Category Archives: Events and Highlights Archive

FLOC Sues NC Over Law Stripping Rights From 100,000 Workers

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On November 15, FLOC a coalition of civil rights groups filed a federal lawsuit challenging a state law that guts the ability of farmworkers to organize and make collective bargaining agreements with employers.

The lawsuit argues that the North Carolina Farm Act of 2017 impedes farmworkers’ First Amendment right to participate in unions, and asserts that the law is discriminatory, as more than 90 percent of the state’s agricultural workers are Latino. The Supreme Court has repeatedly affirmed that the government cannot impose special burdens on expressive associations such as unions.

The lawsuit was brought on behalf of FLOC and two FLOC members. It was filed by the Southern Poverty Law Center (SPLC), the American Civil Liberties Union (ACLU), the North Carolina Justice Center, and the Law Offices of Robert J. Willis. The groups are asking the court to block implementation of the law as the challenge proceeds.

“Politicians that are also growers shouldn’t pass self-serving laws simply because they don’t want their workers to unionize. With the continuation of Jim Crow-era laws that aim to stop a now almost entirely Latino workforce from organizing, this is an affront to freedom of association and smacks of racism. Companies like Reynolds American should be embarrassed that growers in their supply chains are attacking the very farmworkers who make their companies’ wealth,” said FLOC President Baldemar Velasquez.

More than 100,000 farmworkers provide labor to North Carolina farms, helping to generate more than $12 billion for the state economy. The vast majority are Latinos and work seasonally, many under temporary H2A visas.

The law bars farmworker unions from entering into agreements with employers to have union dues transferred from paychecks — even if the union members want it, and even if the employer agrees to the arrangement. Because North Carolina is a so-called “right-to-work” state, dues deductions can only occur when individual workers choose to have dues deducted. Many of FLOC’s members are guest-workers who lack ready access to U.S. bank accounts, credit cards and other means of making regular union dues payments, and they therefore rely on dues transfer arrangements to pay their union dues. If those arrangements become invalid, the union will be required to divert most of its limited resources to collecting dues individually from each worker.

The law also prohibits agricultural producers from signing any agreement with a union relating to a lawsuit, such as a settlement in which an employer agrees to recognize a union, or a collective bargaining agreement that includes a promise not to sue. FLOC has used such voluntary agreements with employers to secure critical improvements in working conditions at farms, such as higher wages and an end to exploitative recruitment fees and blacklisting. In addition, FLOC has successfully challenged tobacco giants, such as Reynolds American, Inc. to acknowledge their responsibility for the conditions workers face in their supply chains. The new law introduces major obstacles to FLOC’s ability to renew its existing agreements and pursue more in the future.

The groups are asking the court to declare the law unconstitutional under the First and Fourteenth amendments. They are also asking the court to grant preliminary and permanent injunctions, restraining state officials from enforcing the law.

The law’s primary sponsor was State Sen. Brent Jackson, who owns Jackson Farming Company and was recently sued for wage theft by Latino farmworkers who were helped by FLOC. State Rep. Jimmy Dixon, an owner of Jimmy Dixon farm in Duplin County, was the only legislator to speak in favor of the anti-worker provisions in the bill on the House floor. He said the law was necessary because “there seems to be a growing wave of folks that are interested in farm labor.”

Tobacco Farm Workers on Strike in Kentucky

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On Wednesday, seven tobacco farm workers who come from Nayarit, Mexico through the H2A guest worker program initiated a strike on Wayne Day’s farm. For the past three years, Day systematically cheated the workers out of the minimal wage. While the H2A minimal wage in Kentucky now stands at $10.92 per hour, Day paid the workers only $7 per hour in 2015, $8 in 2016 and $8 again in 2017. Additionally, the workers were at times paid by piece rate, earning them as little as $3 an hour despite working at a fast pace.

“We are on strike because of the unfair pay of the grower who hopes to get away with not paying us the correct wage.  We came to work for a better life for our families through sacrifice and sweat. But what we have been paid is insufficient. Even working at a high speed, we cannot earn a living wage on this farm.”  said Cristian Santillan, one of the leaders of the striking workers.

