What the Daily News wrote about the Dominos workers' victory

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Domino's Pizza workers win settlement holding parent corporation accountable for franchise's labor law violations

The pizza shop workers said the franchise robbed them of wages and forced them to work in sweatshop-like condition

THURSDAY, FEBRUARY 13, 2014, 8:56 PM

PHOTO COURTESY OF NMASS

Carlos Rodríguez Herrera (second from l.) discusses the lawsuit filed against Domino’s Corp. with the help of NMASS (National Mobilization Against Sweatshops)

In New York, the city with the greatest concentration of billionaires in the country, $1.3 million may not sound like much. But the great majority of New Yorkers don't belong to that exclusive club: They are the proverbial 99%, and for them it is an awful lot of money.

For 61 workers at a Domino’s pizza shop on East 89th St. in Manhattan, last Wednesday’s announcement that they had won a settlement for that amount — holding Domino’s Pizza Corp. accountable for the labor-law violations of its franchise, DPNY Inc. — was a huge victory. For the workers, all of them Latino, African and Bangladeshi, this was about more than money.

“The goal in this legal action was to get Domino’s Pizza corporation to take responsibility,” said the Rev. Robert Brashear, pastor of West-Park Presbyterian Church at Amsterdam Ave. and 86th St. in Manhattan. Brashear says he received a letter from Domino’s threatening legal action if he continued with his “negative statements.”

“Our attorneys responded with a simple question: Are those statements true or not? We never heard from them again,” Brashear said. “It took three years of litigation, but this settlement sends a strong message that corporations cannot hide behind their franchises, declaring bankruptcy to avoid responsibility.”

Brashear, a member of the National Mobilization Against Sweatshops (NMASS), a grassroots organization that helped the pizza shop workers in their struggle against wage theft and sweatshop-like conditions, noted that important as this victory is, it is not enough.

“The laws need to be strengthened,” he said.

Carlos Rodríguez Herrera, 29, a Mexican immigrant, had been working at Domino’s for two years as a deliveryman when in 2007 — fed up with the exploitation he was subjected to — he complained about being robbed of as much as 20 hours of pay per week.

“I was fired on the spot,” Rodríguez Herrera recalled. “But imagine, I worked six days a week from 10 in the morning to eight in the evening for $4.40 an hour, and they only paid me for 40 or 45 hours. ”

Rodríguez Herrera, who said DPNY employees were not given lunch breaks, had to buy their own uniforms and even had to pay for delivery bicycle repairs, went to the State Department of Labor with his grievances. Two years went by and the government agency did nothing.

“Call back in six months, they would tell me when I called to inquire about my case,” said Rodríguez Herrera, who noted that Gilberto Cano, another former Domino’s employee, told him about NMASS.

“We contacted them and began to organize other workers and eventually many more joined us. With the Legal Aid Society we sued the Domino’s franchise and Domino’s corporation.”

Not surprisingly, Domino’s tried to pull one of the many hat tricks rogue businesses have used for years to rip off its low-wage employees.

“The owner filed for bankruptcy,” Rodríguez Herrera said.

But the workers kept on organizing with employees from other restaurants, students, community members and faith leaders.

Their efforts paid off when the district court bought their argument that the corporation was involved in training storeowners, maintaining payroll data, and establishing working conditions and, in a rare move, allowed Legal Aid to include it as a defendant.

“We are not stopping here,” Rodriguez Herrera said. “We are calling on the workers at other stores to demand that Domino’s put a stop to wage theft and sweatshop conditions in all its franchises.”

