Tuesday, January 12, 2010

People United on KOOP FM 91.7 - Interview with Patricia Zavala and Hector Hernández of the Workers Defense Project


PEOPLE UNITED with host Allan Campbell talks with Patricia Zavala and Hector Hernández of the Workers Defense Project/Proyecto Defensa Laboral (PDL) about the rights and lives of low-wage laborers in Austin, particularly in the construction industry.

To Learn More Visit:

21Rio Workers Hold Vigil to Remember Deceased Co-Workers

Workers Defense Project calls for an end to gross workplace abuses

AUSTIN, TX---Six months after construction workers Wilson Joel Irias Cerritos, Raudel Ramirez Camacho and Jesus Angel Lopez Perez fell 11 stories to their deaths while working on 21Rio apartments complex, their co-workers will hold a candlelight vigil in their memory.

Workers Defense Project - Building Austin, Building Injustice - Press Release

Combining results from surveys of more than 300 Austin construction workers and industry-related data from federal and state agencies, the 68-page study, "Building Austin, Building Injustice," depicts an industry rampant with poor and dangerous working conditions. Although many builders, developers and contractors are model employers, the study notes, others cut costs by not paying some workers for overtime, not paying some at all, misclassifying others as independent contractors, and failing to provide proper safety equipment such as harnesses and helmets, violations of federal and state regulations.

"The report is just shocking in the way that it shows how the industry (in Austin) is really rife with these conditions that are pretty deplorable in terms of safety and health issues," said Richard Heyman, a UT professor and an adviser and researcher on the study. A specialist in urban development studies, Heyman said the report reveals systemic, structural failures.

Major findings:

Though overtime work in the construction industry is common, half of workers who did so reported receiving no overtime pay, a violation of wage and hour laws.

Nearly four in 10 workers were misclassified as independent contractors, denying them legal protections to overtime pay, workers' compensation coverage and benefits.

Sixty-four percent said they had received no basic health or safety training provided by OSHA. The training is voluntary.

A majority of workers lacked employer-based health insurance, pensions and sick or vacation days. Only 45 percent of workers said they had workers' compensation coverage. In Texas, employers can opt out of workers' comp.

Most workers earned $10 an hour. Using federal guidelines, the report calculated a poverty hourly wage as $10.56 an hour, based on a family of four.

Drawing on existing data, the report also says that Texas led the nation in construction-related deaths in 2007 with 142 fatalities, according to the most recent data from the U.S. Department of Labor. Tzintzún said similar data is not available by city. Per capita data is not tracked by state.

Texas had 23,900 construction-related injuries in 2007, an incident rate of 3.7 per 100 full-time workers, according to the Department of Labor. In all private industries, Texas had 242,000 injuries in 2007, an incident rate of 3.3 per 100 full-time workers.

[Text From the Austin American Statesman, , June 17, 2009]

Workers Defense Project - Direct Action Against - Rick Perry

Members of the Workers Defense Project, construction workers and community supporters Wednesday evening protested Governor Rick Perry's recent comments downplaying the risks faced by construction workers.

A recent report shows that one in five Austin construction workers have suffered serious injuries on the job, and the most recent numbers from 2007 show nearly 150 workers have died on the job in Texas.

Protestors say Governor Perry has dismissed the need for improving safety regulations.

Three construction workers fell 11 stories to their death in June while working on the 21 Rio apartments in West Campus.

While there has so far been no official finding about what went wrong, OSHA reports scaffolding had either been assembled incorrectly or substandard parts were used that didn't meet weight requirements.

Workers Defense Project - Direct Action - Against Centex/Pulte Homes for Unpaid Wages

Workers Defense Project and community supporters gathered at the Central Texas Division of Centex Homes in North Austin to demand payment for unpaid wages. A group of four workers report they are owed $2,700 for carpentry work they performed on three homes.

In May of 2009, Marcos Cuevas, Franklin Barahona, Salvador Gamiño, and Santos Arriaza worked for a subcontractor of Centex to perform carpentry work on Centex homes. The subcontractor never paid the four workers nearly $3,000 in wages.

