down by shackles and chains around wrists, waists, and ankles. The judge has handed out the requisite prison sentences in quick succession — 180 days, 60 days, 90 days, 30 days.

On and on it goes, day-in, day-out. Like so many meals served in fast-food restaurants, 750,000 prison sentences of this sort have been handed down since Operation Streamline was launched in 2005. This mass prosecution of undocumented border crossers has become so much the norm that one report concluded it is now a “driving force in mass incarceration” in the United States. Yet it is but a single program among many overseen by the massive U.S. border enforcement and incarceration regime that has developed during the last two decades, particularly in the post-9/11 era. Continue reading

20 Years of Cross Border Solidarity

A History in Photographs
By David Bacon
NACLA Report on the Americas, May 2016
http://www.tandfonline.com/doi/full/10.1080/10714839.2016.1170301

TIJUANA BAJA CALIFORNIA NORTE, MEXICO - 1993 - Workers vote in a union election outside the Tijuana maquiladora of Plasticos Bajacal.  Voting is public, and workers have to declare aloud whether they're voting for the company union or their own independent union.  Sr. Mandujano, head of the labor board in Tijuana and an ally of the companies and the company unions, points to a worker and demands that he say which union he's voting for.  Company  and company union officials look on, along with Carmen Valadez, representative of the independent union.  The election was called off halfway through.

TIJUANA BAJA CALIFORNIA NORTE, MEXICO – 1993 – Workers vote in a union election outside the Tijuana maquiladora of Plasticos Bajacal. Voting is public, and workers have to declare aloud whether they’re voting for the company union or their own independent union. Sr. Mandujano, head of the labor board in Tijuana and an ally of the companies and the company unions, points to a worker and demands that he say which union he’s voting for. Company and company union officials look on, along with Carmen Valadez, representative of the independent union. The election was called off halfway through.

Unions and social movements face a basic question on both sides of the Mexico/U.S. border – can they win the battles they face today, especially political ones, without joining their efforts together? Fortunately, this is not an abstract question. Struggles have taken place in maquiladoras for two decades all along the border. Many centers and collectives of workers have come together over those years. Walkouts over unpaid wages, or indemnización, as well as terrible working conditions are still common.

What’s more, local activists still find ways to support these actions through groups like the Collective Ollin Calli in Tijuana and its network of allies across the border in Tijuana, the San Diego Maquiladora Workers Solidarity Network. Other forms of solidarity have been developed through groups the Comité Fronterizo de Obreras and the Coalition for Justice in the Maquiladoras. And long-term relations have been created between unions like the United Electrical Workers and the Authentic Labor Front, and the United Steel Workers and the Mexican Mineros. More recently, binational support networks have formed for farm workers in Baja California, and workers are actively forming new networks of resistance and solidarity in the plantons outside factories in Ciudad Juárez.

Over the years, support from many U.S. unions and churches, and from unions and labor institutions in Mexico City, has often been critical in helping these collectives survive, especially during the pitched battles to win legal status for independent unions. At other moments, however, the worker groups in the maquiladoras and the cities of the border have had to survive on their own, or with extremely limited resources.

These photographs show both the conditions people on the border are trying to change, and some of the efforts they’ve made to change them, in cooperation with groups in the U.S. There have been many such efforts – this is just a look at some.

TIJUANA BAJA CALIFORNIA NORTE, MEXICO - 1995 - Women workrers from the National O-Ring maquiladora demonstrate for women's rights during the May Day parade in Tijuana.  Their factory was closed, and the women laid off and blacklisted, after they filed charges of sexual harassment against their employer in courts in Tijuana and Los Angeles.Copyright David Bacon

TIJUANA BAJA CALIFORNIA NORTE, MEXICO – 1995 – Women workrers from the National O-Ring maquiladora demonstrate for women’s rights during the May Day parade in Tijuana. Their factory was closed, and the women laid off and blacklisted, after they filed charges of sexual harassment against their employer in courts in Tijuana and Los Angeles.Copyright David Bacon

TIJUANA BAJA CALIFORNIA NORTE, MEXICO – 1995 – Women workers from the National O-Ring maquiladora demonstrate for women’s rights during the May Day parade in Tijuana. Their factory was closed, and the women were laid off and blacklisted, after they filed charges of sexual harassment against their employer. The plant manager had organized a “beauty contest” at a company picnic, and ordered women workers to parade in bikinis. Supported by the San Diego Support Committee for Maquiladora Workers, women filed suit in a U.S. Federal court, which surprisingly accepted jurisdiction. The company then gave women severance pay for the loss of their jobs.
See the entire essay and the impressive photos. http://davidbaconrealitycheck.blogspot.com/2016/05/twenty-years-of-cross-border-solidarity.html

Labor Movement’s May Day Promise

LOS ANGELES, CA - 1MAY06 -  Copyright David Bacon

LOS ANGELES, CA – 1MAY06 –
Copyright David Bacon

Erica Smiley May 1, 2016
The American Prospect

Some cast the labor movement as dying or even dead, but even amid attacks on collective bargaining workers are finding innovative ways to organize.

