Foodstuff Workers Industrial Union 460

All workers except agricultural and fishery workers, engaged in producing and processing food, beverages, and tobacco products.

Chinese Restaurant Chain Drops Supplier Over Massive Wage Theft - Workplace Justice Campaign Wins Potentially Decisive Victory

Contact - press (at) brandworkers.org

New York, NY- The Cottage chain of Chinese restaurants has discontinued all restaurant supply purchases from Pur Pac, a Queens-based distribution warehouse that, through  predecessor companies, engaged in massive wage theft and illegal retaliation against workers who stood up for their rights.  Though Pur Pac, through its previous incarnations as E-Z Supply and Sunrise Plus, was found liable in both federal court and the National Labor Relations Board for pervasive workers' rights violations, the workers have yet to see any of the compensation they are owed.  Cottage restaurants, by far one of Pur Pac's most significant customers, dropped the distribution company after a spirited worker-led advocacy effort calling on Cottage to avoid using suppliers that violate workers' human rights.

"This is heavy, difficult work and we worked hard every day doing it only to be cheated out of the wages we were owed," said Jorge Paez, a former delivery truck driver at the company and a member of Focus on the Food Chain, the workers' rights campaign organizing for justice at Pur Pac.  "I'm pleased that Cottage has chosen to stop using the rice, soy sauce, cooking oil and many other supplies it was purchasing from Pur Pac until the rights of my co-workers and I are respected."

Focus on the Food Chain challenges sweatshop conditions in a major industrial corridor of processing and distribution warehouses in Brooklyn and Queens that provide food and supplies to NYC restaurants and grocery stores.  Conditions at Pur Pac are typical of the sector where violations of basic workers' rights, exploitation of recent immigrants, and relentless retaliation against worker organizing are the norm.  Earlier this year, a Brooklyn tortilla factory in the heart of the corridor claimed the life of 22 year-old Juan Baten, a Guatemalan immigrant who was crushed to death on the job.  The Focus campaign is a joint effort of non-profit organization Brandworkers and the NYC Industrial Workers of the World labor union.

"Cottage was a large and long-time customer of Pur Pac and it's a testament to the workers' resolve that they were able to move these restaurants to stop using sweatshop-distributed products," said Daniel Gross, the director of Brandworkers.  "This is a big step forward towards winning accountability and respect for the rule of law at Pur Pac."

The Focus on the Food Chain campaign promotes a sustainable food system that incorporates respect for workers' human rights.  Brandworkers is a New York-based non-profit organization protecting and advancing the rights of retail and food employees. The Industrial Workers of the World is a dynamic and member-driven union committed to workplace democracy and global solidarity.

Joining a Growing Number of Leading Retailers, Morton Williams Drops Sonny & Joe's Hummus

Embattled Kosher Food Factory Faces Growing Retail Consensus on Workers' Rights Abuses

New York, NY- Morton Williams, a well-known chain of twelve supermarkets, has discontinued the sale of Sonny & Joe's hummus over concerns about workers' rights violations at Flaum Appetizing Corp., the Brooklyn-based producer and owner of the Sonny & Joe's brand.  Morton Williams joins a critical mass of prominent retailers including Fairway, Zabar's, and Food Emporium that have dropped Sonny & Joe's hummus after immigrant workers began speaking out against pervasive wage theft, abusive management, and denial of benefits at Flaum.  Workers are waging an energetic campaign with the Focus on the Food Chain initiative to bring Flaum Appetizing and its owner Moishe Grunhut into compliance with the rule of law and to recover illegally withheld compensation.  45 supermarket and grocery store locations have pulled Sonny & Joe's hummus off the shelves amid the heated dispute over Flaum's lack of respect for immigrant workers.

Update on the IWW’s Open Harvest Campaign

Monday, January 3rd, the Nebraska Industrial Workers of the World (IWW) sat in on the Open Harvest board of directors meeting. We were given an opportunity to speak toward the end of the meeting and present our list of demands, which are as follows:

1. The reinstatement of employment for Andrew Losh, who was unjustly terminated for failing to meet an unspecified production quota. This quota was continually raised as Andrew’s production increased. His firing was preceded by two write-ups which were contested and ignored by his direct management. These write-ups were unjustified and have been provided as examples of management abuse of employees.

2. Overhaul of the grievance procedure. The current grievance procedure mandates that employees approach the general manager with their grievance. The general manager then decides if the grievance has merit and if so submits it to the grievance committee, i.e. a subset of the board of directors. Not only is this policy extremely intimidating to employees, considering that their grievance may often be with management – which the general manager is a part of, but it essentially gives the general manager veto power over employee grievances. We have asked that a new grievance procedure be implemented, one in which an employee can present their grievance directly to the grievance committee, which should include at least one of their peers – a rank and file worker, elected to the committee by their peers (currently the grievance committee is only four executive board members).

3. Board positions be made available to employees. Currently Open Harvest restricts employees from being on the board of directors – this is not common to all cooperatives, in fact many now allow their employees to take part in this important aspect of running the store. By barring employees from running on the board, a rigid top down hierarchy is ensured, like you would find in any for-profit grocer. As a democratic union, we feel that workers should be allowed to take part in the democratic process of managing and maintaining the coop. Some board members expressed concerns that this may present a conflict of interest. The IWW rebutted this claim by pointing out that the board is comprised of members who have an interest in the store’s prices and at least one supplier is on the board – in these respects there is already a conflict of interest. The best way to manage the coop is to get input from a variety of perspectives: members, consumers, suppliers and workers.