Workers Defense Project has tried to negotiate directly with Centex and their subcontractors for payment, but the homebuilder has refused to pay. Dallas-based Centex merged with Pulte Homes in August 2009 to create the largest homebuilder in the country. Their combined stock is valued at $3.1 billion. Pulte has taken $450 million dollars from taxpayer-funded bailouts.
Workers, advocates and community supporters sent a delegation to the Centex corporate office demanding to pay these workers their hard-earned wages. Homebuilders need to take responsibility for labor practices on their work sites, Stated Selena Fernandez of Workers Defense Project.

The Laborers International Union of North America (LiUNA) held a community forum bringing together homeowners of Pulte and Centex and the workers who built the homes to discuss how these large homebuilders arent holding up their end of the bargain.

Take Action! Call Centex/Pulte and ask them to make sure these workers are paid for their hard work! (512) 532-3300

To Learn More Please Visit:
http://www.workersdefense.org
http://www.buildaustin.org

A Community Forum on the Abuses from Centex, Pulte & KB Homes

Homeowners of Texas, Workers Defense Project and Labor Unions discuss the problems with Corporate Residential Home Builders. Laborers International Union of North America (LiUNA) has organized a caravan from Los Angeles to Pulte Homes' headquarters in Bloomfield, Michigan in order to call attention to the company's role in the housing crisis, especially their high profits and receipt of bailout funds as others lose homes and jobs.

To Learn More Please Visit:
http://www.homeownersoftexas.org/
http://www.liuna.org/
http://www.workersdefense.org

Extended Community Forum on the Abuses from Centex, Pulte & KB Homes

Homeowners of Texas, Workers Defense Project and Labor Unions discuss the problems with Corporate Residential Home Builders. Laborers International Union of North America (LiUNA) has organized a caravan from Los Angeles to Pulte Homes' headquarters in Bloomfield, Michigan in order to call attention to the company's role in the housing crisis, especially their high profits and receipt of bailout funds as others lose homes and jobs.

To Learn More Please Visit:
http://www.homeownersoftexas.org/
http://www.liuna.org/
http://www.workersdefense.org

Workers Defense Project - 7th Year Celebration of Fighting for Justice

The Workers Defense Project Celebrates 7 years of Fighting for Justice in the Austin Community! Silent Auction, Food, and Live Music! This years honorees are TateAustinHahn and David Adamson for their generous support to the organization.

To Learn More Please Visit:
http://www.workersdefense.org
http://www.buildaustin.org

Rev. Jim Rigby Speaks - 7th Year Celebration of Workers Defense Project

The Workers Defense Project Celebrates 7 years of Fighting for Justice in the Austin Community! Silent Auction, Food, and Live Music! This years honorees are TateAustinHahn and David Adamson for their generous support to the organization.

To Learn More Please Visit:
http://www.workersdefense.org
http://www.buildaustin.org

Workers Defense Project - Helps Build a Better Austin!

