Tip-Protection Bill Media Round-Up

Philly ROC had just opened our office this May, when an Advisory Board Member (Nadia Hewka?) alerted me to some comments that Councilman Kenney had mad about tip theft on KYW.

http://goo.gl/sN6zk

I have done a lot of work in City Hall but I had never had the chance to work with Councilman Kenney. I asked around in my network and didn’t turn up any leads. So, I “cold called” his office and spoke to one of his secretary’s.

Here is a tip for folks that want to try to move legislation in City Hall: most of the people that work for your City Council representatives know little about policy.

You see most of the people that work for your elected leaders are there to provide constituent services. They help people navigate bureaucracies. They fill pot holes. They are not political people and don’t know where to send you when you want to get legislation passed.

It took a couple of calls, but eventually we were connected with Sarah Sachdev.

Sarah is a very enjoyable person to work with. She has a great I for detail.

We had one or two conversations on the phone that help us understand each others interest and then Sarah sent us a draft of the bill.

We had one in person meeting to go over the details. It was voted on in the same form that the Councilman drafted it.

We also advocated in favor of the Paid Sick Leave bill during that meeting.

I don’t know if we can take credit for it, but the Councilman did change his vote from “no” to “yes” for final passage. Nice!

After a meeting with Councilman Kenney, we were ready to start building support to get this bill out of the Rules Committee.

Inquirer- http://goo.gl/xV6SL
Newsworks- http://goo.gl/yTtBZ
CBS- http://goo.gl/rkcSL
Gather.com- http://goo.gl/n7Eix
Weekly Press- http://goo.gl/VbTr3
Inquirer- http://goo.gl/IaDYI

After it got out of the Rules Committee, it was on to the vote. These articles and columns were all published within days of the vote.

Daily News- http://goo.gl/wQcjV
GrubHub- http://goo.gl/UeNr9
Philly.com- http://goo.gl/nyv27

(One bit of side commentary- Ronnie Polaneczky hints that #OccupyPhilly is responsible for some feces that was smeared on the wall of the City Hall concourse. I saw the photo of this floating around on twitter the day before her column. It is ridiculous to assume that the defacing of the transit terminal was caused by Occupy Philly. I saw a guy masturbating at the Juniper Trolley stop, I can’t blame that on the Mayor, right?)

One thing that I noticed in the press reports is that it looks like the National Restaurant Association (NRA) was there fighting the legislation early, dropped off toward the end and the slack was picked up by Stephen Starr.

The NRA’s stalking horse?

Though he never spoke publicly about it.

The Inquirer stated that the Mayor supported the legislation. That is my understanding too. Meanwhile, Grub Hub (nice stock photo of a gavel, guys), states that Starr claims that the Mayor “and all of city council” oppose the legislation.

I wonder where he gets his information from?

Councilman Brian O’Neill voted “no” and Coucilman Green voted “no.”

I have a lot of respect for Councilman Green. He did let me know that he planned on voting against the bill before the vote took place. I couldn’t understand his reasoning.

Later, when he spoke against the bill (I was gone, putting the finishing touches on the press release announcing the victory) I heard that he still didn’t make much sense.

Anyway, I have seen him go to the mat before for stuff he believes in. I don’t think his heart was in it. I think that he was throwing a bone to a constituent who opposed the bill, still knowing that it was going to pass.

Councilman Kenney rebutted him with saying, “It’s wage theft, plain and simple.”

We won a nice won for the little guys.

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Restaurant workers rejoice at victory party after winning added protection against wage theft.

Members of the Restaurant Opportunities Center of Philadelphia (Philly ROC) and their supporters gather at a party being billed as “OccupyFergie’s” at Fergie’s Pub following the passage of legislation that will protect their gratuities from being stolen by their employers.

Councilman James Kenney, a former restaurant worker, who was elected to city official in 1991, sponsored the Gratuity Protection Bill that makes the deduction of credit card fees from tips left by diners illegal. The majority of restaurant workers are low-waged workers with an average wage of only $14,000 per year and a minimum tipped wage of only $2.83 per hour for servers in Pennsylvania.

