{"article":{"id":99448,"heading":"[gangbox] THE JAVITS CENTER SHUFFLE","author":"GANGBOX: CONSTRUCTION WORKERS NEWS SERVICE","created":"2004-01-05 16:16:53","modified":"2004-01-05 16:16:53","last_modified":"Mon, 05 Jan 2004 23:16:53","article":"<p>THE JAVITS CENTER SHUFFLE...discrimination, unequal distribution of <br>  <br> work and the pitfalls of seeking workplace justice in the court system <br>  <br> at New York City's convention center <br><br> By Gregory A. Butler, local 608 carpenter <br><br> On Friday, December 19th, a group of Black and Latin carpenters, <br>  <br> teamsters and housekeepers gathered in a conference room at the 1 Penn <br>  <br> Plaza offices of Milbank Weiss, a civil rights law firm. The workers <br>  <br> were part of a group of 80 minority employees of the Jacob K Javits <br>  <br> Convention Center Operating Authority who, back in the year 2000, filed <br>  <br> suit against the State of New York authority that operates the center, <br>  <br> charging racial and sex discrimination. <br><br> Some of the discrimination charges were quite extreme.. For instance, a <br>  <br> Black teamster even accused a group of White electricians of urinating <br>  <br> in his Gatoraide. Also, a White dock master allegedly referred to Black <br>  <br> male teamsters as \"my monkeys\" and called Black woman teamsters \"black <br>  <br> bitches\" who should be mopping floors, rather than driving forklifts <br>  <br> for $ 25\/hr.  <br><br> Despite those dramatic charges, the main issues behind the suit boiled <br>  <br> down to dollars and cents, and who got to work while others sat <br>  <br> home.... specifically, White workers allegedly getting to work more <br>  <br> frequently than Black, Latin or Asian workers, and males getting more <br>  <br> work than women. <br><br> Now, it's kind of interesting that these unionized workers have had to <br>  <br> go to an outside law firm to attempt to get justice, rather than being <br>  <br> protected by the unions they belong to.  <br><br> The unions that represent these workers are all supposedly strong labor <br>  <br> organizations...the carpenters are represented by the New York District <br>  <br> Council of Carpenters [NYDCofC], the teamsters are members of local 807 <br>  <br> of the International Brotherhood of Teamsters and the housekeepers, <br>  <br> along with the security guards and clerical workers at the Javits, are <br>  <br> members of another Teamster local, City Employees Union local 237 of <br>  <br> the IBT...a local union that actually has a Black president, one Carrol <br>  <br> \"Carl\" Haynes, who's also the head of the Teamsters Public Employee <br>  <br> Department and a Teamster international vice president  <br><br> There's another union at the Javits too, local 3 of the International <br>  <br> Brotherhood of Electrical Workers, which represents the electricians at <br>  <br> the center, but none of their membes are plaintiffs in this suit. <br><br> But, the unions have done almost nothing to protect their members from <br>  <br> these injustices.. The NYDCofC, Teamsters local 237 and Electricians <br>  <br> local 3 have done absolutely nothing.. The officers of Teamsters local <br>  <br> 807 referred their members to civil rights law firm Leeds, Morelli and <br>  <br> Brown..and then washed their hands of the matter.  <br><br> Leeds initially handled the case rather poorly. The lawyers implied <br>  <br> that the State of New York would quickly cave in with a generous <br>  <br> settlement. That was in line with Leeds previous experience suing <br>  <br> consumer products companies like Met Food Supermarkets, Nextel, <br>  <br> Prudential Insurance and Coca Cola..companies that can lose a lot of <br>  <br> sales to Black and Latin consumers due to bad publicity.  <br><br> However, the Javits Center is a state authority (that is, a corporation <br>  <br> owned by the State of New York) that provides business services <br>  <br> (specifically, a venue and labor for trade shows) to businesses and <br>  <br> corporations...  <br><br> And, for the most part, those exhibitors are WHITE OWNED businesses and <br>  <br> corporations.  <br><br> Bad publicity about racial discrimination wouldn't make a damned bit of <br>  <br> difference to these customers..hell, some of them might even support <br>  <br> the state's racial and sex discrimination.  <br><br> The only shows hosted by Black businesspeople at the Javits are <br>  <br> Kwanzaafest and the Black Expo..and they are among the smallest shows <br>  <br> at the Javits...  <br><br> Usually, both those shows use the smallest exhibit hall in the <br>  <br> building, 1A Hall on the lower level... <br><br> Laborwise, these shows are usually \"4 man calls\"..that is, only 4 <br>  <br> carpenters are required to set up the entire show, with ususally one <br>  <br> long day to move in, and a 4 to 6 hour \"down and out\" 1 day moveout. <br>  <br> Typically, similarly small numbers of teamsters and housekeepers are <br>  <br> also called for these shows. <br><br> Kwanzaafest didn't even come to the Javits this year, it went down 34th <br>  <br> Street to the Hotel Pennsylvania  <br><br> In short, the only businesspeople who might even care about the Javits' <br>  <br> civil rights record (that is, African American businesspeople) have <br>  <br> damned little leverage against the house. <br><br> Beyond the lack of leverage against the center, the State of New York <br>  <br> has a lot more power than Coca Cola or Met Foods had..they are, after <br>  <br> all, a government, and they can actually arrest people.  <br><br> 15 Javits Center carpenters and housekeepers found that out the hard <br>  <br> way in December 2000. <br><br> They got arrested on trumped up \"unemployment insurance fraud\" <br>  <br> charges..an act that was clearly intended as retalliation against the <br>  <br> lawsuit plaintiffs.  <br><br> 12 of those workers were among the 80 plaintiffs in the lawsuit and a <br>  <br> 13th, a Black woman carpenter, had met with Leeds but had not yet <br>  <br> officially signed on to the case. Two White male carpenters were put in <br>  <br> the mix....just so the case wouldn't look so blatantly retalliatory. <br><br> Then 3 teamsters were fired by the house... 2 were reinstated, but one <br>  <br> was fired again. The third was offered his job back..on the condition <br>  <br> that he sign a \"yellow dog contract\" barring him from ever publicly <br>  <br> criticizing the Javits Center ever again in his life.. He refused to <br>  <br> sign away his 1st Amendment rights..and the house refused to give him <br>  <br> his job back. <br><br> Bottom line, the state didn't have to roll over..and they didn't.  <br><br> They actually went on the offensive, where they remain to this day. <br><br> That's why the lawsuit is still dragging on..and Leeds actually had to <br>  <br> bring in another law firm to help them handle the case. Millbank Weiss <br>  <br> does class action lawsuits..and that's how Leeds plans to salvage the <br>  <br> case. <br><br> Using lawsuits to resolve job discrimination is a very common tactic <br>  <br> among workers both union and non union in this country...and, a whole <br>  <br> specialized branch of the legal profession has emerged to handle these <br>  <br> cases... including firms that solely focus on discrimination law. <br><br> However, leaving workplace justice in the hands of lawyers has serious <br>  <br> pitfalls...  <br><br> Number one, using lawsuits instead of struggling on the job leads to <br>  <br> worker passivity... Instead of taking matters into their own hands and <br>  <br> fighting for justice on the job, workers turn their struggle over to <br>  <br> the \"professionals\"..and the government's corporate-dominated court <br>  <br> system .   <br><br> Historically, Black and Latin carpenters, as well as other <br>  <br> tradespeople, have gotten racial justice on the job by taking the fight <br>  <br> to the streets under our own leadership, rather than passively waiting <br>  <br> for lawyers and courts to save us.  <br><br> I've written about that history of struggle by minority construction <br>  <br> workers on GANGBOX before, at : <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/954\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/954<\/a> <br><br> Beyond that political question, there is the reality that the law firms <br>  <br> are free to make deals with the employers at the expense of their <br>  <br> clients..and actually have an economic incentive to do so. <br><br> In Leeds Morelli and Brown's case, they were accused by WNBC-TV Channel <br>  <br> 4 News of doing just that..  <br><br> Leeds allegedly pressured workers at Prudential Insurance, Nextel <br>  <br> Communications and Penguin and Putnam Publishing to take small <br>  <br> settements...after Prudential, Nextel and Penguin and Putnam shelled <br>  <br> out millions of dollars to cover Leeds legal fees. <br><br> Even if the workers get fair representation from their lawyers, a <br>  <br> company can simply, in effect, \"buy off\" it's victims by paying out a <br>  <br> settlement..and then continue discriminating against future employees.  <br><br> There is no guarantee that a company will stop discriminating just <br>  <br> because it's been sued. <br><br> In other words, the Javits could simply pay these 80 workers..and keep <br>  <br> discriminating against other current and future minority and female <br>  <br> employees.  <br><br> Hell, depending on the terms, they actually could keep discriminating <br>  <br> against those 80 plaintiffs, as long as they paid them the settlement.  <br><br> A class action lawsuit might require some changes to the job referral <br>  <br> system..or, it could just pay some cash to minorities and women who <br>  <br> currently or formerly worked at the Javits, and the house could keep on <br>  <br> discriminating. <br><br> Also, there's a wider pattern of unfairness at the Javits Center that <br>  <br> this case cannot even touch.  <br><br> Race and sex isn't the only basis for favoritism at the center.  <br><br> There is a small clique of workers who work every show.  <br><br> Anonymous tradeshow carpenters have told this writer that there used to <br>  <br> be a book, where the names of 80 carpenters were listed..and those 80 <br>  <br> carpenters got work before any of the other 1,000 or so registered <br>  <br> trade show carpenters got work.  <br><br> Among the remaining 1,000 union carpenters registered at the Javits, <br>  <br> there are about 350 workers who don't work as steady as the top 80 <br>  <br> people, but they work some of the time. A lot of times, they get on by <br>  <br> shaping up, and replacing workers who were called but didn't report to <br>  <br> work.  <br><br> Unlike the carpenters in \"the book\", who get first dibs on the jobs, <br>  <br> and are on the call at just about every show, these workers are told <br>  <br> that \"this is a part time job, so don't expect to work every day\". <br><br> And, the remaining 550  or so carpenters only work on the very big <br>  <br> shows, when the house needs a lot of labor for a brief period of time.  <br><br> A similar 3 tier labor force situation prevails with the teamsters, the <br>  <br> electricians and the housekeepers. <br><br> Basically, there are three workforces at the Javits...a small steady <br>  <br> crew (who usually have some sort of family or social tie with <br>  <br> management), a larger crew who work sporadically, and an even larger <br>  <br> force who are only called in on the very big shows. <br><br> Now, there are Blacks and Latinos among the top 80 carpenters..some of <br>  <br> them are women too (a couple are even Black women)..but, that group is <br>  <br> largely White males. <br><br> And, of course, there are White males among the 350 or so workers who <br>  <br> work some of the time..and have to shape up to get on the rest of the <br>  <br> time. But, that workforce is disproportionately Black, Latino, Asian <br>  <br> and female <br><br> There are White males among the 500+ workers on the bottom too..but, <br>  <br> again that workforce is disproportionately minority and female as well. <br><br> However, favoritism in job assignments is LEGAL..sanctified both by <br>  <br> federal and state law, and by the union contracts of the New York <br>  <br> District Council of Carpenters, Teamsters local 807, Teamsters local <br>  <br> 237 and Electricians local 3. Favoritism is only illegal WHEN IT'S <br>  <br> EXPLICITLY BASED ON RACE OR SEX.  <br><br> Non racist and non sexist favoritism is perfectly legal..and union <br>  <br> sanctioned as well. <br><br> This lawsuit will not even challenge that state of affairs. <br><br> At that meeting on the 19th, the lawyers from Milbank did actually tell <br>  <br> the plaintiffs that the case could drag on forever with no <br>  <br> resolution...  <br><br> The lawyers, partisan Democrats, blamed \"Republican judges\" for this.. <br>  <br> This claim was made despite the fact that the biggest civil rights <br>  <br> victories in American courts happened under REPUBLICAN presidents, <br>  <br> Eisenhower and Nixon..and the DEMOCRATIC Carter and Clinton <br>  <br> administrations are largely to blame for gutting federal civil rights <br>  <br> law. <br><br> Of course, the real reason it's harder to get judgements in civil <br>  <br> rights cases these days is simple, and it has nothing to do with the <br>  <br> party in the White House.  <br><br> In the 1950's and 1960's, and even into the 1970's, there were people <br>  <br> marching in the streets, and even rioting in the streets. Revolutionary <br>  <br> Black workers groups like the Dodge Revolutionary Union Movement in <br>  <br> Detroit and the Coalition in New York City's construction trades forced <br>  <br> the government to take action. <br><br> Those brothers and sisters won those concessions in the streets... <br><br> Today, with the civil rigths movement all but dead..the government <br>  <br> doesn't have to show any consideration to minority workers. That's why <br>  <br> the government has abolished welfare, sent 2 million Black and Latin <br>  <br> people to prison, unleased thousands of violent cops on inner city <br>  <br> neighborhoods, tried to dismantle public housing..and has let racist <br>  <br> employers have a free hand.  <br><br> In this case, the government itself is the racist employer. <br><br> And fighting the government in it's own courts is not a logical answer. <br><br> To explain how things got as bad as they are at the Javits, it's <br>  <br> necessary to give a little background. <br><br> I've written about racism, sexism and other labor abuses at the Javits <br>  <br> Center before on GANGBOX, at : <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3076\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3076<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3762\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3762<\/a> <br><br> and <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4040\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4040<\/a> <br><br> Workers at the Javits Center, like many other carpenters, teamsters and <br>  <br> building service workers, are casual laborers. That is, they have no <br>  <br> guarantee of a full 5 day work week, or a full 52 week work year...they <br>  <br> actually aren't guaranteed any work at all. This \"at will employment\" <br>  <br> is very similar to the conditions that construction workers are <br>  <br> employed under..it's basically temp work with a union label.  <br><br> The work isn't distributed equally either..some folks work all the <br>  <br> time..some folks work sometimes and sit home at other times..and some <br>  <br> folks hardly work at all. <br><br> For these workers, having a steady job (something which workers in <br>  <br> regular jobs take for granted) is considered a privilige, that has to <br>  <br> be begged and grovelled for, something that can be taken away by the <br>  <br> employer at a moment's notice. <br><br> The Javits Center opened in 1986, to replace the small and aging New <br>  <br> York Coliseum as the city's main facility for trade shows for various <br>  <br> industries. The Coliseum, which was at 59th Street and Columbus Circle, <br>  <br> was owned by New York State's Metropolitan Transportation Authority <br>  <br> (MTA), and was demolished 5 years ago to make room for the multiuse <br>  <br> hirise towers of the AOL Time Warner Center. <br><br> The Javits Center was run by another state authority, the Jacob K. <br>  <br> Javits Convention Center Operating Authority. <br><br> Originally, it was operated similarly to other government owned trade <br>  <br> show venues in the city (the old Coliseum, the National Guard's <br>  <br> Lexington Avenue Armory and the Port Authority's Passenger Ship <br>  <br> Terminal)..that is, the govenment owned the building, but the day to <br>  <br> day trade show operations were run by private contractors.  <br><br> Decorating contractors like Texas-based Freeman Decorating Company and <br>  <br> Greyhound Bus Lines subsidiary GES actually booked the shows, and  <br>  <br> hired the labor. Display houses built the booths used by the <br>  <br> exhibitors, and some exhibitors hired display house carpenters to <br>  <br> actually set up and take down their booths at the shows. <br><br> The workforce that did this work was all unionized. Originally, when <br>  <br> trade shows began in New York City back in the 1920's, the workforce <br>  <br> were all \"expos\", that is, stagehands from Exposition Employees local <br>  <br> 829 of the International Alliance of Theatrical State Employees (IATSE <br>  <br> - the Stagehands Union).  <br><br> However, when the industry got big in the 1950's, after the MTA built <br>  <br> the New York Coliseum, other unions horned in on Stagehands local 829's <br>  <br> jurisdiction... <br><br> The New York District Council of Carpenters claimed setting up and <br>  <br> dismantling booths, putting down and taking up carpet, decorating <br>  <br> tables, and putting up and taking down drapery and signs.  <br><br> Electricians local 3 claimed the plugging in and unplugging of <br>  <br> electrical extension cords.  <br><br> Teamsters local 807 claimed the loading and unloading of trucks, <br>  <br> operating hilos and driving trucks to and from the warehouses of the <br>  <br> decorating contractors.  <br><br> As for cleaning work and the setting up and taking down of chairs and <br>  <br> tables, in the hotels, that work was claimed by local 6 of the Hotel <br>  <br> Employees and Restaurant Employees, in the Passenger Ship Terminal that <br>  <br> work was claimed by local 791of the International Longshoremen's <br>  <br> Association, and in the old Coliseum (and later on, in the Javits <br>  <br> Center) those workers were per diem government employees, represented <br>  <br> by Teamsters local 237. <br><br> After the other unions made their claims on the work of the expos, <br>  <br> local 829 were only left with taking freight from the loading dock to <br>  <br> the show floor, helping carpenters put up and take down booths, <br>  <br> dropping off and picking up carpet and furniture and other <br>  <br> miscellaneous tasks around the show. <br><br> Organized crime, specifically &lt; Cosa Nostra &gt; [the Mafia] had a lot to <br>  <br> do with how the work was parcelled out between the unions..as well as <br>  <br> which contractors did what work..and how work was distributed among <br>  <br> employees.  <br><br> Many of the \"company men\" (workers who got steady employment) were ex <br>  <br> convicts, who had not ratted out the mob when they went upstate, and <br>  <br> were rewarded after release with the steady employment they needed to <br>  <br> keep out of trouble with their probation officers.  <br><br> Some of those connected guys would steal while they were <br>  <br> working...mostly minor stuff that the exhibitors wern't going to ship <br>  <br> back to their companies anyway..but, occasionally, major items were <br>  <br> stolen too (computers, cars, fur coats..in one extreme case, a 60 foot <br>  <br> yacht was taken from the Boat Show) <br><br> When all of those connected company men were working, the remaining <br>  <br> jobs went to the union hiring halls, to be distributed among their out <br>  <br> of work members. <br><br> Basically, the steady carpenter, teamster, expo and electrician <br>  <br> workforce at the Javits and the other trade show venues were almost all <br>  <br> White males, many of whom had some sort of organized crime connection.  <br><br> The only chance that Black, Latin, Asian males, or females of any <br>  <br> color, or White males who lacked mob ties, had to work there was when <br>  <br> they needed a lot of labor, and called the hall for extra workers. <br><br> But, if you came out of the hall, you only got the day, and then you <br>  <br> got laid off. The connected guys, however, worked every show every day. <br><br> Then, in the mid 1990's, there was a problem. <br><br> The exhibitors were having problems with the current workforce. The <br>  <br> stealing and limited work skills of the steady company men was starting <br>  <br> to have a financial impact on the cost of doing shows here.  <br><br> Also, despite the fact that trade show a national industry, there are <br>  <br> radically different union rules, and radically different labor costs, <br>  <br> in different cities... <br><br> Places like Philadelphia and Chicago have New York-style union rules, <br>  <br> and New York-level labor costs.  <br><br> Other cities with similar union rules, like Detroit and Las Vegas, have <br>  <br> slightly lower labor costs... especially Vegas, which is in a right to <br>  <br> work state. <br><br> San Francisco, Los Angeles and Dallas, where Painters do carpenter <br>  <br> work, or Orlando and Atlanta, where the Stagehands do all the work, <br>  <br> also have lower labor costs. Orlando, Atlanta and Dallas are, like Las <br>  <br> Vegas, located in \"Right to Work\" states..which makes their labor costs <br>  <br> even lower. <br><br> Cities like Boston, Providence and the New Jersey Meadowlands, where <br>  <br> trade show work is done by all Teamster workforces, have even lower <br>  <br> labor costs. <br><br> The exhibitors wanted to push New York labor costs down - drastically. <br><br> It reached a point where the number of shows done in New York fell <br>  <br> drastically, and the Javits Center was \"dark\" (closed) for most of the <br>  <br> year.  <br><br> According to anonymous reports from trade show carpenters, Freeman <br>  <br> Decorating Company also supposedly privately threatened Giovernor <br>  <br> George Pataki that they would completely move out of the city, taking <br>  <br> the few remaining big shows (including the Auto Show and the Boat Show) <br>  <br> with them, unless they got the labor concessions they and the <br>  <br> exhibitors demanded. <br><br> Nationally, associations representing the business associations who put <br>  <br> on the trade shows have been demanding reduced labor costs and weakened <br>  <br> union rules at every convention center...Philadelphia, Chicago, <br>  <br> Atlanta, Las Vegas...and, of course, New York City. <br><br> In July 1995, Governor Pataki bowed to the demands of the exhibitors <br>  <br> and the decorating contractors, in very dramatic fashion. <br><br> First, Pataki pressured then Teamsters General President Ron Carey to <br>  <br> take over Teamsters local 807, and impose new leadership.  <br><br> Then, the governor leaned on the New York District Council of <br>  <br> Carpenters' then President, Fred Devine, to impose an elaborate <br>  <br> training and screening process on trade show carpenters.  <br><br> Electricans local 3 was also leaned on, forcing that local's leadership <br>  <br> to agree to their members becoming per diem state employees who would <br>  <br> no longer be employed directly by the contractors. <br><br> In the face of that union retreat, Pataki launched an armed attack on <br>  <br> Stagehands local 829. <br><br> A force of 200 New York State Police troopers were deployed to the <br>  <br> center, to remove the old workforce at gunpoint. About 300 carpenters, <br>  <br> expos and teamsters were barred for life from working at the center.. <br>  <br> many of them were actually ejected from the building by the state <br>  <br> troopers.  <br><br> Although 93 of the banned workers were carpenters, most of them were <br>  <br> expos. <br><br> A new set of labor rules was imposed on the Javits Center from the <br>  <br> barrels of those state troopers' 9mm's. <br><br> From now on, every Javits Center worker would be a state employee..not <br>  <br> civil service, of course, but a per diem worker, hired by the day, with <br>  <br> none of the job rights and guarantees of regular state workers. <br><br> The company men from the old Javits Center would have to reapply for <br>  <br> their jobs..with the exception of the folks who'd been banned from the <br>  <br> building. The workers who had been dispatched out of the halls to work <br>  <br> at the Javits would also have to directly apply for work at the <br>  <br> center...along with anybody off the street, union or non union.  <br><br> In the future, there would be no more workers dispatched from union <br>  <br> hiring halls..the state would operate it's own, non union, open shop <br>  <br> hiring hall in the center.  <br><br> There would be no out of work list, and no pretense of job referral <br>  <br> based on the person out of work longest getting to work first.  <br><br> Instead, the state's labor hall supervisor, one Phil Nepumuceno, and <br>  <br> his assistants, would refer whoever they wanted to jobs.. <br><br> Incidentally, despite the minority status of the labor hall supervisor, <br>  <br> (Phil is Filippino-American), the center was soon back to it's old <br>  <br> discriminatory job referral tricks. <br><br> Nepumuceno has since been replaced..and now a woman, one Ann Tassone, <br>  <br> is in charge of labor dispatching. That hasn't helped women carpenters, <br>  <br> teamsters and housekeepers at the center.  <br><br> To add insult to injury, besides the fact that job referrals are as <br>  <br> discriminatory as ever, Tassone is notorious for her rudeness and <br>  <br> verbal abusiveness to the workers..  <br><br> Apparently, Ann has the cowardly and bullying habit of  yelling at <br>  <br> people who can't yell back..because she could fire them at the stroke <br>  <br> of a pen.  <br><br> This is a far cry from Nepumuceno's style. Phil could be icy and short <br>  <br> with people..and had an obnoxious habit of refusing to shake hands with <br>  <br> carpenters or teamsters, apparently because he felt our hardworking <br>  <br> hands were \"too dirty\" to touch his. But he almost never raised his <br>  <br> voice or insulted the tradespeople. <br><br> The labor hall was actually open shop for the first 3 years..it wasn't <br>  <br> until 1998 that they required every carpenter, teamster and housekeeper <br>  <br> to actually join the union or be fired. <br><br> The labor jurisdictions had been realigned too..IATSE local 829 was out <br>  <br> of the mix.  <br><br> The work of the expos would now be done by low paid carpenter <br>  <br> apprentices and teamster helper checkers.  <br><br> Previously, teamster helper checkers and carpenter apprentices had <br>  <br> recieved journeylevel wages when they worked at the Javits..no more, <br>  <br> now, they'd be paid apprentice or helper level wages.  <br><br> In the case of the carpenter apprentices, they'd all get either AP 1 <br>  <br> (first year apprentice) or AP 2 (second year apprentice) pay..even if <br>  <br> they were actually a third year or fourth year apprentice.  <br><br> The state also took away time and a half for work after 4:30 PM, and <br>  <br> before 8AM..from now on, workers would get straight time for the first <br>  <br> 8 hours of their shifts, and would only get time and a half for OT and <br>  <br> Saturday work, with Sunday and holiday work at double time.  <br><br> How did the union's respond to this attack? <br><br> Did they fight? <br><br> Did they call a strike? <br><br> No....they retreated. <br><br> IATSE local 829, the expos union, the union that was literally driven <br>  <br> from the Javits at gunpoint by the State Police, did put up a <br>  <br> picketline when the state started hiring off the street.  <br><br> But, their main strategy was...to file a lawsuit (as we will see, the <br>  <br> current case isn't the first time when Javits Center workers would end <br>  <br> up losing out by relying on lawyers and court actions rather than using <br>  <br> their own strength and power on the show floor). <br><br> The expos union went to the American Civil Liberties Union, and said <br>  <br> that the constitutional \"freedom of association\" rights of the 300 <br>  <br> banned workers were threatened.  <br><br> The ACLU's legal reasoning was that these guys were fired because they <br>  <br> hung out with gangsters and members of  &lt; cosa nostra &gt;.  <br><br> The theory was this; constitutionally, Americans have the right to hang <br>  <br> out with anybody they want to, even career criminals, as long as they <br>  <br> aren't committing a crime. According to this lawyerish reasoning, <br>  <br> firing a worker for hanging out with criminals was illegal. <br><br> That argument went nowhere.. <br><br> And, quite honestly, it was not realistic to expect that argument to <br>  <br> get anywhere in today's \"lock em up and throw away the keys\" judicial <br>  <br> system... <br><br> In a country that locks away 2 million of it's citizens, in a state <br>  <br> with over 77,000 of it's residents in cages (mostly for petty <br>  <br> victimless crimes) it was not realistic to expect the courts to defend <br>  <br> the freedom of association rights of workers who were ex offenders. <br><br> Unless, of course, the expos were prepared to fight in the streets for <br>  <br> those rights. <br><br> The workers may or may not have been ready.. <br><br> The leadership of Expos local 829, and the IATSE as a whole, certainly <br>  <br> were not. <br><br> It almost goes without saying, local 829's ACLU lawsuit got nowhere, <br>  <br> and all 300 of those workers are still banned for life from working at <br>  <br> the Javits. <br><br> Again..here's another case where trade show workers got screwed by <br>  <br> passively relying on lawyers, rather than taking action, and fighting <br>  <br> for their jobs. <br><br> Now, imagine if local 829 had, instead of relying on the ACLU's <br>  <br> lawyers,  had instead simply had the 200+ banned expos, along with the <br>  <br> rest of the union's then 800 members, (and perhaps several hundred of <br>  <br> their brothers and sisters from Stagehands local 1 at the Broadway <br>  <br> theaters, along with several hundred other members of the 16 other <br>  <br> IATSE locals in the city) block the W 39th Street truck entrance to the <br>  <br> Javits Center (the only gate where trucks can go in to the huge <br>  <br> convention hall) during the July 1995 Fancy Foods Show, the first trade <br>  <br> show at the \"New Javits Center\"?   <br><br> Now, all of the exhibits come in on trucks..without those trucks, the <br>  <br> show doesn't happen.  <br><br> Even though most of the drivers are non union owner operator <br>  <br> truckers...the fact is, who's going to risk their life, and a heavily <br>  <br> mortgaged half a million dollar truck, in the face of 800+ angry <br>  <br> stagehands? <br><br> And some of those drivers are actually Teamsters..hell, some of them <br>  <br> are in local 807, the Teamster local with jurisdiciton over trade show <br>  <br> work at the Javits. Generally, New York teamsters are good about not <br>  <br> scabbing on picketlines... <br><br> The expos could have won their jobs back in the streets. <br><br> And, perhaps, forced the state to restore pre takeover labor conditions <br>  <br> for the carpenters and teamsters as well. <br><br> Instead, the union went the passive legal route..and lost, badly.  <br><br> Today, with their ejection from the Javits Center and the demolition of <br>  <br> the New York Coliseum, the local has barely 400 members, who subsist on <br>  <br> trade shows on the piers, in the armory, at Madison Square Garden and <br>  <br> in the hotels.  <br><br> The other unions did even less than local 829. <br><br> The NYDCofC and Teamsters local 807 actually encouraged their members <br>  <br> to scab on local 829, cross the expos picketline, and apply for the <br>  <br> expos jobs..  <br><br> Hundreds of union carpenters and teamsters (along with many union expos <br>  <br> as well) did just that, spending the day along with about 2,500 non <br>  <br> union workers standing in line on 11th Avenue and W 34th Street, <br>  <br> waiting for job applications from the center.  <br><br> Many of the non union workers were Black, Latino or Asian..as were many <br>  <br> of the teamsters and carpenters who applied for work. Many female <br>  <br> workers were out on that line too. <br><br> About a thousand workers were hired, and assigned as either carpenters <br>  <br> or teamsters. Several hundred were called to work the Fancy Foods Show <br>  <br> a few days later.  <br><br> Freeman Decorating Company still ran the show, and Canadian-based <br>  <br> display house Kadoke still had the contract to set up and take down <br>  <br> many of the booths.  <br><br> The only difference was, none of the workers (except for supervisors) <br>  <br> were actually on Freeman or Kadoke's payrolls, they were employed by <br>  <br> the Jacob K. Javits Convention Center Operating Authority, and <br>  <br> dispatched by the state to the contractors.  <br><br> The contractors could lay them off as they saw fit, and could give them <br>  <br> as many or as few hours as they wanted (carpenters had to get a minimum <br>  <br> of 4 hours pay per call, and teamsters a minimum of 8 hours).  <br><br> The contractors could also request particular workers by name if they <br>  <br> wanted too...a power that they would come to abuse in later years. <br><br> Initially, when the state took over the Javits Center, a lot of <br>  <br> minority carpenters and teamsters thought that job discrimination had <br>  <br> come to an end.  <br><br> And, at first, the workforce had a lot more workers of color than the <br>  <br> old Javits Center ever had. <br><br> We honestly expected that we would finally get the same opportunites as <br>  <br> our White coworkers, and there'd finally be some measure of equal <br>  <br> distribution of work. <br><br> Boy, were we wrong!!!! <br><br> Cause we ended up going from the frying pan right into the fire... <br><br> Within a very short period of time, a system of favoritism emerged that <br>  <br> looked a whole hell of a lot like the old &lt; cosa nostra &gt; run Javits <br>  <br> Center had..different faces, but the same story. <br><br> As this writer described it at the time in an article I wrote for Hard <br>  <br> Hat News, the Javits went \"From Goodfellas to Statefellas\" <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3<\/a> <br><br> The steady carpenters and teamsters were disproportionately White <br>  <br> males. There were a few Black and Latino steady carpenters and <br>  <br> teamsters..but, disproportionately, they were low paid APs or helper <br>  <br> checkers.. while the White males were disproportionately journeymen.  <br><br> Also, there were a few women, and even a few Black women, who ended up <br>  <br> being steady workers....unlike the old all male steady workfoce in the <br>  <br> Mafia days. <br><br> However, reportedy, some of those women allegedly got their steady jobs <br>  <br> on their backs..  <br><br> Allegedly, some White male supervisors, in particular at Freeman <br>  <br> Decorating Company, allegedly demanded sexual favors from women (in <br>  <br> particular from Black women) in return for steady work... <br><br> To put it crudely, these unfortunate sisters literally had to \"suck up <br>  <br> to the boss\" to get a steady job!!!!! <br><br> For the rest of the workers, it was just like the Mafia days..and, <br>  <br> actualy, it was a little worse. <br><br> Since these jobs no longer came from the union hiring halls of the <br>  <br> NYDCofC, local 807 and local 829, there was no pretense of fair <br>  <br> distribution of work for the bulk of the employees.  <br><br> Instead, jobs were handed out on the basis of pure favoritism...and, <br>  <br> the bulk of the workforce had to subsist on scraps, while a few got <br>  <br> steady jobs. <br><br> It was in this climate of rank favoritism that the open racial and sex <br>  <br> discrimination emerged. <br><br> Also, the business climate that the Javits Center operated in changed. <br><br> The late 1990's was the time of the Dot.com boom, when lots of stock <br>  <br> swindlers set up dubious internet companies, and burned through <br>  <br> billions of dollars of investment capital. Many computer industry <br>  <br> related trade associations held large shows at the Javits Center at <br>  <br> that time, drumming up lots of business, and creating lots of work <br>  <br> hours for carpenters, teamsters and housekeepers. <br><br> Of course, those hours of work were distributed unfairly, as I've <br>  <br> pointed out above. <br><br> But, the bottom fell out of that boom in 1999, and those shows started <br>  <br> getting smaller and smaller, with some being totally cancelled. Which <br>  <br> meant less work hours overall. And even less hours for the low workers <br>  <br> on the totem pole. <br><br> And, September 11th totally screwed things up. <br><br> The center shut down that day, and was used as a barracks for the New <br>  <br> York State Police and New York National Guard for several weeks after <br>  <br> the bombing. A few carpenters and teamsters got a few hours of work <br>  <br> dismantling the show that was moving in the week of the bombing, but <br>  <br> that was it for quite a while. <br><br> Many many workers found themselves sitting home jobless for a long <br>  <br> time..and, to add insult to injury, the New York County District <br>  <br> Attorney's office actually ARRESTED AND PROSECUTED several jobless <br>  <br> Javits Center workers for the \"crime\" of APPLYING FOR WTC DISASTER <br>  <br> ASSISTANCE!!!! <br><br> When the center reopened as a trade show venue, there had been a great <br>  <br> decline in the number of shows that came here. This was due to the fall <br>  <br> of the Dot.com boom, and the declline of the computer shows, and the <br>  <br> fact that several other trade show venues had crammed Javits <br>  <br> Center-style \"labor reforms\" down the throats of their workers..in <br>  <br> particular in Chicago, Las Vegas Atlanta and Philadelphia. <br><br> The Carpenters, Teamsters and Electricians signed concessionary <br>  <br> agreements at Chicago's Mc Cormick Place, merging 6 crafts into 3, and <br>  <br> cutting premium wage rates for evening and late night work.  <br><br> Billy Hogan, the head of Teamsters local 714, the trade show teamsters <br>  <br> local in Chicago was the architect of these givebacks.  <br><br> Besides signing giveback ridden agreements, Hogan has actually gone one <br>  <br> step beyond in his betrayals of his members, and has openly stepped <br>  <br> over to the employer's side of the table.  <br><br> He is actually the chairman of a national committee of trade show <br>  <br> exhibitors. Their goal is to weaken the union rules at all the <br>  <br> convention centers, and reduce conditions down to right to work levels. <br><br>  <br>  <br> Of course, it's really not that surprising that Billy Hogan would ally <br>  <br> himself with trade show employers against trade show workers...since <br>  <br> Hogan's relatives are actually EMPLOYERS at Mc Cormick Place.   <br><br> The teamsters who work for those equipment rental companies have the <br>  <br> dubious fate to have members of the Hogan family on both sides of the <br>  <br> bargaining table when their contracts get negotiated.  <br><br> Similar givebacks were made by the Stagehands union at Atlanta's World <br>  <br> Congress Center. Their union hiring hall was replaced by a management <br>  <br> controlled job referral system...with the same discriminatory, <br>  <br> favoritism ridden \"hire by name\" system we have at the Javits. <br><br> The Teamsters at the Las Vegas Convention Center actually signed an <br>  <br> open shop agreement that lets non union temps from scab employment <br>  <br> agency United Temps work on the show floor side by side with union <br>  <br> members, and legalizes favoritism, allowing contractors to pick and <br>  <br> choose which members they will hire.  <br><br> Incidentally..United Temps just happens to be owned by relatives <br>  <br> of....our friend Billy Hogan. <br><br> The Carpenters, Laborers, Teamsters, Stagehands and Electricians also <br>  <br> signed a concessionary agreement at the Philadelphia Convention Center, <br>  <br> which forced the workers to be employed by a temp agency, rather than <br>  <br> being directly on a decorating contractor's payroll, gave up premium <br>  <br> pay for evening and overnight work, gave up the right of union workers <br>  <br> to shape up if they didn't have a call, and gave up union control over <br>  <br> job referrals, imposing Javits Center-style \"hire by name\" favoritism <br>  <br> on the workforce.  <br><br> Interestingly enough, the Philly deal was held up for a while by a <br>  <br> racial discrimination issue.  <br><br> The carpenters at the convention center down there are largely <br>  <br> White..and the laborers at that center are predominantly Black.  <br><br> So, the jurisdictional disputes over trade show work between those two <br>  <br> unions had a strong racial subtext...  <br><br> It wasn't just carpenters vs. laborers..it was really White vs. Black, <br>  <br> South Philly vs. West Philly, an economic race war brilliantly <br>  <br> disguised as a jurisdictional dispute..  <br><br> In the end, the carpenters and laborers got lumped into a common labor <br>  <br> class...so, the racially charged disputes over work assignments will <br>  <br> probably continue..if anything, they might get worse. <br><br> The Carpenters in Atlantic City signed a giveback ridden deal similar <br>  <br> to the Philadelphia sellout at the Atlantic City Convention Center. <br><br> In New Orleans, the Carpenters Union actually scabbed on a Stagehands <br>  <br> Union strike at the Convention Center to assist Freeman Decorating <br>  <br> Company in ramming concessions down the workers throats. <br><br> Also, many cities, like Cleveland, Washington DC and Boston, are <br>  <br> expanding their convention centers, and trying to ram concessions down <br>  <br> the trade show workers throats as the price of getting more shows. <br><br> Up in Canada, in Edmonton, Alberta, the city actually openly broke the <br>  <br> union at the Shaw Centre. The United Food and Commercial Workers, which <br>  <br> represents all the trade show workers up there, was locked out..and <br>  <br> it's members replaced by scabs. <br><br> In other words, there's less shows to go around..and there's a race to <br>  <br> the bottom in the industry, with unions being pressured to lower <br>  <br> standards and wages to get the declining amount of work. <br><br> The Javits Center was a national leader in trade show industry labor <br>  <br> abuse and givebacks in 1995..but not anymore. <br><br> Of course, this attack on trade show workers had a sharp racist edge. <br>  <br> And that edge was keenly felt by workers of color at the Javits. <br><br> Over time, the Blacks, Latinos and Asians who were hired as AP 1s and <br>  <br> 2s or helper checkers in 1995 became journeylevel carpenters and <br>  <br> teamsters..and saw their work calls be sharply reduced, and their place <br>  <br> taken by newly hired APs and helper checkers. This is especially true <br>  <br> for the Black women APs. <br><br> For the housekeepers, most of whom are Latina women, things were even <br>  <br> worse..they were the lowest paid workers at the center, unlike <br>  <br> carpenters and teamsters they didn't have the option of working <br>  <br> elswhere and they also had a rankly unfair system of distributing work. <br><br> Where were the unions when all of this happened? <br><br> The NYDCofC did next to nothing...they signed three back to back <br>  <br> concessionary trade show collective bargaining agreements (1995, 1998, <br>  <br> 2001), allowed the Javits Center to use unlimited numbers of <br>  <br> apprentices in place of journeylevel carpenters, stamped the words <br>  <br> \"TRADE SHOW ONLY\" on the union cards of newly hired Javits Center <br>  <br> carpenters to bar them from work in outside construction, and generally <br>  <br> speaking let the house have it's way with Javits Center carpenters with <br>  <br> very little resistance. <br><br> Of course, the Javits Center, and the trade show industry in general, <br>  <br> have always been a sideshow for the NYDCofC.  Even though the Javits, <br>  <br> with nearly 1,000 registered carpenters, is the largest single union <br>  <br> carpenter employer in the city (and probably one of the biggest UBCJA <br>  <br> signatories in North America), the overwhelming majority of the union's <br>  <br> 19,000 active members are employed in building construction. <br><br> In the old days, the trade show industry was a minor carpenter <br>  <br> jurisdiction, which provided steady work for a few, mostly mob <br>  <br> connected, carpenters, and provided sporadic work for local carpenters <br>  <br> waiting for a regular construction job out of the hall.  <br><br> Since the takeover, there are now a large pool of carpenters who almost <br>  <br> exclusively work in the trade show sector....but, still, the trade show <br>  <br> carpenters have generally been treated like red headed stepchildren by <br>  <br> the council. <br><br> There's a racial factor as well.  <br><br> While the Javits Center's carpenters are heavily Black, Latin and <br>  <br> Asian, the the trade show carpenter workforce in the hotels on the <br>  <br> piers and in Madison Square Garden is largely White. And, the council's <br>  <br> construction membership is still majority White, and the union's <br>  <br> leadership is overwhelmingly so, with only 1 of the NYDCofC's 10 locals <br>  <br> (Brooklyn Carpenters local 926) even having Black officers. <br><br> This might explain why the NYDCofC has done next to nothing to aid in <br>  <br> the civil rights struggle at the Javits. <br><br> Teamsters local 807 did a little bit..they found a law firm for the <br>  <br> discriminted against members (Leeds, Morelli and Brown), and they did <br>  <br> try to fight the house on some of the unfair firings. <br><br> The fact that local 807 is more willing to assist trade show workers <br>  <br> than the NYDCofC may be due to the fact that the trade show teamsters <br>  <br> make up a large proportion of the union's membership.  <br><br> 807 mainly represents workers for unionized freight carriers like <br>  <br> Yellow, ABF and Roadway, and they also represent a number of factory <br>  <br> and warehouse workers as well..but, a big chunk of their members work <br>  <br> at the Javits, under the old union rules at the piers, the armory, the <br>  <br> hotels and Madison Square Garden or in the warehouses of Freeman <br>  <br> Decorating Company, GES, Convention Services Inc and the other <br>  <br> decorating contractors and display houses. <br><br> Also, in the future, 807 will probably more and more be a predominantly <br>  <br> trade show local. Many unionized freight carriers are either going out <br>  <br> of business or going non union..and, many New York City and Northern <br>  <br> New Jersey factories are reducing their workforces or closing down and <br>  <br> moving down south or to Mexico. This will probably lead to a long term <br>  <br> decline in 807's non-trade show membership. <br><br> The decline of local 807's freight membership is part of a general <br>  <br> crisis in the International Brotherhood of Teamsters. I've written <br>  <br> about that crisis before on GANGBOX, at : <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/1095\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/1095<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/1793\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/1793<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/1877\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/1877<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2325\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2325<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2729\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2729<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3596\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/3596<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4380\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4380<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4855\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4855<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/5327\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/5327<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/5359\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/5359<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/7878\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/7878<\/a>  <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8601\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8601<\/a> <br><br> and <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8822\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8822<\/a> <br><br>  <br>  <br> Racially, 807 is a White-led local..but, the membership is largely of <br>  <br> color. There are many White workers in freight, but that sector has a <br>  <br> substantial Black and Latin workforce. The local's factory workers are <br>  <br> overwhelmingly Latino as well..and, of course, since the takeover, the <br>  <br> Javits Center trade show teamster workforce has become largely Latin <br>  <br> and Black...while the trade show workforce in the hotels remains <br>  <br> largely White. <br><br> Teamsters local 237 did next to nothing for the Black and Latin <br>  <br> housekeepers, or for that matter for the portion of the Javits Center's <br>  <br> security guards that they also represent..another low paid, largely <br>  <br> minority female job (many of the guards are Black women).  <br><br> Ironically, Teamsters local 237 HAS A BLACK PRESIDENT, Caroll \"Carl\" <br>  <br> Haynes, who happens to be the most powerful Black man in the Teamsters <br>  <br> Union...since he's an international VP and head of the Teamsters Public <br>  <br> Employee Department, as well as the principal officer of the 25,000 <br>  <br> member local 237, the largest local union in the entire International <br>  <br> Brotherhood of Teamsters. <br><br> You'd think that Carl would step up for the sisters and brothers from <br>  <br> local 237 at the Javits.. <br><br> Think again.. <br><br> Of course, very few of local 237's members work for the Jacob K. Javits <br>  <br> Convention Center Operating Authority.  <br><br> 10,000 of the local's 25,000 members are New York City Housing <br>  <br> Authority building service workers, skilled trades construction workers <br>  <br> and office employees.  <br><br> The local also represents lawyers for the City of New York, (they have <br>  <br> their own autonomous division of the local, the Civil Service Bar <br>  <br> Association).  <br><br> 237 also represents a lot of the city's legion of unarmed special law <br>  <br> enforcement agents.  <br><br> This includes the unarmed special police who write tickets for the <br>  <br> Department of Sanitation and the New York Police Department's Traffic <br>  <br> Bureau. <br><br> The local also represents the peace officers who patrol the City <br>  <br> University of New York's campuses and the facilities of the NYC Health <br>  <br> and Hospitals Corporation.  <br><br> The city's 'welfare police' are also in 237; the special officers who <br>  <br> patrol the Human Resources Administration's welfare offices and the <br>  <br> Department of Homeless Service's shelters, as well as HRA's welfare <br>  <br> fraud investigators.  <br><br> The state employed special officers who patrol the Javits Center are <br>  <br> also 237 members...but, the private security guards from RAV and the <br>  <br> other privarte security companies are not. <br><br> The union devotes a lot of time and energy to defending and expanding <br>  <br> the authority of it's law enforcement members...it constantly appeals <br>  <br> to the legislature to increase their arrest powers, expand the range of <br>  <br> weapons they can carry, improve their body armor..and, increase the <br>  <br> amount of force they are allowed to use against the public. <br><br> By contrast, the 400 or so Javits Center housekeepers in the local are <br>  <br> forgotten stepchildren. <br><br> There's also a racial and gender politics angle...the local is run by a <br>  <br> Black man..and the majority of the trade show housekeepers are Latina <br>  <br> women, with a large contingent of Latino males as well.  <br><br> Also, the local is currently going through electoral turmoil, with the <br>  <br> local's leadership split between Blacks on the one side, and Whites and <br>  <br> Latinos on the other.  <br><br> The Javits housekeepers have the bad luck to fall on the wrong side of <br>  <br> that racial divide.  <br><br> Electricians local 3 has done absolutely nothing about these abuses <br>  <br> either.  <br><br> Of course, local 3 made it's own private deal before the state rammed <br>  <br> it's concessions down the other union's throats at the point of state <br>  <br> trooper's guns. And, the Electricians union's overwhelmingly White <br>  <br> leadership has never been particularly known for it's enlightenment on <br>  <br> racial or sex discrimination questions. <br><br> Neither has the expos union, Stagehands local 829. IATSE has done <br>  <br> nothing since the lawsuit for the 300 banned workers fizzled...they <br>  <br> haven't even tried to get their union back in the center, or to have <br>  <br> the AFL-CIO sanction the Carpenters and Teamsters for taking their work <br>  <br> and crossing their pickeline <br><br> Today, local 829 is down to 400 members, less than half what they once <br>  <br> had.  <br><br> Some of 829's members quit the union to join the NYDCofC or Teamsters <br>  <br> local 807 so they could stay at the Javits.  The remainder work at the <br>  <br> other trade show venues that still employ expos, or work as local 1 <br>  <br> stagehands at entertainment venues like Radio City Music Hall, Madison <br>  <br> Square Garden and the Broadway theaters. <br><br> As for the racial stuff..local 829 has an all White leadership...and <br>  <br> the local had damned few Black or Latin members in the pre takover <br>  <br> days, and has almost none now. 829 shares that overwhelmingly White <br>  <br> status with the other major IATSE locals in New York, New York <br>  <br> Stagehands local 1 (Broadway theaters), Brooklyn Stagehands local 4 <br>  <br> (shop workers who make sets for TV shows) and Studio Mechanics (motion <br>  <br> picture film crews) local 52.  <br><br> There are very few Black or Latino males in local 1 or local 4, and <br>  <br> almost no Black women or Latinas. <br><br> Just about the only Black workers in local 52's movie set jurisdiction <br>  <br> are security guards and \"parking coordinators\" (the folks who keep <br>  <br> people from parking on streets where movies are being filmed)..and <br>  <br> IATSE has not organized either one of those crafts at this time. <br><br> Of course, since the lawsuit failed, the local has made no attempt to <br>  <br> reassert it's jurisdiction over the Javits Center..so it's not <br>  <br> surprising that they've turned their backs on what goes on out <br>  <br> there...as if the local's leaders would ever go out of their way to <br>  <br> deal with racial discrimination. <br><br> Nationally, there has been no attempt to coordinate any kind of <br>  <br> resistance by the main unions with jurisdiction over the industry; <br>  <br> United Brotherhood of Carpenters and Joiners of America, International <br>  <br> Brotherhood of Teamsters and International Alliance of Theatrical Stage <br>  <br> Employees. <br><br> Nor has an effort been made by the unions who represent smaller but <br>  <br> still significant numbers of trade show workers; International Union of <br>  <br> Painters and Allied Trades, International Brotherhood of Electrical <br>  <br> Workers and the Hotel Employees and Restaurant Employees.  <br><br> Nor has any effort been made by unions that represent small isolated <br>  <br> pockets of trade show workers; Service Employees International Union, <br>  <br> Laborers International Union of North America,  International <br>  <br> Longshoremens Association, Communications Workers of America and the <br>  <br> American Federation of State, County and Municipal Employees. <br><br> Despite the fact that this is a national industry, the workforce is <br>  <br> divided up into over 90 local collective bargaining agreements. Labor <br>  <br> conditions, union jurisdictions and wages vary radically from state to <br>  <br> state, city to city and even building to building..  <br><br> For instance, the Javits Center has it's own union rules, but, just 10 <br>  <br> blocks up 11th Avenue, there's a totally different set of contracts <br>  <br> that covers the Passenger Ship Terminal. And, just 7 blocks down West <br>  <br> 48th Street from the Passenger Ship Terminal, there's still another set <br>  <br> of union rules that govern the Marriott Marquis. And, just 14 blocks <br>  <br> down 7th Avenue from the Marriott, there's still another set of union <br>  <br> rules for trade show work at Madison Square Garden. <br><br> The contractors like this, because they can whipsaw one cities unions <br>  <br> against anothers...notice how, as soon as Philadelphia's trade show <br>  <br> unions signed a concessionary agreement, Atlantic City's unions <br>  <br> followed suit.  <br><br> And, of course, Philly's unions wouldn't have rolled over if Chicago's <br>  <br> unions hadn't.  <br><br> And, the Chicago unions wouldn't have let the decorating contractors <br>  <br> have their way with them if New York's unions hadn't let the Javits <br>  <br> Center union rules get gutted by the state. <br><br> The exhibitors, along with Billy Hogan, the head of the Chicago Trade <br>  <br> Show Teamsters local, have been trying to simplify the different union <br>  <br> rules..with a view of dragging down high wage strict union rule cities <br>  <br> like New York, Chicago and Philly down to the low wage open shop <br>  <br> free-for-all conditions of Dallas, Las Vegas and Atlanta. <br><br> And, actually, we as trade show workers would be better off with one <br>  <br> set of union rules..but, of course, we should bring up the cities with <br>  <br> weak union rules up to the New York standard, not the other way around. <br><br> And, I shouldn't even have to add this, but there needs to be a demand <br>  <br> for fair hiring at these places, not only racially and gender-wise, but <br>  <br> in terms of equal distribution of work...everybody should get a shot at <br>  <br> work, and everybody should have to spend some time at home when the <br>  <br> house is dark. Nobody should be denied work because of their color or <br>  <br> their sex..and, it should almost go without saying, no woman should <br>  <br> have to have sex with a supervisor just to get a damned work call!!! <br><br> But, considering the inactivity of the unions..how do we carry this <br>  <br> out??? <br><br> A good place to start would be for trade show workers to start fighting <br>  <br> on their own. In particular, those Black, Latin and female workers <br>  <br> who've been harshly affected by discrimination should step up and begin <br>  <br> organising on our own, to pressure the convention centers, the <br>  <br> contractors, the exhibitors, the government and THE UNIONS to impose <br>  <br> fair hiring rules on these facilities. <br><br> This would be an especially good idea in cities where there are plans <br>  <br> to expand the convention centers. <br><br> As it happens, that's exactly what's planned for the Javits Center. <br><br> The State of New York, City of New York and the New York Jets, along <br>  <br> with private real estate developers and major Wall Street money center <br>  <br> banks, are planning to build a domed stadium over the Long Island Rail <br>  <br> Road Yards on West 32nd Street..which is immediately south of the <br>  <br> Javits Center. <br><br> The Stadium will be built on top of a platform over the railroad yards, <br>  <br> and will be the anchor tenant for a huge multi block development, <br>  <br> involving a hirise office tower, a shopping mall, and lots of luxury <br>  <br> apartment houses..along with an expansion of the Javits Center. <br><br> The city and state have already met with bankers to get them to <br>  <br> underwrite a $ 2 billion dollar bond issue to pay for this development, <br>  <br> and NYC and NYS have each put up $ 300 million bucks apiece..and, the <br>  <br> Hess family, the owners of the Jets, will pony up $ 800 million. <br><br> Now, $ 3.4 billion dollars is a hell of a lot of money..and, a bit of <br>  <br> well applied political pressure and embarrasing publicity, and some <br>  <br> protesting and direct action thrown in for good measure, could act as a <br>  <br> wedge under the wheels of development... <br><br> Remember, if that project got delayed because the Javits Center's <br>  <br> racism and sexism towards it's employees suddenly became a public <br>  <br> issue, then they'd have to force the center's mangement to impose fair <br>  <br> hiring, just to keep the wheels of commerce moving. <br><br> The unions have also decided to support that project..and they wouldn't <br>  <br> want to have embarrasing public reminders of how those 2,000 or so <br>  <br> union members out at the Javits have been abandoned by their unions <br>  <br> like redheaded stepchildren. <br><br> The trade show workers are in a particular position here to get their <br>  <br> demands addressed (and hopefully resolved) by putting a spoke in the <br>  <br> wheels of commerce. This is a great opportunity for us, and, hopefully, <br>  <br> we will be able to take it. <br><br> Beyond that, we need to look at the big picture. <br><br> This is a national industry, and needs to have one unified national <br>  <br> labor standard. The construction unions have a history of signing so <br>  <br> called \"international agreements\" with companies that operate in <br>  <br> multiple cities (those agreements are typically used to undercut local <br>  <br> union rules, unfortunately). <br><br> Most of those international agreements are for companies who function <br>  <br> in that most localized of industries, building construction. There's no <br>  <br> real reason why a drywall or storefront or store fixtures contractor <br>  <br> should have an \"international agreement\"..they should be subject to the <br>  <br> same local agreement as everybody else. <br><br> But, in this most national of industries, the unions have all of these <br>  <br> local agreements, and the cities with weak contracts are used to <br>  <br> pressure those places with good agreements to lower their standards. <br><br> And, these days, the unions have been tripping all over themselves to <br>  <br> give the exhibitors and the decorating contractors whatever they <br>  <br> want...there's been no attempt to stop the race to the bottom, and <br>  <br> establish one national standard. <br><br> Why is that? <br><br> Why won't the unions fight back? <br><br> In a word..business unionism. <br><br> What's that? <br><br> Business unionism is a political philosophy that is praticed by the <br>  <br> leaders of almost all of this country's unions. It's based on the false <br>  <br> idea that workers and bosses have some kind of common interest, and <br>  <br> that the union's job is to build a \"labor management partnership\". <br><br> Of course, in the real world, there is a very basic conflict between <br>  <br> workers and bosses..that's why we have unions in the first place. <br><br> Business unionism flies in the face of that logic..it's an attempt by <br>  <br> union leaders to reconcile the totally opposite interests of workers <br>  <br> and bosses, and to establish themselves as the middlemen who struggle <br>  <br> to maintain this alleged \"partnership\". <br><br> In the trade show industry, this has meant allowing employers to have <br>  <br> radically different wage scales and labor pratices in