Gov. Rick Perry and employees within the state insurance building did not meet the typical sound of 5 p.m. traffic Wednesday. Instead, some encountered signs adorned with criticism of Perrys policies, drums keeping protestors in rhythm and the voices of construction workers along with members of Austins Workers Defense Project and Californias Laborers International Union of North America chanting, Workers rights are under attack! What do we do? Stand up, fight back! Project Director Cristina Tzintzún said the defense group organized the event in response to a television interview Perry had at a Construction Expo in late June, in which he stated that [Texas] has enough oversight to keep our citizens safe. Catherine Frazier, a spokeswoman for the governors office, said the issues scope is wider than Texas alone. This issue falls under federal jurisdiction and Governor Perry expects the federal government will fulfill its role to keep Texas construction workers safe without burdening Texas employers with duplicative regulations, Frazier said. According to a recent report by the project titled Building Austin, Building Injustice, 142 construction workers died in Texas in 2007, which is more than any other state in the country. The report also states that 50 percent of workers do not receive overtime pay and that 41 percent go without a rest break. Tzintzún said that only 77 Occupational Safety and Health Administration investigators cover the 10 million workers in Texas. The project states that the International Labor Organization recommended 1,023 investigators be responsible for Texas workers. Elizabeth Todd, OSHA acting regional director, said the administration will be increasing the number of inspectors in Texas. We want to raise awareness and reduce the number of construction-related fatalities in the state because we do have a high number of construction-related fatalities, Todd said. If there are unsafe working conditions, we are going to try and go out there and find out. Tzintzún said the problem lies in construction oversight. We believe there is a larger problem in Texas of contractors not being held accountable for safe working conditions on the job site, Tzintzún said. Its important that [the Legislature] steps up to the plate by ensuring people dont die needlessly on the job. The protest also focused on the West Campus construction accident in June at the 21 Rio apartment complex where three construction workers fell to their deaths as a result of a scaffold failure. Austin Police Department Lt. Mark Spangler said APD obtained a search warrant to investigate the incident. The areas we are looking at are, Did this accident have a genesis? Spangler said. What caused that equipment to fail? Was it mechanical? Was it human error? Was it an oversight? Thats the full spectrum of what we are looking at. The cause of the accident is still under investigation and APD will conduct interviews as well as an examination of all equipment used in the scaffolding. The warrant stated negligent homicide as a possibility. Randy Harris, a member of a laborers union from Illinois, said he was protesting to make the construction worker case a national issue. Nobody deserves to be hurt or killed at work, Harris said. We want people to be able to go to work, feed their families and go home. During the protest, a project coordinator handed out a letter to the governors office detailing the projects report. This is the second letter sent to the governor after Tzintzún's July 8 letter. She hopes the community, Perry and the Legislature are listening. Construction worker Eric Jimenez attended the protest and said many of his fellow workers have been injured as a result of poor safety regulations. Many of my co-workers have had many accidents in construction because there is no system of security or training to prevent the victims of accidents, Jimenez said. We want a day where rules will help in the insecurities in organization of construction.

This is a Z Graphix Production, Produced by Jeffry Zavala and Directed by Jason Cato.


Communications by Selena Fernandez Cinematography by Jeffry Zavala Photography by Charlie Lockwood & Jeffry Zavala To learn more go to,

Workers Defense Project - May Day in Austin 2009

Thousands of activists gathered on the south steps of the Capitol on Friday evening and marched to City Hall in support of improving treatment of immigrant workers and the reformation of laws to recognize them as contributing members of American society.

International Workers Day, commonly known as May Day is the annual celebration of the social and economic achievements of the international labor movement over the past century. Activists across the country use this day to call for better treatment of immigrants.

When you work a day, you should get paid a day, said Teresa Parkinson, a volunteer with the Workers Defense Project, an immigrant rights organization.

Parkinson said there are businesses, restaurants and construction companies in Austin that do not pay immigrants for their work. If the workers report these businesses for malpractice, they risk being deported.
I know immigrants are being mistreated, Parkinson said. They have a right as humans to be paid for the work that they do.

Caroline Keating-Guerra, an organizer of Fridays march, summed up the event as a rally for immigrant rights reform, which includes immigrant access to health care and education, a pathway to legalization and ending government raids and family separation.

In a speech prior to the march, Eric Tang, an assistant professor in UTs College of Liberal Arts, described May Day as a celebration of the relationship between humans and the work they do. He said Americans must ensure that the rights people earn for being contributing members of society are respected.

Many times [immigrants] are marginalized, ghettoized and pushed out of the mainstream of American society, Tang said.

Martín Ruiz, a member of the Workers Defense Project, said the government needs to recognize immigrant participation.

[This march] is more than about being Hispanic, Russian, Asian, rich or poor, Ruiz said. Its a day that workers can take to the streets and reclaim a more dignified life for themselves and their families.