albor.ruiz@aol.com

What the Epoch Times wrote about the Dominos Workers' victory

Domino’s Workers Keep Fighting for Fair Wages

By Yi Yang | February 13, 2014 | Last Updated: February 13, 2014 8:21 pm

A Domino’s Pizza franchise in New York agreed to pay its delivery workers $1.3 million in total for minimum wage, overtime, and tip credit violations. The settlement came after a three-year lawsuit. On Wednesday, Domino’s Pizza workers and community members celebrated their victory at a press conference and announced they will continue to fight for fair wages.
“Domino’s is not off the hook because of this settlement,” Sophie DeBenedetto, a representative for National Mobilization Against Sweatshops, a workers membership organization that helped organize the Domino’s workers and provided them with lawyers.
“We are continuing to organize, we are calling on all Domino’s workers and all other working people throughout the city to come forward to continue to fight the sweatshop practices of this corporation.”
Carlos Rodriguez was one of the leading plaintiffs in the lawsuit. When he worked for Domino’s as a deliveryman, he worked for $4.40 an hour, up to 66 hours a week. However, Dominos only paid him for 40–50 hours of work. As one of the 61 plaintiffs, he will receive compensation anywhere from $400 up to $61,300. Rodriguez said they achieved victory by persistently organizing as many people as possible.
“How [did] we win this victory? Just by organizing,” … with other workers, residents, pastors, students, organizations,” said Rodriguez, who has since left Domino’s.
“A lot of businesses, they declare bankruptcy and shutdown the restaurant to avoid responsibility. Domino’s Pizza, DPNY, did the same thing. But we don’t stop organizing.”
DPNY Inc., the Domino’s franchisee, has been held accountable, but workers and community remembers also hope to do the same with Domino’s Pizza Inc., which they said played a major role in creating an exploitative working environment.
DeBenedetto said that the ease with which bosses can declare bankruptcy and the ability of big corporations to hide behind the franchising system is something that blocks many working people from speaking out for their rights. But the recent outcome could encourage exploited workers to join the cause.
“People are afraid to do it. They feel like it’s not worth it, [and think] ‘Why would I organize if I’m never going to collect? The boss can just run away,’” DeBenedetto said. “I think this sends a strong message that we can win if we organize and stand together.”
Yi Yang is a special correspondent in New York.

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Article printed from The Epoch Times: http://www.theepochtimes.com

URL to article: http://www.theepochtimes.com/n3/507444-dominos-workers-keep-fighting-for-fair-wages/

Click here to print.

What I said at the press conference

This victory is a clear message:

Businesses cannot make profits on the backs of oppressed workers
Businesses cannot hide behind bankruptcy to avoid responsibility
When this campaign began, pastor Heidi (Neumark) and I spoke out in solidarity with the Dominos workers. Almost immediately we received letters from Dominos attorneys demanding our silence.  Threatening legal action if we continued to speak out. Our attorney asked a very simple question: is what we are saying the truth? And when we asked  that question, they remained silent. And had to back off. Because if what you are saying is true, there is no legal way to silence you. And this decision clearly shows what Dominos knew all along...that they were responsible for the harm done their workers.
So we celebrate this victory. But we cannot stop here. We will support those workers who were fired for speaking out in their settlement processes. And that other workers across this city lift up their voices and demand the justice they deserve, including a real living wage. This victory is just one more step on a long march, a march that continues until justice is served.

A boycott is a form of fast, a conscious decision not to consume something for a reason. The prophet Isaiah had this to say about this kind of fast:

Is not this the fast that I choose: to loose the bonds of injustice, to undo the thongs of the yoke, to let the oppressed go free, and to break every yoke? (Isaiah 58:6-8)

We must contine our struggle until all yokes are broken. 

Note: the victorious workers were Latino, Bangladeshi, African

A victory for the workers. For the people, For organizing

2/10-12

Carlos and I get ready for the press conference

The cold frozen world continues. Keeps us inside. Kind of claustrophobic. So what’s been going on?

Monday.  Martin comes in to talk. It has been a very frustrating stretch for him. There are things that need attending  to. Issues to be  resolved. He brings passion to everything he does. And he takes pride in his company and its work. And things that get in  the way of his doing the kind of work he wishes to create,in every aspect, become very frustrating. He needs to feel we’re in this with him. And I want to do the best we can to make it work.

RL looks in and I let him know we’re finishing a conversation. And that we’ll pick up later.

Pat O comes in for another look at the bottom line and another discussion hopefully leading to a strategic plan to enlist  the community in raising the money necessary to fixing the façade.

Tuesday

John H and I go across the street to the Bean. We need to review the activity that’s been going on here. The Workcenter.  Dzieci. Bread and Puppet. How can we bring  together all those who  have been drawn to these explorations of archetype, ritual, mystery. And service.  They are common themes.  They are/can be the basis of an ongoing community.   What is the nature of that community? How does it relate to something called church?          

My son Dan is arriving from Philadelphia to help with my unpacking.        

And later, off to Newark to teach.

Wednesday 

7:30 AM is a time that normally doesn’t exist for me. From my new place, to get there on time I need to be up by 6.   And if I’m up that early, I should be on a trip somewhere.  But it’s just to City Diner. Center folks. West-Park folks. Community folks. Working on building a plan to make a major capital campaign to support the work we need to do.  We continue to believe that   the community has  special responsibility when it comes to the  landmarked exterior. That part of our building that has been declared essential to the community’s  cultural heritage. Pat O has some good ideas about resources at Columbia grad school.

