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'The struggle has no borders': immigrant workers battle union busting tactics 'The struggle has no borders': immigrant workers battle union busting tactics
(6 months later)
Firing low-wage workers in New York, a city fuelled by immigrant labor, may once have been a risk-free undertaking by employers. But a recent impassioned rally outside Bröd Kitchen’s West 4th Street location, protesting the chain’s abrupt decision to close two stores and to fire all the workers in the midst of union contract negotiations, suggests this may no longer be the case.Firing low-wage workers in New York, a city fuelled by immigrant labor, may once have been a risk-free undertaking by employers. But a recent impassioned rally outside Bröd Kitchen’s West 4th Street location, protesting the chain’s abrupt decision to close two stores and to fire all the workers in the midst of union contract negotiations, suggests this may no longer be the case.
Penned into narrow barricades and surrounded by police, around 300 immigrant workers and their activist supporters put the city on notice that their battle to gain respect in the workplace is just beginning.Penned into narrow barricades and surrounded by police, around 300 immigrant workers and their activist supporters put the city on notice that their battle to gain respect in the workplace is just beginning.
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One worker, fresh from a 14-hour shift, his construction helmet tied around his neck, pumped his fist in the air and called for a worker’s revolution. Throughout the rally, the workers chanted slogans like “la lucha obrera no tiene frontera” (“the workers’ struggle has no borders”) and “union busting is disgusting”, while pledging their unanimous support for their fired co-workers.One worker, fresh from a 14-hour shift, his construction helmet tied around his neck, pumped his fist in the air and called for a worker’s revolution. Throughout the rally, the workers chanted slogans like “la lucha obrera no tiene frontera” (“the workers’ struggle has no borders”) and “union busting is disgusting”, while pledging their unanimous support for their fired co-workers.
For the past 10 to 15 years, immigrant workers, frustrated by stalled immigration reform, have been credited with energizing a dying labor movement. From Mexicans working in greengrocers to West African deliverymen to South Asian limo drivers, immigrants have chalked up a series of organizing victories.For the past 10 to 15 years, immigrant workers, frustrated by stalled immigration reform, have been credited with energizing a dying labor movement. From Mexicans working in greengrocers to West African deliverymen to South Asian limo drivers, immigrants have chalked up a series of organizing victories.
But the David v Goliath struggle mounted by 23 foreign-born workers against Bröd Kitchen (formerly Hot & Crusty Bakery), a corporate restaurant chain backed by multimillionaire investors which was documented in an award-winning film The Hand That Feeds, has struck a chord with the city’s most vulnerable working population. Labor organizers familiar with the campaign say the mass firing of these workers may have set the stage for a major labor showdown.But the David v Goliath struggle mounted by 23 foreign-born workers against Bröd Kitchen (formerly Hot & Crusty Bakery), a corporate restaurant chain backed by multimillionaire investors which was documented in an award-winning film The Hand That Feeds, has struck a chord with the city’s most vulnerable working population. Labor organizers familiar with the campaign say the mass firing of these workers may have set the stage for a major labor showdown.
The saga dates back to 2012, when the workers at the original 63rd Street location organized and ultimately formed a union called the Hot and Crusty Workers Association (HCWA). When the bakery owners responded to the union vote by closing the store, the HCWA maintained a picket line for 55 straight days until the owners agreed to reopen.The saga dates back to 2012, when the workers at the original 63rd Street location organized and ultimately formed a union called the Hot and Crusty Workers Association (HCWA). When the bakery owners responded to the union vote by closing the store, the HCWA maintained a picket line for 55 straight days until the owners agreed to reopen.
Now, just over three years later, history is repeating itself. With the union contract up for renewal, the store, under the new name of Bröd Kitchen, has once again closed the door on its workers.“I think the owners miscalculated,” said Cara Leon, director of communications at the New York City Central Labor Council, which has pledged its support to the HCWA for “as long as it takes”. “After all the bad publicity they got,” she said, “I think they thought they could just change the store’s name and image and people will forget what happened.”Now, just over three years later, history is repeating itself. With the union contract up for renewal, the store, under the new name of Bröd Kitchen, has once again closed the door on its workers.“I think the owners miscalculated,” said Cara Leon, director of communications at the New York City Central Labor Council, which has pledged its support to the HCWA for “as long as it takes”. “After all the bad publicity they got,” she said, “I think they thought they could just change the store’s name and image and people will forget what happened.”