This is a Z Graphix Production, Directed by Jason Cato Produced by Jeffry Zavala.

http://zgraphix.org

Photography by Jason Cato
Cinematography by Keegan Godsey and Jeffry Zavala

To learn more go to:
http://workersdefense.org
http://buildaustin.org

Workers Defense Project - Construction Report - Building Austin, Building Injustice

Combining results from surveys of more than 300 Austin construction workers and industry-related data from federal and state agencies, the 68-page study, "Building Austin, Building Injustice," depicts an industry rampant with poor and dangerous working conditions. Although many builders, developers and contractors are model employers, the study notes, others cut costs by not paying some workers for overtime, not paying some at all, misclassifying others as independent contractors, and failing to provide proper safety equipment such as harnesses and helmets, violations of federal and state regulations.

"The report is just shocking in the way that it shows how the industry (in Austin) is really rife with these conditions that are pretty deplorable in terms of safety and health issues," said Richard Heyman, a UT professor and an adviser and researcher on the study. A specialist in urban development studies, Heyman said the report reveals systemic, structural failures.

Major findings:

Though overtime work in the construction industry is common, half of workers who did so reported receiving no overtime pay, a violation of wage and hour laws.

Nearly four in 10 workers were misclassified as independent contractors, denying them legal protections to overtime pay, workers' compensation coverage and benefits.

Sixty-four percent said they had received no basic health or safety training provided by OSHA. The training is voluntary.

A majority of workers lacked employer-based health insurance, pensions and sick or vacation days. Only 45 percent of workers said they had workers' compensation coverage. In Texas, employers can opt out of workers' comp.

Most workers earned $10 an hour. Using federal guidelines, the report calculated a poverty hourly wage as $10.56 an hour, based on a family of four.

Drawing on existing data, the report also says that Texas led the nation in construction-related deaths in 2007 with 142 fatalities, according to the most recent data from the U.S. Department of Labor. Tzintzún said similar data is not available by city. Per capita data is not tracked by state.

Texas had 23,900 construction-related injuries in 2007, an incident rate of 3.7 per 100 full-time workers, according to the Department of Labor. In all private industries, Texas had 242,000 injuries in 2007, an incident rate of 3.3 per 100 full-time workers.

This is a Z Graphix Production, Produced by Jeffry Zavala and Directed by Jason Cato.

http://www.zgraphix.org

Photography by Jason Cato
Cinematography by Jeffry Zavala

To learn more go to,
http://workersdefense.org
http://buildaustin.org

Workers Defense Project - Direct Action Against - Unpaid Wages


Workers Defense Project and community supporters gathered outside a Luxury Condo in Austin to protest a developer for the $20,000.00 in unpaid wages owed to eleven workers who worked on their work site.

In the context of economic downturn, where low-wage workers bear the burden of hard times, Workers Defense Project is calling upon the developer to take responsibility for the labor abuses on their work site.

In October and November of 2008, Antonio Melo, Antonio Olvera, Fausto Elias, and 8 other workers worked for a subcontractor of the developer to perform masonry work on the apartments in East Austin. The subcontractor never paid the eleven workers for their work and they are still owed nearly $20,000 in back wages.

The Workers Defense Project has tried to resolve the issue directly with the developer and their subcontractors. The developer negotiated with PDL and agreed to a payment plan where they would pay $15,000 of wages owed now and $5,000 later. The agreement was drafted, the terms were all agreed upon, and then the developer backed out.

Workers, advocates and community supporters urged the developer to ensure that Austin development occurs in a way that benefits everyone in the community, including the workers who are building our city.

The developer is a local residential and commercial building company that has 30 years of experience working on construction projects in Austin. They specialize in high-end homes, town-homes, and commercial properties that range from half-million to multi-million dollar projects.

After much effort and long hours on the part of the Workers Defense Project, ultimately the developer lived up to their legal responsibility and made sure the workers were paid their due in a check for $18,000!

This is a Z Graphix Production, Directed by Jason Cato and
Produced by Jeffry Zavala.

http://www.zgraphix.org

Photography by Jason Cato
Cinematography by Keegan Godsey and Jeffry Zavala

To learn more go to,
http://workersdefense.org
http://buildaustin.org