Mim and I stay longer to discuss plans for another seminary intern to start next fall. Exciting to think of creating what Ted refers to as a teaching campus. That would fulfill a dream of mine.

After my conversation with Mim, I walk up the street to the new coffee shop where Tracy works. I want to talk to her about the victory of the anti-sweatshop campaign over Dominos pizza, a campaign she helped launch. With me. Almost two years ago on a cold wet day. Now she’s running a coffee shop while taking her first courses to be a nurse.  From organizing to serving. In the coffee shop, she enjoys the conversations with the ever shifting cast if characters who come in for coffee. And a word.

Soon enough I’m on my way down to the Lower Eastside for the press conference with the National Movement Against Sweatshops(NMASS) , our neighborhood Sweatshop Free Upper WestSide and Justice Will be Served.  Just like the earlier victories over Saigon Grill and more briefly over V&T’s, this is a milestone victory. It’s the first against a corporation, not just a local establishment. It came with a city wide boycott, not just our neighborhood. It validated the workers’ complaints against their employers.

Cut off the evasive bankruptcy strategy. It was a victory for organizing. And one of the signs of good organizing is that the organizers and workers keep discerning clearly definable and winnable issues. They haven’t lost yet. And each victory builds workers strength. This latest victory is a 1.3 million dollar judgment against Dominos, to be paid to the workers.

We’re in a worker center on the edge of the ever expanding Chinatown even as the core of Chinatown begins to fall to gentrification. The press conference will be conducted in Spanish, Mandarin and English. I look at the array of microphones in front of me. 41, or canal quarenta y uno, and Telemundo, the big Spanish language stations, msnbc, a  Chinese language station and New York 1, the most watched local news. One more small victory.  One more small step forward.

Food justice starts at home: the Domino's boycott

4/13

Domino's boycott rally

Arrive at the church late afternoon. The day started well with the Domino's rally, but downhill from there. Missed one letter on my Hop Stop search for an address in Brooklyn looking for a Spanish church in Brooklyn. I knew the address was wrong when the address number was  in the middle of the Gowanus Canal. Needed to be on the other side of Brooklyn. Only way to get there by going back to Union Square in Manhattan. Or a $25 cab ride. Which I did to save time. And wound up at my meeting 2 hours late and just about over. Nothing to do but to head back to Manhattan.

Jerry’s on the steps. I’m worried about him. He’s curled up in  a ball in the corner of the doorway,an empty beer can and a long wet trail down the steps. He hands the cell phone to me. It’s Anthony. Asks abut Jerry. I tell him. Anthony doesn’t sound like he’s dying. Tells me he can’t handle Jerry’s drinking. He can come back when he’s sober.

Jerry’s story is of course different. Anthiny’s diabetes. All the work he does. The ongoing relationship with Blessed Sacrament down the street.  But the point is Jerry, can’t be on  the steps with open containers. 

Then I notice the dozens and dozens of burnt matches. Someone’s been cooking smack. Jerry says it’s not him, and I believe him. He talks about the crowd congregating there at night. I’ll have to talk to Stephen  about this.

Stephen fills me in on what’ been going on while I’ve been gone. The ongoing negotiations between the church and the people from the Red Bull Music Academy bringing a concert with Pantha du Prince to West-Park. Sold out already.  Going to be  a big event. Important to us to bring this off well. I talk to Stephen about the rally. And my fruitless Brooklyn odyssey. And we talk about the steps. Stephen and Martin will handle the concert negotiations. 

Martin and I head to the B. Still trying to find the way to pull this off that is close to the vision. If only the road weren’t so long...

                            * * * * 

What I said at the rally:

A year ago we came together to celebrate, a year of struggle, action and victories. And to push the government to enforce the law against Domino's. My colleague Pastor Heidi were there to celebrate with you. With her classic sense of humor, she suggested that she’d only order Domino's if it came with a topping of justice. 

It wasn’t the first time we spoke about Domino's. Remember when  we stood in the cold freezing rain on 72nd Street? The first time we chanted no justice no pizza?  And how did Domino's respond?

Did they say, OK, we get it, it's time to treat the  workers fairly?

Did they say, we disagree but let's talk?

