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9 Handyfat Workers Win Reinstatement by Stephanie Basile Bosses Might Want to Think Twice the and Convolute the Process, in the End, Mum Wage in Late 2005

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9 Handyfat Workers Win Reinstatement by Stephanie Basile Bosses Might Want to Think Twice the and Convolute the Process, in the End, Mum Wage in Late 2005 Starbucks on trial for General Assembly 2007 Organizing NYC food India free trade zones targetting union shows growth industry: 2 years later cause unrest 3 6-7 9 11 INDUSTRIAL WORKER OFFICIAL NEWSPAPER O F T H E I N D U S T R I A L W O R K E R S O F T H E W O RLD October 2007 #1700 Vol. 104 No. 10 $1 / £1 / €1 9 Handyfat workers win reinstatement By Stephanie Basile Bosses might want to think twice the and convolute the process, in the end, mum wage in late 2005. In December of “I was impressed with their de- next time they fire workers who are in Handyfat couldn’t escape the illegality of that year, the nine workers filed charges meanor,” said Judge Edelman wrote of the IWW. In a recent legal victory, Judge their actions. with the Department of Labor in order the workers in his decision. They “were Howard Edelman ruled in favor of IWW to obtain back entirely credible” and that “Ho was an workers in their case against Handyfat pay for the many untruthful witness.” Trading Co. It is clear that Ho was trying to estab- years they’d been At the trial, Ho claimed that he made The ruling orders the reinstatement lish that Handyfat and HDF Trading working for under the I-9 request because he had suddenly of nine workers: Pedro Hidalgo, Fer- minimum wage. realized that the workers were undocu- nando Montes, Pablo Montes, Guillermo were separate companies ... to avoid A week after mented and he didn’t want to get in Rodriguez, Isreal Rodriguez, Leo Rodri- liability for the unfair labor practices at being served with trouble with the law. His lies were easily guez, David Vaquero, Jose Vaquero, and the back wage exposed in the courtroom when it was Leandro Vaquero. Handyfat. —Judge Howard Edelman papers, Dennis revealed that for the years prior to 2005 Trial proceedings began in May, Ho requested I-9 he had knowingly paid his employees with the National Labor Relations Board papers from those off the books because he knew they were charging that Handyfat owner Dennis same nine employ- undocumented. Ho illegally fired nine employees for The nine Handyfat employees all ees. He then fired them on the basis that Both Ho and Cheung testified that engaging in concerted activity. joined the IWW in 2005 and were the they couldn’t produce the papers. Under they were not supervisors of Handyfat, Handyfat, meanwhile, made one first warehouse workers to join the NYC federal law, employees can only ask for yet when questioned, both admitted that absurd claim after the next, claiming IWW’s Food and Allied Workers’ Union. papers within 72 hours of hiring employ- they had the power to hire and fire. that Handyfat no longer exists, that Before joining the IWW, workers at ees. The defense lawyer then argued that the IWW isn’t a real union, and that Handyfat had made well below mini- Handyfat no longer existed because it the workers were fired because of their mum wage. Some had worked there for The Trial went out of business in January 2007. immigration status. Handyfat’s lawyer, as many as 11 years, working long hours While Ho, along with Handyfat Ho and Cheung claimed that they started Anthony Emengo, regularly asked irrel- and earning only a few hundred dollars supervisor Calvin Cheung, rattled off one a new business called HDF Trading that evant questions, interrupted the judge, per week. lie after another, the workers and union is completely different from Handyfat. and even answered his cell phone during After putting pressure on Handyfat, representatives remained calm and col- However, under further questioning they the trial. Despite this attempt to confuse the workers finally began making mini- lected on the witness stand. Continued on 4 Crichton campus in Scotland saved LabourStart threatened with libel By IW with files from Nick Durie, Central LabourStart founder Eric care workers in its employ. When Scotland Organizer Lee predicted the bosses would LabourStart refused to back down, The IWW and its allies won its eight This campaign shows that a small counterattack online in his August Fremont contacted LabourStart’s month campaign to prevent the closure radical union can have a big catalysing Online Picket Line column in the internet service provider 1&1 and of Crichton campus of the University of effect, and that that effect is most felt Industrial Worker. threatened them with a libel suit unless Glasgow. The Dumfries-based campus when it is used with other organisations “Companies are not necessarily it shut down LabourStart's campaign announced it would