Posts Tagged ‘h2b’

DOL OSHA citations against Walmart supplier C.J.’s Seafood

Despite threats to their families, guestworkers in Louisiana went on strike in June 2012 to expose forced labor on the Walmart supply chain. In Breaux Bridge, Louisiana, Walmart supplier C.J.’s Seafood subjected 40 Mexican guestworkers on H-2B visas to forced labor, stolen wages, unfair labor practices and discrimination—from which Walmart profited.

In July 2012, in response to an official complaint by the NGA, the Department of Labor cited C.J.’s Seafood for multiple serious violations of federal safety and health rules, and fined the company $21,550.

Read the full citation (PDF).

More on Breaking Chains at Walmart

Walmart Strikes Spread, Build on NGA Victory – The Nation – 11/16/12

Walmart Strike Spreads to Texas as Organizers Promise Massive Black Friday Protest

Josh Eidelson on November 16, 2012 – 9:10 AM ET

This morning, at 10 am local time, Dallas Walmart store workers are headed back to the picket line. Theirs is the latest in a string of strikes that hit a California warehouse Wednesday and Seattle stores on Thursday. There’s more where that came from: On a Thursday call with reporters, union-backed Walmart worker groups said to expect a thousand strikes or demonstrations spread over nine days, culminating in an unprecedented array of “Black Friday” disruptions. That news follows a major legal settlement by a Walmart contractor that organizers credited to a 2011 sit-in at Hershey’s Chocolate.

Dallas striker Colby Harris emphasized that despite issues with low pay and repeated retaliation, he’s committed to remaining a Walmart worker. “If you leave this job, you’re going to face retaliation in some form somewhere else…” he said last night. “If you change Walmart, and you change corporate America, it can really better a lot of people’s lives.”

Harris told The Nation that the main purpose of today’s picketing outside his Dallas store is to send a message to the workers inside: that “you can speak up and not get punished.” What if Walmart retaliates? “We’ll just take more actions…” said Harris. “It will not be accepted or tolerated.” He said that going on strike last month heightened his confidence: “I’m not as nervous to take actions now. I know I’ve done it before…I can do it again.”

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Student Workers at Hershey Facility Win Back Wages – AP – 11/14/12

Student Workers at Hershey Facility Win Back Wages

By Peter Jackson, Associated Press

November 14, 2012

Three companies have agreed in a settlement to pay more than $213,000 in back wages to hundreds of foreign students for summer jobs they held at a Hershey candy company facility, the U.S. Department of Labor said Wednesday.

The settlement also requires two of the companies to pay fines totaling $148,000.

The Hershey Co., whose sweet treats include Kit Kat and Reese’s peanut butter cups, owns the warehouse and distribution center but was not cited for violations because it contracts out the operation of it to another company, Exel Inc., Hershey spokesman Jeff Beckman said.

Westerville, Ohio-based Exel, Lemoyne-based SHS Group and the San Clemente, Calif.-based Council for Educational Travel USA agreed to pay $213,042 in back wages to 1,028 foreign students who held summer jobs repackaging candy for promotional displays. The payout is an average of $207 per student.

The three companies overcharged the students for housing, reducing their wages below what they were supposed to be paid, the department said.

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NGA Wins New Protections for Wal-Mart, Hershey’s Supply Chain Workers

WASHINGTON, D.C., Nov. 14, 2012—As the latest victory in a year-long fight by the National Guestworker Alliance (NGA) against supply chain labor abuse, warehouse operator Exel Logistics agreed with the Department of Labor (DOL) on Wednesday to new worker protections for Exel’s more than 300 U.S. warehouses.

Exel, which has $4.1 billion in annual revenue, operates warehouses for major U.S. retailers including Wal-Mart and Hershey’s. Wal-Mart is facing growing pressure and nationwide strikes over supply chain labor abuses as Black Friday approaches.