Did they say, we respect our workers,we want to do this right ? Of course we want to obey the law? 

No...they threatened to sue pastor Heidi  and me. They called out their legal lap dogs. Sent threatening letters....

As if that would work....

Did we back down? Did we keep quiet? Did we say Oh, Domino's is upset,we better be careful?

No ...it only strengthened our resolve to keep fighting side by side with you workers, students, people of faith, politicians and residents, not just for justice for these 74 workers but for ALL workers to live and work with dignity and fairness.

I learned last week in Washington, DC  that the Immokalee tomato growers had won a struggle with Domino's and forced them to honor collective bargaining and sign a fair contract. We can not allow Domino's  to rob one set of workers to reward another group of workers.  Food justice must be carried out at every level: production, distribution, and consumption. If they can do that at the production end, they can do it at the distribution end.....and the way we will do it  is through the consumer end .....we will spread the word, stop buying domino's NOW

Justice for Domino's workers now!

The message is clear: No more profits from exploited workers!

             Our cry is still....no justice, no pizza.

Bob and Hope at Domin's boycott rally 

Justice (still) being served

2/21

We are gathered to meet with the New York Foundation. Our Sweatshop Free Upper Westside campaign workers. The National Movement Against Sweat Shops. And Justice Will Be Served. And the NYF’s staff person.

The campaign has begun to pick up support from a new contingent of Columbia students. Organizing happening at multiple locations. And New Jersey. And Binghamton, as students continue to spread the word to thei colleagues. In multiple languages. Success in the Domino’s boycott campaign in moving form local to national corporation. The small victories, accomplished without pickets or boycotts, like Columbia favorite V&T Pizza, Gabriela’s (one of my favorites: cocina Oaxacana) and Land Thai and Grand Sechuan.   There’s a need for their work to be  better publicized.  There is also the win in the Domino’s case with the court holding not only the local franchise but the international corporation culpable. What is needed is to spread the word of the Domino's boycott wider. 

Hope speaks of how workers from around the city have learned that the picket lines are places where workers can gain information form other workers and gain resources  from other struggles for their own. New alliances develop. More outreach has begun with fast food workers around the city. 

I continue to be impressed at what is a true community based organizing model.  Undocumented immigrant workers, workers with papers, union workers, faith community, neighborhood residents,  politicians and perhaps most significantly, now79 small businesses. (And I’m honored that West-Park can be the base for the weekly outreach efforts.)  

The Foundation is impressed. Will renew its support. And extend an offer for a grant to help improve communications capacity. 

Economic justice happens in more than policy decisions in Albany and City Hall. It’s part of every consumer decision we make: where we buy our food, where we eat, what services we choose. Part of what the foundation wants is a list of the small businesses that have signed on to the campaign. It’s more than choosing not to, choosing to boycott. It’s also about positive choices, choosing for  those businesses that support justice. 

The list of Upper West Side businesses supporting the campaign can be found here: http://sweatshopfreeny.twalloffameumblr.com/

Yeshua comes for a visit

8/17

We’re getting ready for a critical meeting with our proposed partner. Teddy brings me outside. There’s an 83 year old man, Antonio, beside the steps with two large dogs. I try talking to him. He’s got a long convoluted story that involves an SRO, a landlord, a catholic church....I can’t put it together. When I come back later, there’s a young attractive Latina with designer sunglasses talking to him.

She looks up at me. He brought those dogs with him from Puerto Rico, she says. I tell her I’ve tried to get his story. And can’t. You’re not going to, she says, he’s not stable. He’s been on the streets in this neighborhood a long time. I explain that I’ve got to go to a meeting. He stares at me with eyes that pierce and burn like coals. 

All our important people have gathered. All their important people have gathered. They’ve got their real estate rep. We’ve got Jamie. We’re out of time. Can we come to agreement and create a term sheet? Jamie has written clearly all our bottom lines. Makes clear these are not for negotiation. Their guy whispers it’s a fair deal. We agree that Jamie and their guy will meet later this afternoon to try and get it done. It is so close. If we pull this off, we can just barely make it.... can begin to turn our attention to building and growing....if....

Zeljko joins me from Serbia via Skype. He’s finishing work on his documentary about the Serbia anti-aircraft gunner who shout down an American stealth bomber and the pilot who got shot down. He’ll be coming to New York in October an would like to show his film to bet money to finish it. He could bring his other documentaries too. 