This year, the workers joined FLOC and asked Day to recognize the union, negotiate with FLOC, and pay back all stolen wages. On Sep 19, Stephen Bartlett, a FLOC organizer, delivered the legal demand letter to Day. The grower responded by saying that if the workers don’t like the wages he pays, they can return to Mexico. “This tactic is not going to work with these workers,” said Bartlett.  “They came to the US to support their families and communities back home, and they are going to fight for what is rightfully theirs and the wage promised to them in their work contract.”

On Oct 11, the workers initiated a strike, refusing to work until Day pays them back the stolen wages and agrees to pay them the minimum wage going forward. On Sunday, Oct 15, FLOC President Baldemar Velasquez and a FLOC support delegation will be visiting the workers to show solidarity for what may be the first tobacco farmworker strike in recent KY history.

For folk in Kentucky who want to support the workers:

Contact Stephen Bartlett (estebanbartlett@gmail.com, 502-415-1080) for upcoming solidarity actions! Please support the workers by contributing to a strike fund to support these members financially during the strike and in their struggle to win a union contract! 

 

IUF votes unanimously to join FLOC’s fight

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The IUF (International Union Federation) votes to join FLOC in an international fight against tobacco companies 

During the 27th IUF World Congress in Geneva, the IUF unanimously adopted a resolution co-authored by FLOC that calls on tobacco companies to guarantee farmworkers freedom of association. While many tobacco companies like Reynolds American, British American Tobacco, and Philip Morris International claim to have protocols that protect farmworkers, they continuously move production to countries where it’s easier to exploit workers through lower wages and safety standards.

In October 2016, FLOC traveled to Malawi, Africa to gather with union leaders from 8 tobacco growing countries in Africa and Latin American and discuss the common problems that farmworkers face globally: poverty wages, child labor, sexual harassment, lack of access to water, and job insecurity. In response to these issues and the failure of charity programs, trainings, and audits to have a meaningful effect on conditions in the fields, the coalition of unions drafted a resolution calling on unions to work together to fix issues in the transnational tobacco companies’ supply chains. Specifically, the resolution calls on Reynolds American and other tobacco companies to guarantee the right to freedom of association by creating a practical mechanism that allows workers to negotiate the conditions of their labor without fear of being fired or retaliated against.

“Today, we received phenomenal support from the IUF for our global tobacco campaign. Specifically we gathered significant support in launching the next phase of the campaign for a Vuse electronic cigarette boycott.” Said FLOC President Baldemar Velasquez

Listen to the Public News Service report on the passing of the IUF & FLOC resolution: International Effort Gains Momentum to Protect NC Tobacco Workers

 

FLOC Condemns White Supremacy

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FLOC Condemns the Violent Attack in Charlottesville, VA and Celebrates All Those Who Fight Against White Supremacy 

Our hearts go out to the people of Charlottesville, Virginia, especially to those who lost their lives or who were injured during Saturday’s racist attack. We also stand in solidarity with all those who in the face of these attacks have fearlessly taken action to confront white supremacy.

As someone who has been threatened with physical violence and has watched the Ku Klux Klan burn crosses in front of our strike headquarters, we are no stranger to this type of racial violence. We have seen this violence from farmers who seek to stop the progress that we have made and return the institutions of slavery and share cropping to the South and Midwest. We have seen this violence from local police who target our people and collaborate with ICE to tear apart our families. We have seen this violence from the NC state legislature, most recently with Farm Bill, SB 615, a targeted attack against our union and farmworkers who are fighting to improve their working conditions. And we have seen this violence from our president whose words and policies have not only directly hurt us but have also emboldened neo-Nazi and other white supremacist organizations to commit acts of terror.

Racism hurts us all and seeks to divide us as a people. Those who dismantle the structures and institutions of racism should be celebrated not criminalized. On Monday night, Takiyah Thompson removed the Confederate monument in Durham, NC that has for too long sent the wrong message about who we are as a nation. We applaud her actions and encourage everyone to commit to organizing and building unions and strong peoples organizations to challenge the systemic inequities in our daily lives.

In the words of Heather Heyer who died while fighting for what she believed in, “If you’re not outraged, you’re not paying attention.” FLOC is paying attention, and we remain committed to continuing the fight for racial and economic justice for all people.