no longer ac- to bring together industrial and commu- stupid. They may well be aware of against them. The workers, who on cept new admissions in February and nity based organisational capacity, which what we are doing and look for ways— April 1, 2007, were told they would planned to close its arts and humanities would otherwise have been fractured,” including legal action and threats made face cuts of 30 per cent to their pay and program. said Nick Durie, an IWW organizer. to internet service providers—to slow reduced benefits, too, and were then The Scottish National Party (SNP), IWW dual carders who also belonged down and even stop our use of these given an ultimatum to “”accept these recently elected in May, followed to the University and College Union powerful new technologies,” he said. terms or be sacked.” Defiant, these through on its campaign promise to save (UCU) played a key role by agitating Just one month later, a care home members of one of the largest British the campus with £1.5 million in funding significantly and persistently to put the operator in north London, United union’s UNISON, voted to strike. that included funds for infrastructure. Save Crichton campaign on the agenda Kingdom, the Fremantle Trust, The online campaign is part of Since the election, the IWW and its of the national union. The UCU then threatened LabourStart with a libel allies had put the SNP under pressure took the campaign to the national level action over a campaign to defend 140 Continued on 4 to deliver on its promise and guarantee and made it into an election issue. access to education. There is little doubt Durie said that by working simulta- Chicago Couriers Union member killed that without the visible and vocal Save neously within and without the main- Crichton campaign, these decision-mak- stream trade unions, real industrial Fellow Worker and Chicago Couriers ers would not have known the campus organization was brought to bear. Had Union member Ryan Boudreau was hit was worth saving. As one commentator the campaign taken a more ideologically head-on by a truck on August 13, 2007, said, Dumfries and southern Scotland is oppositional stance to our relationship dying instantly. He was working for the country’s “forgotten region.” Dynamex. Continued on 4 The union held a memorial ride on August 17. Over 100 bike messengers, Industrial Worker family, and friends attended the ritual. A Periodicals Postage PO Box 13476 Ghost Bike was chained to a pole at the PAID scene of Ryan’s death. A shrine was set Philadelphia, PA 19101 Philadelphia, PA up with pictures, flowers, and candles. It ISSN 0019-8870 and additional was a powerfully emotional event. mailing offices Ryan was well-loved by the mes- ADDRESS CORRECTION REQUESTED senger community and was popular with those he worked with in Chicago’s Loop. Ryan is survived by his partner, Jameelah Frazier, and two children, his son Jaden Boudreau, 5, and daughter Chicago Courier Union member Ryah Boudreau, 3. Ryan Boudreau killed on the job. The Chicago Couriers Union has established the Ryan Boudreau Memo- Industrial Workers of the World- rial Fund. Donations in personal checks Ryan Boudreau Memorial Fund or money orders of any amount how- PO Box 18387 ever small (most of us don’t have much Chicago, IL 60618 money to spare) can be sent to the fol- Checks should be made out to Subscribers: The number (top line of label ) reflects the last issue due on your subscription. lowing address: “IWW-Ryan Boudreau Memorial Fund.” Page • Industrial Worker • October 2007 fall within that broad pale. Gould, rather rudely, derides Morel- lo as a “blatant Bolshevik” because Tom In November , We Remember Morello had a good time and saw some November 11, 1887, the state made martyrs of four of the Haymarket de- good in Cuba. Admiring the advances fendants. The same day, in 1919, Legion members attacked an IWW hall, com- in education and health care Cuba has mitting the Centralia massacre. November 5, 1916, was the Everett massacre in made under Castro, supporting the Washington state and 14 days later Utah executed Joe Hill. Cuban people and praising the beauty of We remember these and many more sacrifices for the rights we enjoy, defend Morello: Thanks that island and its people does not make and promote today and our common unfulfilled dream. The Industrial Worker one a “Bolshevik”. The late Pope John urges each branch to publish an advertisement in our pages to commemorate for the support Paul II and former US President Jimmy and celebrate their fallen Fellow Workers, local or international, known or Carter both said much the same about unknown, of our 102 years of struggle as a union. To publish an advertisement, email [email protected]. Please specify if you plan to submit a designed advertisement I disagree with Ron Gould’s tirade Cuba on their respective visits there.
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