And....we’ve got another project. He was taken by Sarah’s slogan for the Center: Dream. Real. Hard. And in our conversation  I had spoken with him  about how what makes New York City special is that everyone who comes here comes with a dream. From immigrant food service workers to artists to run aways to people who couldn’t  survive in their homes or their towns, entreprenuers, occupiers, ....All of us, dreamers. And he would like to  do a documentary about those dreams in October. At West-Park. We’re working on this together. 

Today Nate has joined his brother Daniel working with Martin. It’s great having them both working here. 

Steve has developed an impressive proposal to upgrade West-Park’s stalled Social Media presence. Glen joins us for part of that conversation then we have our own conversation reviewing Dem Dahk Days...He lost a lot financially. But learned a lot too. The next play should be better, but it looks like the Disappeared may need some more work. The playwright's  got another project ready to roll, however....and Glen is determined to see his Little Theater project through. 

Jeremy G comes in to wrap up details for his production in late October. 

OK. The name tag was enough to put me on guard. My next visitor is dressed in a black suit with a fedora like Men in Black. White shirt, no tie.A hipster goatee.  And a name tag that says Yeshua. The caution flags are waving. 

His smile is too intense. Hi, they told me the pastor was in... 

I am.

He points to his name tag. What is this? he asks, it’s a name my grandmother used to call me. 

Doubt that, I say to myself, then to him, It’s the Hebrew for Jesus...

Well how did it get to Jesus from this? still tapping himself on his chest. 

It starts with Yeshua, becomes Iesus in Greek, Jesus in English...like Moishe becomes Moses, Eliahu -Elijah...like  that...

And God’s first name was Jehovah, right?

Well, not exactly. It’ a long story. It’s YHWH, we say Yahweh. Jehovah is a misreading of the Hebrew...

Write that down for me, I have to remember that. And he unpins his name tag and hands it to me...

So if Jesus came back today, how would you know? Would anyone believe him if he said, I’m Jesus? 

I’m preparing myself....Happens all the time. And it’s not about what anyone says. It’s what they do...we’ll know....

Well what about the Book of Revelations? Doesn’t it say....

First of all, it’s Revelation...no s...and it wasn’t written to be a spooky prediction book...it was an outcry from a people experiencing horrific persecution. It felt apocalyptic...written in  code to comfort those living through it...like 666, you know? It’s not spooky. Seven was the number of perfection. It says sometimes evil can be so close to good you can barely tell the difference...John wrote..

John the Baptist?

No, John the apostle, John of Patmos...

I think if Jesus come back he’d be with the poor, the lonely, the addicted...

And I agree...

Are you angry?

Sometimes.

Well I’m fucking angry. Fucking angry.  It’s a beautiful world. And people fuck it up. we hurt each other...I’m fucking angry...and his eyes have that intense look.

I don’t understand a  lot of it. There’s mystery...

Did you know, when i want God to talk to me, I look n the mirror, right into my own eyes. Staring into my own eyes, when o speak, it s the voice of God speaking to me...Look. Another question. I’m a gay man. What if Jesus were gay? Had sex with men? And people knew it and didn’t like it could that be why they killed him? 

Well, no and yes. Crucifixion was for political insurgents. But then there was all that in John about  the disciple who Jesus loved....But it doesn’t matter. Nothing spooky. Nothing complicated. Jesus says God is love and those who love abide in God and God abides in them...that's it

That is so beautiful...tears are streaming down his face...thank you, thank you, you have helped me so much....He touches my arm. Picks up his walking stick. Heads to the door. Turns back, looks at me....tears....says, Did you know, if you look into a mirror and look directly int your own eyes, you will hear the voice of God...and then out the door....

I feel exhausted. I go in to see Danielle. Her last day before heading home to Iowa for a week. Mental illness...I say....wears me out....what is it...this month...I listen. I go into their worlds...look at things through their eyes....sometimes it’s hard to get back...Jesus gave his disicples the power to cast out demons in his name.If only I could do that...in the name of Jesus, come out!!!...there are things to wrap up before she goes.

I’m heading home. See Edward heading this way and pretend I don’t. 

Stop by to visit with the Saigon Grill pickets. Want to have another meeting at West-Park next Friday. Concerned about building awareness of the Domino's boycott. Teddy has a lot of ideas. Get the t-shirt operation up and running again. Get the Columbia students wearing  t-shirts and talking abut it...OK. We’ll meet. We’ll talk.