“Not having to worry about whether credit card fees are being taken out of my tips is going to make a big difference in my life. I know it might not sound like a lot of money, but it’s money that I earn from being a server. And every bit helps me take care of my family,” says one veteran restaurant worker who requested anonymity for fear of losing her job.

“I loose at least $5 per shift, that is at least $1300 a year. That’s a huge amount for me.” she states.

Philly ROC Coordinator, Fabricio Rodriguez expressed, “This is a great step in the right direction for Philadelphia restaurant workers. Servers, bartenders, and other front of the house restaurant workers, deserve, just like everyone else, the wages they have earned. No one should have their tips stolen from them.”

At the OccupyFergie’s party Phily ROC announced that their new worker center would plan to continue trying to prove the restaurant industry. Andrea Lemoins, ROC Philly Coordinator, toasted the victory and spoke of envisioning a restaurant industry with shared prosperity, “his business can be profitable and sustainable.”

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What would you call it if a person went into a restaurant, took a tip off a table near them and used it to pay for a portion of their meal? It would be called “theft.” It is still theft is it does perpetrated by your boss. Many Philadelphia restaurant employers are taking workers tips and using the money to pay for their own business expenses.
On Nov. 1, at 10 am, in Room 400 in City Hall, you can make this tip-stealing illegal by supporting City Council Bill 110341. (Download the flyer here ttp://goo.gl/FXM15 )

The restaurant industry was one of the few sectors of the economy to continue to grow throughout the Great Recession. Restaurant owners are elevated to rock star status and their profits have grown accordingly. At the same time, though, the wages of restaurant workers remain among some of the lowest in the nation. In fact, a recent study by the Bureau of Labor Statistics shows that restaurant and food related work are of the 6 of the 12 lowest paying jobs in America. http://goo.gl/VFhnO

Most restaurant workers earn poverty wages.

Despite that, a recent trend is taking hold at some of the most highly regarded restaurants in our city. Restaurant owners now regularly take out a portion of the credit card service usage fees (the percentage payment that credit cards companies charge to restaurants for the privilege of accepting credit cards as a form of payment) out of the tips of the workers.

Restaurant owners, without your or your server’s permission, are taking some of that tip and using it to pay for their businesses payment system.

What would you call it if a person went into a restaurant, took a tip off a table near them and used it to pay for a portion of their meal? It would be called “theft.”

The wide-spread, wage theft in our city needs to end.

On November 1 at 10 am, in City Council Room 400, Councilman Jim Kenney will introduce legislation to make it illegal for employers to take any portion of a worker tips to pay for the capital expense of accepting credit cards.

This legislation may effect taxi drivers, hair stylists and spa workers too.

Don’t expect this common-sense legislation to cruise through, though. Many powerful restaurant owners and their lobbying groups such as the Pennsylvania Restaurant Association and the Chamber of Commerce are putting pressure on our city leaders to prevent this from passing.

We cannot let them win.

Please join us and show your support for the Tip-Protection Bill on November 1 at 10 am in City Council Room 400.

ALSO, call these City Leaders and tell them to pass this bill!

Frank DiCicco’s office, (South Philly) ask for Sean McMonagle (sean.mcmonagle@phila.gov), 215-686-3459

Frank Rizzo’s office (At-Large) ask for Theresa Italiano (theresa.italiano@phila.gov) , 215-686-3440

Donna Reed Miller (Germantown/Chestnut Hill) ask for William Nesheiwat (william.nesheiwat@phila.gov) , 215-686-3424

Blondell Reynolds-Brown (At-Large) ask for David Forde (david.forde@phila.gov), 215-686-3438

Wilson Goode Jr. ask for Latrice Bryant (latrice.bryant@phila.gov) , 215-686-3414

Bill Greenlee ask for Noelle Marconi (noelle.marconi@phila.gov) , 215-686-3446

Darrell Clarke ask for William Carter (william.carter@phila.gov), 215-686-3443

Be sure to thanks Councilman Jim Kenny for sponsoring this legislation 215-686-3450!