The 2012 HCWA victory has inspired other workers in seemingly hopeless situations to organize, most notably the hundreds of immigrant warehouse workers at B&H Photo who voted to join the United Steelworkers union last fall. But as the recent mass firing of the HCWA members has demonstrated, labor victories are as hard to win as they are to sustain.The 2012 HCWA victory has inspired other workers in seemingly hopeless situations to organize, most notably the hundreds of immigrant warehouse workers at B&H Photo who voted to join the United Steelworkers union last fall. But as the recent mass firing of the HCWA members has demonstrated, labor victories are as hard to win as they are to sustain.
Just days ago, in-store workers at B&H voted 46-14 to unionize. But organizers claim that seven non-unionized maintenance workers were fired in retaliation. (In response to these allegations, a B&H spokesperson, Henry Posner, stated: “B&H Photo has not, does not, and will not engage in any retaliatory measures at any time.”)According to a 2011 study, union busting tactics are increasingly common and employers are more emboldened than ever to stop workers organizing. In Bröd Kitchen’s case, the HCWA president, Mahoma Lopez, alleges that his employers violated several labor laws during the contract negotiation process, including misleading the workers and threatening to close the store.Just days ago, in-store workers at B&H voted 46-14 to unionize. But organizers claim that seven non-unionized maintenance workers were fired in retaliation. (In response to these allegations, a B&H spokesperson, Henry Posner, stated: “B&H Photo has not, does not, and will not engage in any retaliatory measures at any time.”)According to a 2011 study, union busting tactics are increasingly common and employers are more emboldened than ever to stop workers organizing. In Bröd Kitchen’s case, the HCWA president, Mahoma Lopez, alleges that his employers violated several labor laws during the contract negotiation process, including misleading the workers and threatening to close the store.
A notice plastered all over the windows of the non-unionized West 4th street location – signed by the employees at that location and allegedly written by them – claims the “unscrupulous” unionized workers are threatening their jobs. Lopez pointed out, however, that the most prominent signature on the notice is that of Monette de Botton, the store’s alleged co-owner.A notice plastered all over the windows of the non-unionized West 4th street location – signed by the employees at that location and allegedly written by them – claims the “unscrupulous” unionized workers are threatening their jobs. Lopez pointed out, however, that the most prominent signature on the notice is that of Monette de Botton, the store’s alleged co-owner.
Obscuring ownership to avoid responsibility is another tactic frequently used by employers in union busting campaigns, labor activists say.Obscuring ownership to avoid responsibility is another tactic frequently used by employers in union busting campaigns, labor activists say.
Since the chain allegedly changed ownership in 2014 and was rebranded as Bröd Kitchen, De Botton and celebrity chef Hugo Uys are frequently cited as co-owners. The HWCA strongly believes, however, that the chain has been under the ownership of the same rotating group of South African investors – currently Diamond Direct Foods – since the Hot and Crusty saga began. HWCA’s lawyer Benjamin Dictor has also stated that Diamond’s CEO, Johann De Villiers, was the lead bargaining representative of the company until as recently as November 2015.Since the chain allegedly changed ownership in 2014 and was rebranded as Bröd Kitchen, De Botton and celebrity chef Hugo Uys are frequently cited as co-owners. The HWCA strongly believes, however, that the chain has been under the ownership of the same rotating group of South African investors – currently Diamond Direct Foods – since the Hot and Crusty saga began. HWCA’s lawyer Benjamin Dictor has also stated that Diamond’s CEO, Johann De Villiers, was the lead bargaining representative of the company until as recently as November 2015.
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“This obfuscation is deliberate,” said Sándor John, an adjunct at Hunter College who has been closely involved with the HCWA campaign. “It allows the employers to carry out a virulent anti-labor campaign without having their name smudged by being directly associated with it.”“This obfuscation is deliberate,” said Sándor John, an adjunct at Hunter College who has been closely involved with the HCWA campaign. “It allows the employers to carry out a virulent anti-labor campaign without having their name smudged by being directly associated with it.”
Neither Uys nor de Botton responded to requests for comment.The HCWA has filed a case with the National Labor Relations Board. In the meantime, despite having nothing to live on, the workers say they are undaunted by the prospect of yet another drawn out fight.Neither Uys nor de Botton responded to requests for comment.The HCWA has filed a case with the National Labor Relations Board. In the meantime, despite having nothing to live on, the workers say they are undaunted by the prospect of yet another drawn out fight.
“We [immigrants] pass through a lot of things to come to this country,” Lopez said, looking weary but fired up after the intense and emotional rally. “We’ve been tested every way and we know our strength.”“We [immigrants] pass through a lot of things to come to this country,” Lopez said, looking weary but fired up after the intense and emotional rally. “We’ve been tested every way and we know our strength.”