Laborers union organizers Guanoquiza,
far right, and Johnson with others
at rally
photo: Cary Conover
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The American labor movement appears headed for a
bitter brawl this summer when the annual
convention of the AFL-CIO convenes in Chicago in
late July. The sharpest debate will be over a
demand advanced by several of the nation's
biggest unions that labor rededicate its
resources to a massive organizing blitz aimed at
big non-union shops like Wal-Mart. It's a demand
that carries echoes of the feisty organizing
drives of the old CIO in the 1930s, when a
revitalized union movement fought to extend
bargaining rights to unskilled industrial
workers. These days, the workers left out in the
cold are more likely to be low-wage clerks at
big box stores like Wal-Mart, or undocumented
immigrants who are increasingly being handed the
nation's toughest chores.
But while fierce debate wages within organized labor over
how to proceed, some of the unions espousing the grow-or-die
strategy are putting their money and energies where their
mouths are. One of them is the Laborers International Union
of North America, the 800,000-member construction workers
organization that is trying to fight its way back from years
of corrupt domination by leaders who were cozier with the
mob than with their own members.
Last week, the Laborers collected 50 organizers from
around the country and turned them loose in the streets of
New York to spotlight non-union jobs, while at the same time
providing hands-on training for new recruits. Organizers
came from Seattle, Cleveland, Miami, and Los Angeles. Part
of the strategy, explained David Johnson, director of the
union's Eastern Region Organizing Fund, is to utilize
rank-and-file members who show on-the-job spunk and smarts,
giving them technical training through Cornell University's
labor studies program while at the same time providing a
trial by fire, sending them into non-union workplaces.
In an exercise that illustrated what unions are up
against, as well as the exploitation faced by some workers,
the Laborers targeted one chronic headache, a major
interior-demolition company called Advanced Contracting. The
Manhattan-based firm has long resisted unionization, while
handling work at many of the city's biggest and swankiest
office buildings.
The union adopted a two-pronged strategy: It put
picketers on the street outside the giant 2 Penn Plaza on
West 34th Street, where Advanced is carrying out office
demolition on several floors, and secretly dispatched two
organizers to work for Advanced to check out conditions and
employee sentiments.
The union "salts" were Otto Montenegro, 34, and Luis
Guanoquiza, 33, members of Laborers Local 79 for the past
five years. Virtually all of the workers for Advanced are
Latino, the union said, and it was hoped that Montenegro and
Guanoquiza, both from Ecuador, could easily blend in.
They had no problem and, within minutes, had
decoded a key secret: Most workers aren't employed
by the company itself, they reported, but are hired
from temporary labor agencies and treated as
independent contractors. A supervisor for the
demolition firm told them that in order to be hired,
the workers needed to first go to a small temp
agency in Forest Hills where they could fill out the
necessary paperwork. At the R. Friends Cleaners &
Services Corporation on Austin Street, the
undercover organizers were asked few questions. They
were told they should buy themselves work boots and
show up at 2 Penn Plaza at 6 p.m. The pay was $7.50
an hour. "Don't worry, easy job, very easy," a clerk
at the agency told them.
It wasn't. The work involved pulling down ceilings and
walls and ripping out bathrooms. It was hot, dusty, and
dark. "There were no lights," said Montenegro. No hard hats
were provided, and workers were given only flimsy paper
masks and thin gloves. If you get cut, they were warned,
bandage it up or go home. Some areas, the men said, were
laced with toxic asbestos, which is supposed to be handled
only by licensed workers. No water was provided, they said,
or time allowed for breaks.
The pace was relentless. One foreman was "a
watcher," who made sure no one slacked off, said Guanoquiza. The other was
"a pusher" who drove the men to keep working.
The two organizers kept at it over the next three
nights, working 11-hour shifts until 4:30 a.m., when
they went home exhausted. No overtime pay was
offered or provided.
Since the union's incursion into Advanced was as much for
its educational benefits as for its organizing
possibilities, an executive decision was made after the
third day that the job was simply too dangerous to the
organizers' health. Otto and Luis were told to approach
their fellow workers, offering them union cards to sign. "We
figured the other workers would be sympathetic, but too
scared to sign up, and that once the foremen saw what was
going on, they would just fire our guys," said Johnson.
But when the organizers passed out cards and explained
the benefits of a union contract, 17 of the 18 other workers
immediately began filling them out. The foremen, however,
behaved as predicted. "You causing problems on my job?" said
one supervisor, who immediately ordered them to go home.
When they asked if he was firing them, the foreman hedged,
presumably aware that to fire workers directly engaged in
union organizing can be an expensive violation of labor laws
if prosecuted. Instead, he called security guards to evict
them.
But this too didn't work out as planned. The other
workers announced that if Otto and Luis were being booted,
they would go as well. About 15 workers took the elevator
downstairs where they were met by Johnson and a backup
contingent of Laborers members. After a sidewalk strategy
session, Johnson and another veteran organizer, Jerry Ball,
who heads the union's organizing efforts in Seattle, called
one of the foremen to say that the men had walked out in an
unfair-labor protest, and were making an unconditional offer
to return to work. This too was a tactic, designed to
protect the workers' rights if the complaint reached a labor
board hearing. The flummoxed foreman wasn't sure what to do.
"You'll have to speak to the top boss," he told them.
The day after the protest, the Laborers invited all of
the workers who had walked off the job to meet at the nearby
offices of Local 79 on Eighth Avenue. Of the seven men who
showed up there the next morning, all but one said they had
arrived in the country illegally within recent years,
leaving homes in Honduras, Colombia, Ecuador, and Mexico.
Robert Fuchs, an immigration attorney working with the
union, took general histories from each of the men, and
explained their options under the law.
All of the workers said they had been dispatched to
Advanced by the temp agency, R. Friends, which was listed on
their paychecks. No taxes were deducted from the checks and
no pay stubs provided. The men said they were told upfront
at the temp agency that all hours worked would be paid at
the same rate. In what the union said was an apparent dodge
of overtime laws, the men received a separate check from
another temp agency with the same address as R. Friends
covering any hours worked beyond the 40-hour federal limit.
Last week, a woman answering the phone at R. Friends
confirmed that Advanced uses workers from the agency but
said she couldn't provide any information. Eugene
Skowronski, the listed owner of Advanced, did not return
calls. Also ducking questions was Vornado Realty, the
powerful corporate owner of 2 Penn Plaza as well as many of
the city's biggest office buildings. The firm is currently
bidding, as part of a partnership with Related Companies, to
handle the $600 million transformation of the Farley Post
Office into a new midtown train station.
Johnson, the Laborers' organizing director, said there
was little surprising about the problems discovered at
Advanced: "Abuses of immigrant workers today are like the
abuses of unskilled workers in the 1930s that organized
labor fought to address. This is the next battlefront."