 

In solidarity,

Baldemar Velasquez

FLOC speaks out against abuses in BAT supply chain

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Earlier this year, BAT announced that they will pay $49 Billion to acquire Reynolds American Inc. and become the world’s biggest tobacco company. 

Leaders of FLOC challenged British American Tobacco (BAT) during their Annual General Meeting (AGM) in London, UK about their failure to be transparent and take concrete action despite numerous reports detailing human rights abuses on BAT contract farms. 2017 marks the 7th year that FLOC has attended the shareholders meeting. During the 2014 AGM, BAT Chairman Richard Burrows claimed that there were no labor or human rights violations in the BAT supply chain. Since then, independent research groups including SwedWatch and Human Rights Watch have published reports detailing serious human rights abuses on BAT contract farms in Bangladesh and Indonesia respectively, echoing what FLOC has been reporting for years from the fields of North Carolina. In BAT’s own corporate audit report, they admitted instances of worker death by heat stroke, workers being sprayed by pesticides, and poor housing conditions, among other issues.

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Vice President Flores speaks out during the 2017 BAT AGM

In response to FLOC’s 10-year campaign demanding freedom of association and collective bargaining rights for tobacco farmworkers, BAT has responded with cosmetic approaches including corporate audits. During the AGM, President Velasquez asked when BAT would stop relying on questionable auditing companies and address the real systemic issues.

 

After the meeting, FLOC leaders met directly with BAT executives to discuss the issues and real solutions in more depth. While BAT has stated they want to work with FLOC to resolve issues in the BAT supply chain, these human rights violations will continue until BAT agrees to guarantee freedom of association and implement a practical mechanism that allows farmworkers to denounce abuses and act as their own auditors!

thumbnail_IMG_20170426_123906President Velasquez proposes solutions to BAT representatives

 

 

Click here to read about the global call, uniting tobacco workers in a global fight for justice. 

Members discuss issues with local sheriff

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On Sunday April 2, 2017, FLOC members met with the Sheriff and Captain of the Wayne County Sheriff Office to discuss how to begin building trust between the Latino community and local law enforcement. Given the current political climate and recent attacks on immigrant communities, it is increasingly difficult for communities of color to trust law enforcement agencies to serve out their function of protecting the people. In the meeting, members spoke directly with Sheriff Pierce about issues including racial profiling as well as presented suggestions for the Sheriff’s department on how they can earn the community’s trust.

 “It’s very important for you as the community to feel comfortable with the Sheriff’s office so that we can communicate together and that you are not afraid to come to us when a crime is committed.” – Sheriff Piece

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FLOC will keep working to ensure that police agencies in the region:

  1. Do not target undocumented workers for tickets: In North Carolina, undocumented people are barred from having NC drivers’ licenses. This discrimination means that undocumented people and their children are unable to fully participate in community activities, and that every time they must drive they do so at the risk of being ticketed and fined for not having a driver’s license. These tickets cost about the equivalent of a farmworker’s weekly wages. We oppose random traffic stops, targeted checkpoints, and the running license plates that targets immigrant families.
  1. Stop collaborating with ICE. While local police departments function separately from ICE, collaboration between the two agencies has created fear in the immigrant community that discourages people from reporting crimes. To build trust, it will be necessary for local law enforcement agencies to focus on protecting the community, not serving out the mission of a separate governmental agency.

This meeting marked the beginning of a process in which members of the community will gain a greater voice in how they want the police to serve and protect them. The next NC Associate Members Meeting is Sunday April 23, 3-5PM. For more information on how to get involved in the campaign, call our NC office 919-731-4433.

Click here to read more about our efforts to change police policy in Ohio!

El pasado Domingo abril del 2017, miembros de FLOC se reunieron con el Sheriff y Capitán del departamento de policía del condado de Wayne para discutir un plan de cómo crear un lazo de confianza entre la comunidad y la policía local. Dada la situación política y los recientes ataques en contra de la comunidad inmigrante, es cada vez más difícil para las comunidades de color confiar en las agencias judiciales para que cumplan sus funciones de proteger a la comunidad. En la reunión, los miembros hablaron directamente con Sheriff Pierce sobre temas como la perfilación racial, así como presentar sugerencias al departamento de policía de cómo se podrían ganar la confianza de la comunidad.

