Win for LA Carwash Workers: Jail terms, fines for owners

Friday, August 20, 2010

STEELWORKERS DRIVE FOR L.A. CAR WASH WORKERS
BRINGS NEW WIN: JAIL TERMS, FINES FOR OWNERS

LOS ANGELES (PAI)--The Steelworkers’ drive for decent wages, working
conditions and back pay for 18,000 exploited workers in Los Angeles-area car washes
-- a drive that produced a federal ruling precisely a year ago -- yielded a big victory in
court on Aug. 13: The two owners of the most-notorious car wash were sentenced to a
year in jail, four years’ probation, ordered to open their records to government probes
and will pay tens of thousands of dollars for environmental and safety violations.

The workers celebrated their win with a mass rally on Aug. 17 in front of the
facility, the Vermont Hand Wash, reported Chloe Osmer of Steelworkers District 12.
The Steelworkers backed the car wash workers’ 2-1/2-year campaign for union
recognition, dignity and respect on the job, and safe working conditions.

In late August 2009, that campaign had produced a sweeping National Labor
Relations Board ruling for the workers, which Vermont Wash owners Benny and Nissan
Pirian agreed to. The owners also had to allot more than $52,000 in back pay to four
workers they illegally fired for their union activities, and another $8,925 for work time the
entire labor force lost when Vermont unplugged its time clock during union picketing.

The job safety and health violations were turned over to city and state officials.
After settlement on those charges against the Pirians, Los Angeles County Federation
of Labor President Maria Elena Durazo declared: “Today, carwash owners are on notice
this is a new day in Los Angeles. Abuse of workers will no longer go unchecked.”
The fine for those violations could be up to $1.25 million, radio news reports said.

“The Pirian brothers were held accountable because workers at the Pirian
carwashes collectively stood up for their rights and for better conditions on the job. Their
efforts to organize for a voice are finally bringing accountability to the carwash industry,”
said Henry Huerta, director of the CLEAN Carwash Campaign.

In early 2009, the city attorney charged the Pirian brothers with 172 counts of
violating job safety, environmental and state wage and hour laws at their four car wash
businesses. Each brother pleaded no contest to six counts, including conspiracy, grand
theft and labor code violations, the city attorney’s office said.

Besides the year in jail, each Pirian received on four years’ probation, and they
were ordered to keep detailed payroll and job health and safety records open for
inspection by city, state and federal agencies. The court also banned them from
attempting to intimidate worker victims or witnesses.

Most of the car wash workers had to arrive 15 minutes before their shift started, were forced to stay half an hour after the car wash closed -- and weren’t paid for either
hunk of time. They were also discouraged or denied rest breaks, even in extreme heat.
Most were paid a flat $35-$40 daily and four were paid only by their tips.

In the NLRB case, the agency issued a broad “cease and desist order,” which it
uses “only against the most egregious labor law violators,” USW said. It called the
order “a dramatic victory for workers in an industry afflicted with sweatshop conditions.”

“Justice has been served. We are proud to join car wash workers and others in
the community in standing up to employers who intimidated, harassed and fired their
employees for pursuing their legal right to safe working conditions and a voice on the
job. Their struggle for justice is our struggle,” USW President Leo Gerard said then.

The car wash workers and the Steelworkers mobilized an area-wide campaign,
the Community-Labor Environmental Action Network (CLEAN) to demand justice for the
car wash workers.

Luz Elena Oseguera, a union supporter fired from Vermont Hand Wash, told the
crowd at the Aug. 17 rally, “I want to say to all carwasheros that what happened to the
owners of this carwash means there is justice for us workers. We are going to keep
fighting until we have a union, because that’s the only way that we are going to have
real justice on the job.”

“Carwash workers reported the violations that led to the criminal complaint, and
to this conviction. Owners should take notice that workers can -- and will -- continue to
expose illegal workplace conditions in their fight for a voice at work,” added Huerta. ###

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