The DOL agreement came in response to a strike and legal complaints by the NGA over serious labor abuses in a Hershey’s Chocolate packing plant in summer 2011. In previous response to the NGA complaints, the U.S. State Department debarred Hershey’s labor recruiter CETUSA from the J-1 Summer Work Travel program, and overhauled J-1 program rules to add substantial protections for student guestworkers.

The new DOL agreement requires Exel, staffing agency SHS, and labor recruiter CETUSA to pay back $213,000 in illegal deductions from wages to student guestworkers who worked in the Hershey’s plant. It also requires Exel to pay $143,000 in fines for health and safety violations.

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Investigative Commission, Mexican gov’t meet over Walmart

This month, the National Investigative Commission into forced labor on Wal-Mart’s U.S. supply chain traveled to Mexico to meet with workers, Mexican government officials, and Mexican human, civil, and labor rights groups.

Below is a statement released by the Commission on October 30, 2012:

In our work as civil, human, and labor rights advocates before forming this Commission, we had long been aware of a wide range of labor abuses by Wal-Mart, from wage theft and the locking of store workers into stores, to overt and systematic sexual discrimination in hiring and promotion. In recent days, hundreds of Wal-Mart store workers have gone on strike across America, protesting the company’s retaliation against workers who organized for basic dignity. We stand in solidarity with those workers.

We formed this Commission in June 2012, following the exposure of forced labor at Wal-Mart supplier C.J.’s Seafood. The case of C.J.’s revealed that severe labor abuses extended beyond Wal-Mart stores, to Wal-Mart’s 60,000 suppliers. Wal-Mart did nothing to protect the rights of workers at C.J.’s, despite long-standing public assurances that it is policing its supply chain. And a preliminary investigation by the National Guestworker Alliance (NGA) revealed that it was only the tip of the iceberg in terms of forced labor Wal-Mart’s U.S. supply chain.

This month, members of this commission traveled to Mexico City to seek the help of a variety of partners: representatives of the Mexican government, former Wal-Mart supply chain workers, and Mexican human, civil, and labor rights groups.

A worker named Manuela traveled from Sinaloa to meet with the commission. She’d worked as a guestworker in Louisiana for sub-minimum wage pay. When she and other workers organized, their boss threatened to call immigration authorities, then blacklisted the workers so they couldn’t get jobs at other plants.

The Mexican advocates we met with were stunned by the workers’ stories—and by their bravery in organizing in the face of retaliation. The many Mexican journalists who covered our visit for national and international outlets were as well.

We also met with Emb. Roberto Rodríguez Hernández, Director General of the Mexican Ministry of the Exterior, who committed to assembling a meeting with workers, the Ministry of Interior, the Ministry of Labor, and this Commission to address the Mexican government’s obligation to monitor forced labor among Mexican guestworkers on Wal-Mart’s U.S. supply chain.

We thank the Ministry for its serious and constructive commitment to working with this commission to protect Mexican nationals from forced labor on Wal-Mart’s U.S. supply chain. We intend to hold it to this task.

We believe our visit contributed to the growing momentum on both sides of the border—from the halls of Mexican parliament to Gulf Coast labor camps to Wal-Mart stores where workers are on strike—to hold the world’s largest private employer accountable for labor abuse.

Worker leader Olivia Guzman, who joined our meeting with the Ministry, said:

“We are beginning something big. Just weeks ago, other Mexican guestworkers filed suit against another Louisiana Wal-Mart supplier called Riceland Crawfish. I worked there in 2008, and even after working 11-hour days, we often weren’t paid enough even to buy food. After so many years, people are tired of the abuse. We are standing up and defending our rights.”

On behalf of the National Investigative Commission into Forced Labor on Wal-Mart’s U.S. Supply Chain:

  • Alejandra Ancheita – Director, Proyecto de Derechos Económicos, Sociales y Culturales (ProDESC)
  • Patrick O’Neill – Executive Vice-President, United Food and Commercial Workers
  • Scott Nova – Director, Worker Rights Consortium
  • Terry O’Neill – President, National Organization for Women
  • Saket Soni – Director, National Guestworker Alliance

 


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