“Es muy importante para ustedes como comunidad que se sientan cómodos de acercarse a la policía, o no tener miedo y comunicarnos sobre cualquier crimen del cual hayan sido víctimas”- Sheriff Pierce

FLOC va a seguir trabajando para que las agencias judiciales en la region:

  1. No tomen como blanco a la comunidad indocumentada para los tickets: En Carolina del Norte, a las personas indocumentadas se les niega el derecho a adquirir una licencia de conducir. Esta manera de discriminar significa que toda persona indocumentada y sus familias son incapaces de participar plenamente en actividades comunitarias, y que cada vez que tienen que conducir lo hacen bajo el riesgo de ser detenidos y multados por no contar con dicha licencia de conducir. Estas multas son el equivalente al salario promedio de una semana de un trabajador agrícola. Estamos en contra de las paradas sin razon evidente, los retenes que toman como blanco a la comunidad inmigrante y de correr información de placas de familias inmigrantes.
  1. No colaboren con ICE. Si bien los departamentos de policía local operan independientes a ICE, la colaboración entre ambas agencias ha sembrado temor dentro de la comunidad inmigrante y los desalienta a reportar crímenes. Para restablecer la confianza con la comunidad, será necesario que las agencias locales de policía se concentren en proteger a la comunidad, sin cumplir la misión de una agencia gubernamental separada.

Esta reunión marcó el inicio a un proceso en el cual los miembros de la comunidad tendrán una voz más fuerte para expresar en como desean que la policía los sirva y los proteja. La próxima reunión comunitaria se llevará a cabo el próximo Domingo 23 de abril a las 3:00pm. Para más información favor de comunicarse al 919-731-4433.

Pon clic aqui para leer mas información de los esfuerzos de cambiar las políticas de la policía en Ohio!

 

“We are the strength of the union”

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For the last 9 years, union members have gathered in Monterrey before the start of the growing season to sharpen their skills as union leaders and organizers and discuss the union’s strategy on key issues. This leadership training plays a crucial role in empowering members with the necessary tools and knowledge to tackle the issues that they’ll confront when they arrive in the fields of North Carolina.

Training topics included: identifying and filing grievances, using the workers compensation procedure, participation in the union’s democratic process, negotiating for better benefits and pay, and supply chain strategies to improve conditions on farms.

“I see this meeting as the start of the organizing work in North Carolina. We get together with the most active and involved members to cover important topics, make a plan, and learn things that we’ll use in NC to improve the conditions in the camps and encourage other workers to join the union.”

 

Vice President Justin Flores

This year’s training on March 18 and 19 laid the groundwork for the 2017 quadrennial convention where members will vote for the union’s leadership, goals, and direction for the next four years. Members formed committees and discussed resolutions to present at the convention including a possible boycott of a Reynolds American tobacco product.

“We are the strength of the union. [In Monterrey], we proposed what will be carried out in the convention in Ohio. In each group that was formed, we discussed what we wanted, and from these we will bring a summary to Ohio to analyze and see what things the people are asking for and what are the needs of the union members.”

 

 

 

- FLOC member Rene Rubio

FLOC members Felipe, Albino and Eli also gave reports on their experiences as members of the negotiating team that helped negotiate a new 4-year union contract between FLOC and the North Carolina Growers’ Association. They covered specifics of the new agreement and highlighted how members can use the contract and its grievance mechanism to be their own camp inspectors and advocates for change.

A special thanks to the Solidarity Center of the AFL-CIO for sponsoring the training!

 

 

Por los últimos 9 años, miembros del sindicato se han juntado en Monterrey antes del comienzo de la temporada para mejorar sus dotes de liderazgo del sindicato y hablar de la estrategia sindical en asuntos importantes. Este entrenamiento del liderazgo juega un papel fundamental en empoderar miembros con las herramientas y conocimiento necesario para abordar los problemas que se enfrentarán al llegar a los campos en Carolina del Norte.

Temas de formación incluyeron: identificar y resolver agravios, usar el proceso de compensación laboral, participar en el proceso democrático del sindicato, negociar mejores beneficios y paga y la estrategia de organizar en las cadenas de producción para mejorar condiciones en los campos.