4. A living wage for employees. Open Harvest starts its workers at minimum wage and many employees are kept near this level of pay indefinitely. We find it hypocritical for a store which espouses the ethic of fair trade to pay its workers poverty wages. We think those who work at Open Harvest should also be able to afford to shop there and pay their bills, afford adequate housing, etc. Eating healthy organic food should not be a privilege reserved for the wealthiest in our society. Open Harvest should not simply compare its pay to that of local for-profit businesses. The member owned coop must hold itself to a higher ethical standard.

5. More hours be made available to employees, especially those who want full time benefits. Open Harvest circumvents having to provide non-management employees with benefits by restricting their hours to below full-time (less than 36 hours a week). In contrast management receives a benefits package. We think a progressive coop should certainly be ahead of our nation as it slowly stumbles toward providing health care coverage for all.

A one week deadline was given in which we expect our first demand to be fulfilled and definitive progress to be made on the other four demands. If these demands are not met by January 10, 2011 at 12:00 PM we will escalate our campaign to the next step which may include pickets, boycotts or strikes and the filing of an unfair labor practice with the National Labor Relations Board.

Two of our demands were being addressed at the meeting before we even had a chance to speak. One being coop policy L2 which pertains to treatment of staff, included in L2 is the absurd grievance policy; the other being policy L3 which pertains to pay and benefits of staff.

Due to our efforts, the grievance policy was addressed and ruled by the board to not be in compliance with policy L2, which states that employees must receive a fair and thorough review. They agreed that it was indeed intimidating to require approaching the general manager about grievances.

Unfortunately the board ruled that employee compensation was compliant with their policy L3, as that policy dictates that Open Harvest’s employee pay should be comparable to other local area grocers, such as Trader Joe’s, Russ’s Market, Super Saver, etc. Obviously this neglects the fact that Open Harvest is fundamentally different from these for-profit businesses. As a member-owned coop, it does not operate solely to make profits and is also held to higher standard of ethics by its member owners and patrons. The board did state however, that it is planning to review L3 next month and there was some support for holding Open Harvest to a higher standard. We are hoping the pressure we have put on them will expedite this process and get the employees a livable wage as soon as possible.

Letter to all Open Harvest patrons, members and workers:

Some of you may have heard the hubbub about the recent firing of Industrial Workers of the World (IWW) member, Andrew Losh, from Open Harvest Cooperative Grocery. Losh was reportedly fired for not meeting an unspecified work quota that was continually raised as his production level did. He also reported several instances of worker mistreatment by the management. His firing and the subsequent campaign being waged by the IWW to have his job re-instated has highlighted some incongruencies in the practices and overall ethos of Open Harvest.

In their mission statement Open Harvest claims to stand for a number of progressive values: sustainable agriculture, equal opportunity employment, and support of local producers. Conspicuously absent from this litany of values is a dedication to providing a livable wage and benefits to workers, workplace democracy and other worker rights issues. As many progressives will agree, democracy is a fundamental value; democratic management mustn’t be limited to the political sphere, it should extend to all arenas of social life including the workplace. Judging from the practices of Open Harvest this is not a value they share. In fact, Open Harvest does not allow workers to have a voice in the workplace or allow them to be on the board of directors, thus ensuring a top-down hierarchy in the work environment that you would expect to find in any mainstream grocery store; this is not typical of cooperative grocers. Another value I would suspect many patrons and members hold is the belief that all workers should receive benefits and a livable wage. Again, Open Harvest does not seem to be dedicated to this value. The average entry-level wage for workers at Open Harvest is the nation’s minimum allowed: $7.25 per hour (via secret worker poll) and Open Harvest circumvents having to provide benefits by making sure that all non-management employees work under what is designated to be “full time”. To further illustrate the situation of inequality it should be pointed out that the Open Harvest management does receive benefits.

Fired Nebraska IWW Baker Demands Reinstatement with Back Pay

On December 18th, 2010, members of the Industrial Workers of the World 
(IWW) and community supporters walked into the Open Harvest Natural Foods Cooperative Grocery’and presented management with a petition signed by supporters 
and a letter demanding that IWW baker Andrew Losh be reinstated with 
back wages for time missed.

“I love working at Open Harvest and I support their goals of providing 
the community with sustainable and organic food,” Andrew Losh stated. 
“I get along with my coworkers and enjoy interacting with all the 
great customers that shop there on a regular basis,” he continued. 
“But it seems as if the relationships between the management and the 
employees have gone downhill lately.”

Losh was fired by his manager, Nancy Sauer, on December 3rd for not 
maintaining an unspecified work pace. According to Losh, Sauer has a 
history of treating employees unfairly.

On October 20th, 2010, Losh took a shift off. Despite giving notice 
a month in advance, posting a request for a co-worker to take the 
hours, and ultimately getting oral approval from his manager, Losh 
was written up immediately upon return for not giving prior proper 
notice. Losh contested this with his manager and a co-worker who 
witnessed the approval verified his account. Yet this warning remained 
in his file.

Community supporter and Open Harvest customer Jason Nord explained, “I 
support Andrew's demand to be reinstated. I think it's important that 
Open Harvest stay consistent with the values of an organic grocery 
consumer co-op and not treat their employees in the same fashion any 
other retail store does.”

According to a current employee at Open Harvest, who asked not to be 
named out of fear of retaliation by management, “I feel like a large 
part of the management here doesn't really respect us (the 
employees).”