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That is the title of the panel that I will speak on this Saturday at 3 pm at the National Lawyers Guild convention in Philadelphia. We will only be a few blocks from the #OccupyPhilly protest and a few hours (before or after, can’t tell) from the big labor march that will demand economic justice.

The panel that I am on will highlight leaders from some of the most exciting experiments on the edges of the labor movement including Ron Blount, the President of the Taxi Workers Alliance of PA, Estivaliz Caravaca, Coordinator of the Philadelphia Chapter of Domestic Workers United and Daniel Gross the Executive Director of Brandworkers International.

All of these leaders, including me, represent worker organizations that have found ways to win through alternative and often “non-union” strategies.

Each of us in our way has had to use alternative organizing models to win the rights of workers that face high barriers to traditional union organizing and I think that the victories of these worker organizations are a hopeful sign, that even as traditional unions decline, workers can still unite and win.

I have found myself talking about alternative organizing models more and more these days. I obviously don’t have all of the answers, but I do know that the writing is on the wall; business, politics, media and public perception are turned against the labor unions. The enemies of working people have advantaged politics and legal structures to nearly exterminate organized labor as a force. Finally, labor unions have atrophied to a point of weakness that give little hope of recovery. All the signs are bad.

Without organized workers our democracy is dead. We have to try new things and learn from the successful experiments like those on this panel. We have to fight back.

Here are two more recent bits of media in which I discuss alternative forms of organizing.

The first one is from a four part series on KYW radio on the State of Labor. My part is on the last segment (varying quality through out the series, like, what the hell is Mr. Wigglesworth even talking about?).

The next bit, “We Can Win,” is from the online zine, The Activist, by the Young Democratic Socialists.

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Norris is a member of Steamfitters Local 638 (NYC). He told me how he and his fellow co-coworkers have hardly had any work in the past two years. He told me that even the little things like “having a ice cold beer at the neighborhood bar” are now out of his budget.

He asked whether it made any sense to bomb and destroy other countries and have to rebuild them while our communities are falling apart.

Contact me at fabricio.rodriguez ( at ) gmail.com to help with labor outreach.

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October 6, 2011. 10 am at City Hall

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Impacto Latino features a very flattering profile of me in issue 147.

Basically, the article covers my life as a miner, studying economics, being the Executive Director of Jobs with Justice, my work fighting against the Hazleton anti-immigrant law, forming the PSOU and getting our contract, being a Center for Progressive Leadership fellow and my new job with Philly ROC. Finally, the article talks about me winning a 2011 Windcall Residency (learn more by clicking the Windcall tab on the banner).

Thanks for the love Impacto Latino!

I’m on the same page as the Dominican Ms. Philadelphia…sweet!

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The Restaurant Opportunities Center of Philadelphia (Philly ROC) is featured in a great piece by Jane Von Berger in the Inquirer today.

Von Bergen talks about some of our innovative programs like our “Front of the House 101: Intro to Bar-tending and Hospitality” which will start in a few weeks.

Next month, Philly ROC will begin classes to teach members the skills they need to move from low-paying kitchen work to higher-paid front-of-the-house jobs such as serving or bartending.

Next month, Philly ROC will begin classes to teach members the skills they need to move from low-paying kitchen work to higher-paid front-of-the-house jobs such as serving or bartending

If you are a restaurant worker interested in taking this free class, please fill out the sign up form here… http://goo.gl/uLNDw

Philly ROC has several other opportunities available to currently employed restaurant workers. To learn more, be sure to attend our open orientation on Wednesday, July 27th at 12 noon at 1329 Buttonwood St.

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The message is strong even though the audio is low. Turn it up with us by attending the Rally to pass Paid Sick Days on June 9 at 9 am at City Hall.

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