“Yo veo esta reunión como el comienzo del trabajo de organizar en Carolina del Norte. Nos juntamos con los miembros más activos, los miembros más involucrados. Tocamos los puntos importantes, hacemos un plan, aprendemos unas cosas que usamos allí en Carolina del Norte para ir mejorando las condiciones del campo, animando más compañeros para unirse a la unión” – Vice Presidente Justin Flores

El entrenamiento de este año que tomó lugar el 18 y 19 de marzo empezó a formar la base para la convención cuatrienal de 2017 donde miembros votarán por el liderazgo, metas y dirección del sindicato para los próximos 4 años. Miembros formaron comités y hablaron de resoluciones para presentar en la convención, incluyendo la posibilidad de un boicot de un producto de tabaco de Reynolds American Inc.

Somos la fuerza del sindicato. [En Monterrey], nosotros planteamos que se lleva al cabo en la convención en Ohio. En cada grupo que se formaba, se mencionaba que es lo que queríamos, y de todas esas se llevará un resumen a Ohio para que lo analicen y vean cuales son las cosas que está pidiendo la gente y las necesidades de los sindicalizados.” – Rene Rubio, Miembro de FLOC

Felipe, Albino y Eli, miembros de FLOC, también presentaron sus experiencias como miembros del equipo de negociación que ayudaron a negociar un nuevo acuerdo sindical de 4 años entre FLOC y la Asociación de Rancheros de Carolina del Norte. Abarcaron los específicos del nuevo acuerdo y enfatizaron como miembros pueden usar el contrato y su proceso de quejas para ser sus propios inspectores de campamentos y promotores de cambio.

¡Un agradecimiento especial al Centro de Solidaridad del AFL-CIO por patrocinar el entrenamiento!

Members Convene in Nayarit to Prepare for FLOC Convention

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On Sunday, January 8 2017, union members gathered in Santiago Ixcuintla, Nayarit Mexico to kick off a new year of organizing. 2017 represents numerous significant landmarks for FLOC. This September, members from across the South and Midwest will come together for our quadrennial convention and 50th Founding Anniversary Celebration. Members began preparing for the convention by forming committees and starting conversations about what they want their union’s priorities to be for the next 4 years.

 

In the agricultural off season, members who come to the US with temporary agricultural visas return to their homes in Mexico. For many members who come from the state of Nayarit, their work in the fields doesn’t end just because they have left North Carolina. Nayarit, located on Western coast of Mexico, grows more tobacco than any other state in Mexico.

Isidro Castro

Union member Isidro Castro took FLOC representatives on a tour of tobacco fields in Nayarit. Isidro explains that while the work is the same, the pay and conditions are not. What members make in an hour in North Carolina, they make with a whole day’s work in Mexico. Working in the fields in Mexico also means working without the protection of a union. Health and safety violations, wage theft and child labor are common, and there is no grievance mechanism to address these issues.

 

During the membership meeting, FLOC President Baldemar Velasquez explained the potential for FLOC’s tobacco campaign to end exploitation in the fields not just in the US, but also in Mexico. “It is time that we join with our counter-part workers in other countries and collectively press the tobacco companies to reflect dignity and respect throughout their global supply-chains.”

 

 

Songs for Justice Benefit Concert

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Thank you to all of the following donors who supported the 2016 Songs for Justice Benefit Concert. A special thanks to all of our volunteers and FLOC’s youth groups the FLOC Homies and FLOC Migos for helping to make the event a success.

 

Port Authority, Bruce Goldstein, Seamus Metress, Aron Velasquez, Baldemar and Sara Velasquez, Kate Jacobs, Christi & Aaron Wagner, Rick Velasquez, Historic South, Mary Templin, ABLE, Monica Morales, Duane and Maria Rodiguez Winter, Sofia Quintero Art & Cultural Center, Nick Wood, Peter Uvagi, Jon Richardson, Joe Balderas, Esther Guardiola, Elizabeth & Frankie Julian, Jack Kilroy, Mary Jane Flores, Judith Kincaid, Lourdes Santiago, Jon & Satya Curry, Oscar Sanchez, Jerry Ceille, Kathy Farber & Bill Armaline, Greater Northwest Ohio AFL-CIO, Toledo Public Library, Peter Uvagi, Sandra Cisneros, Ramon Perez, Ramon Deanda, Tiffany Kidd, Roman Arce, UAW, Lindsay Webb, Catherine Crowe, Jeremy Sprinkle, FLOC Migos, Tom Harris, Joni Rabinowitz, Marty & Dave Wagner, LIUNA Local 500, UU Universalists, Clearwater, FLA, Anitia Lopez, Justin Flores, Meliton & Esperanza Hernandez, Belia Spradlin, Dan Velasquez, Linda Weiderhold, Toledo Friends Meeting, David Shilling, Diana Coble, Tom & Lynn Nowel, Sesario & Lucy Duran, Elsa Barboza & Family, Molly Willbarger, Gary McBride, Raul Jimenez & Family, Mary Meyers and Glen Boatman