General view of the great crowds of organized and unorganized workers who took part in the May Day demonstration in Union Square, New York, May 1, 1929. , AP,

On May 1, 1886, hundreds of thousands of railroad, mine, and factory workers in the United States put their livelihoods on the line and participated in a national strike to demand an eight-hour workday. They were attacked by strikebreakers and police, but their uprising led to the creation of a holiday to honor workers—May Day—now known as International Workers Memorial Day in many countries around the world. Continue reading

Historic Minimum Wage Hike in California

raisewagecityhallSteven Mikalan
(updated) March 31.
California is on track to become the first state to officially raise its minimum wage to $15 an hour. On March 31, California’s official celebration of labor leader Cesar Chavez, Democratic legislators agreed to raise the wage from its current $10 hourly mark to $10.50 beginning January 1, 2017, followed by continuous upticks that will result in the wage leveling off at $15 an hour by 2022. (Businesses employing fewer than 26 workers would get an extra year to institute the increases.) Governor Jerry Grown has said he will sign the bill  on Monday.
After that the minimum can rise – but not fall – according to inflation. The agreement includes a provision giving workers three days of paid sick leave annually; it also permits California governors to freeze the wage in times of extreme economic downturn.
The movement toward a $15 wage has not followed a straight line, with individual city electorates or governments passing ordinances raising local wages higher than the state minimum (which cities will still be allowed to do under the proposed law), but making little headway outside of California’s liberal coastal belt. The issue has recently been complicated by the emergence of two competing union-sponsored measures that have sought placement on this November’s state ballot.
At a media teleconference held Monday afternoon, labor leaders and others hailed the coming pay hike.
“No one who works hard should live in poverty,” said the event’s moderator, Laphonza Butler, who serves as both president of the Service Employees International Union’s state council and as co-chair of the Los Angeles Fight for $15 committee. And, in a sign that labor is not taking its apparent victory for granted, she added that until the legislation passes, unions would not cease their efforts to put the matter of raising the wage before voters. Continue reading

Labor Leader Cesar Chavez

Cesar Chavez Today, March 31 is Cesar Chavez’ birthday. On this day throughout the nation there are many observances honoring Cesar’s work. We are grateful for all these recognitions, which continue to grow 23 years after Cesar’s passing in 1993. But Cesar said that if the union he helped build didn’t survive his death, then his life’s work would have been in vain. The UFW takes this responsibility seriously and carries on Cesar’s work of making the lives of farm workers better by aggressively helping farm workers organize, negotiate union contracts and win new legal protections.

A big focus of the UFW right now is helping farm workers get the same overtime pay as almost every other worker. Workers plan to commemorate Cesar Chavez month (the time between Cesar’s March 31 birthday and April 23 passing) by marching for fair overtime pay in support of the bill we told you about, AB 2757 “The Phase-In Overtime for Agricultural Workers Act of 2016.” The bill would phase in paying California’s farm workers overtime if they work more than eight hours a day or 40 hours a week by the year 2020.

Starting this Sunday, April 3, more than 10,000 farm workers up and down the west coast will take to the streets and march in 5 key agricultural areas. To do this is very expensive, but it’s time for worker’s voices to be heard. As Cesar told us, “I’m not going to ask for anything unless the workers want it. If they want it, they’ll ask for it.” Well, the workers are asking now. Will you help? Continue reading

The End of China’s Labor Regime?

by Kevin Lin

Workers at the First Affiliated Hospital of Guangzhou University of Chinese Medicine on a 2013 strike for higher pay.

Ed. note:  The New York Times Business Day section (10 March 2016) included a feature article entitled “Not the Chinese Dream” by Owen Guo, that highlighted the inability or unwillingness of China’s 257 million [internal] migrant workers to occupy the thousands of vacant urban apartments that are weighing down the Chinese economy.  Kevin Lin’s article poses the structural causes that underlie this socio-economic crisis.

A key ingredient of China’s Post-Mao economic “miracle” is a labour regime entrenched in the export-oriented consumer manufacturing sector and premised on despotic exploitation, institutional discrimination and political exclusion of labour. It is built on the back of massive rural-to-urban migration in the context of a stagnant agricultural sector and rising disparity in rural-urban incomes from the 1990s. The rural migrants are not only placed under exploitative labour relations under the Party-state’s market liberalisation, but also institutionally discriminated against by the urban household registration system that denies them of permanent urban residency and entrenches the transient nature of their labour migration, and politically excludes  them from organising autonomous labour unions and asserting as an organised social force. This combination, by no means unique in the history of capitalist development, produces an abundant and seemingly endless supply of not only cheap and disposable but disciplined, fragmented and atomised labour. However, having help propel China into a global economic power, the reproduction of this labour regime is becoming increasingly unsustainable.

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