It’s not too late to donate to support farmworker and youth organizing. Click here to make a donation today.

After 26 years in the fields, Pablo is determined to see change

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Pablo is sharing his story as part of our “Voces: Somos FLOC/ Voices: We Are FLOC” campaign to highlight stories from our members to raise funds and build awareness to support the important organizing work our members are doing in the fields. Please consider making a donation today to support this campaign.


Haz clic aquí para leer la historia de Pablo en Español.

When Pablo first came to the US to work in the fields, he landed in rural Virginia. It was 1990, and he remembers the first grower he worked for taking him and his coworkers to the store to buy them all envelopes, notebooks, and pens to write letters home to their families. “We used to finish work and go back to the camp and write letters to our families, sometimes three or four a week,” he says.

DSC_0602_600x400Pablo worked in the fields of Virginia for 18 years. Then in 2009, he was sent to work in North Carolina, an experience he will never forget. “The grower was violent,” he recalls, “he screamed at us, and everyone was afraid of him.” It was common knowledge that the grower kept a gun in his truck, and while he never openly threatened anyone with it, the message was clear: do your work and don’t complain.

In 2013, he landed at a farm in Louisburg, NC, where he was offered extra work driving the van of workers to and from work and between the fields each day. When he noticed he wasn’t being paid for the extra hours spent driving, he confronted the grower. But the grower refused to pay. Feeling like he had no other option, Pablo continued driving for the rest of the season, but was never paid for his time. He wasn’t offered employment at that farm the following year, a move which Pablo is sure was a result of him questioning his pay.

Earlier this year, through a routine union visit at Pablo’s camp, Pablo learned that because he was covered by FLOC’s union contract, he had the right to file a complaint about the wages stolen from him in 2013. He filed the grievance, and immediately signed up to be a member of FLOC.

Last month Pablo won his grievance, and he and another worker who also drove the van received thousands of dollars in back wages.


DSC_0599_800x1200Each year, FLOC members gather for regional meetings where members like Pablo learn how to use the union contract to protect themselves at work, and strategize ways to continue building union membership and power.

Will you donate to help raise the funds needed to make sure workers can come to the meetings and participate in their union? A donation of $25 will sponsor a worker who wants to participate in the meeting.

Pablo says he joined the union because he wants to see workers get a fair share of the wealth in agriculture. “The growers invest a lot of money. But it’s us, the workers, who plant and harvest that money. They invest a lot of money, but we invest our time. We deserve good pay.”

For years, Pablo has watched growers exploit and silence workers on the various farms where he has worked, and now he is determined to do something to change it. He works tirelessly educating his coworkers about their rights under the union contract, and encouraging workers to speak up when there is a problem.

“When worker’s voices aren’t heard, when they say we don’t get to have an opinion, that is the same as saying that we are slaves,” he says. “The slaves didn’t have a voice or a vote. They worked and worked, and if they spoke out they were mistreated.”

Now, Pablo is a union leader at his camp. He just attended his first union meeting where workers received training on their rights under the contract, and strategized how to oPablo at members meetingrganize their coworkers and build the union. At the meeting, Pablo presented his case to over 50 workers as an example of why having a strong union and grievance procedure is so important. He’s not shy when it comes to encouraging others to become members. “I invite everyone to join the union and make complaints about problems,” he said at the meeting. “If we stay quiet then we are siding with the person who is doing wrong.”

Members like Pablo need your support to continue fighting for safe, humane working conditions, fair pay, and union rights. Will you donate $25, $50, $75, or whatever you’re able to support member organizing? You can easily donate online here, or send a check to 1221 Broadway St. Toledo, OH 43609.

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