different cities <br>  <br> (and even different buildings in the same city), and allowing the <br>  <br> contractors and the exhibitors to play one city off against another. <br><br> Business unionism also leads to the unions letting the exhibitors, the <br>  <br> decorating contractors, the display houses and the  convention center <br>  <br> operators use and abuse the trade show workforce as they see fit, with <br>  <br> little to no resistance. <br><br> Business unionism has been the ideology that has guided American trade <br>  <br> unions for the better part of the last 100 years. There was a time when <br>  <br> making deals with the employers led to unions being able to guarantee a <br>  <br> high standard of living for at least part of the membership (often at <br>  <br> the expense of the other part of the workforce...often, that other part <br>  <br> of the workforce being largely composed of minorities and women). <br><br> But today, business unionism has a hard time \"delivering the goods\".. <br>  <br> The leaders of these unions are in a crisis, and it's time for workers <br>  <br> to look for alternatives. <br><br> And I belive the alternative that workers should look at is something <br>  <br> called revolutionary unionism. <br><br> What's that? <br><br> I've talked about revolutionary unionism on the GANGBOX website before, <br>  <br> at : <br><br> <a href=\"http:\/\/www.geocities.com\/gangbox\/csu1.html\" rel=\"nofollow\">http:\/\/www.geocities.com\/gangbox\/csu1.html<\/a> <br><br> <a href=\"http:\/\/www.geocities.com\/gangbox\/downbylaw.html\" rel=\"nofollow\">http:\/\/www.geocities.com\/gangbox\/downbylaw.html<\/a> <br><br> <a href=\"http:\/\/www.geocities.com\/gangbox\/contract2001.html\" rel=\"nofollow\">http:\/\/www.geocities.com\/gangbox\/contract2001.html<\/a> <br><br> and on the GANGBOX listserv, at: <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/22\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/22<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/954\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/954<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2466\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2466<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2659\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/2659<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4655\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4655<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4738\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/4738<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/5059\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/5059<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/7966\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/7966<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8649\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8649<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8770\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/8770<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/9027\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/9027<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/11281\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/11281<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/11583\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/11583<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/12328\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/12328<\/a> <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/12482\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/12482<\/a> <br><br> and <br><br> <a href=\"http:\/\/groups.yahoo.com\/group\/gangbox\/message\/13389\" rel=\"nofollow\">http:\/\/groups.yahoo.com\/group\/gangbox\/message\/13389<\/a> <br><br> Basically, revolutionary unions are based on the idea that workers and <br>  <br> management have a conflict of interest, and this conflict will exist <br>  <br> for as long as we live under a capitalist system. <br><br> Revolutionary unions do not belive in \"labor management partnership\". <br>  <br> They recognize the fact that workers and bosses are enemies, and always <br>  <br> will be as long as we live in an economic system controlled by a small <br>  <br> exploititave class of businesspeople and investors. <br><br> Until the day comes when workers run the society, revolutionary unions <br>  <br> will fight to improve workers conditions, to equalize distribution of <br>  <br> work, and to end all attempts by the bosses to discriminate against <br>  <br> workers based on color or sex.. <br><br> We can clearly see this conflict between workers and bosses in the <br>  <br> trade show industry...  <br><br> The decorating contractors, display houses and convention centers bill <br>  <br> upwards of $ 200 an hour for our labor (and that's just for straight <br>  <br> time hours), while the workers who actually do the productive labor <br>  <br> only get, at most, $ 38.78 in wages and $ 26.31 in benefits per <br>  <br> hour..and many trade show workers, even here in New York, make way less <br>  <br> than that. <br><br> Our labor creates all the value in the trade shows...our skills and <br>  <br> hard work builds, delivers, installs and takes down those pretty <br>  <br> booths, puts down the carpeting, hangs the signs, cleans up after the <br>  <br> exhibitors and the businesspeople who visit the shows, and do all of <br>  <br> the other productive tasks that enable those folks to generate all <br>  <br> those business leads and make all those sales. <br><br> Trade show workers create a lot of value for these shows...that's why <br>  <br> the contractors can bill the exhibitors $ 1,000 bucks a square foot for <br>  <br> the booths, and charge them hundreds of dollars for tables and chairs. <br><br> But, the bulk of the revenue generated by our labor goes to the <br>  <br> bosses....the convention centers, the contractors and the exhibitors. <br>  <br> We see very little of it..and, if it was up to the exhibitors, we'd see <br>  <br> even less than we do now. <br><br> The employers also want a divide workforce..a small but loyal minority <br>  <br> of employees who have something close to steady jobs..a larger group <br>  <br> that work sporadically, and an even larger surplus pool of labor who <br>  <br> can be called in at a moment's notice to provide extra disposable <br>  <br> labor. <br><br> Now, even the small priviliged group who work every day know that, at <br>  <br> any time, they can be cast into the pit with the rest of us who <br>  <br> anxiously wait by the phone for a call... And, the rest of us are in a <br>  <br> dog eat dog competition for the remaining scraps of work.. <br><br> There is no seniority, and we can all be fired at any time, for any <br>  <br> reason, or no reason at all. <br><br> This form of economic terrorism is used to keep trade show workers in <br>  <br> line..and, unfortunately it does a really good job of that. Especially <br>  <br> since, as I pointed out above the hours are divided up largely along <br>  <br> racial and gender lines.. <br><br> The unions have long tolerated this situation, and allowed the <br>  <br> contractors and exhibitors to abuse us. As I pointed out above, we even <br>  <br> have had an extremely disgusting situation where a union leader, <br>  <br> Chicago Teamsters local 714 President Billy Hogan, has actually joined <br>  <br> forces with the exhibitors to batter down trade show workers wages to <br>  <br> the lowest common denominator, and to create an open shop scab <br>  <br> workforce side by side with unionized trade show workers. <br><br> But, even those union leaders who aren't sellouts like Hogan either <br>  <br> stand idly by while we are attacked, or, at best, encourage us to use <br>  <br> the corporate dominated court system to fight for our rights, rather <br>  <br> than leading us in struggle on the show floor. <br><br> How would revolutionary unions deal with these attacks differently? <br><br> First of all, they would sort out the hiring situation. <br><br> In the case of the Javits Center, this means forcing equal distribution <br>  <br> of work, and, ultimately, forcing the State of New York to dismantle <br>  <br> it's private open shop hiring hall, and place job distribution in union <br>  <br> hands, where it belongs. <br><br> As far as job distribution goes, we need a 90\/10 job referral system at <br>  <br> the Javits, and in the trade show industry citywide.  <br><br> That is, on every call, the contractors would be allowed to have 1 <br>  <br> supervisor for every 10 workers in each craft. The supervisors would <br>  <br> have to be union members, and would get foreman or general foreman pay <br>  <br> and benefits, and would be picked by management. They would not work on <br>  <br> their tools and function purely in a supervisory capacity. <br><br> The rest of the workforce would be referred by the respective unions <br>  <br> (that is, the NYDCofC for the carpenters, Teamsters local 807 for the <br>  <br> teamsters, Teamsters local 237 for the housekeepers and security <br>  <br> guards, and Electricians local 3 for the electricians).  <br><br> There would be a rotating hiring list, so everybody would get a chance <br>  <br> to work, and everybody would spend time at home, rather than some <br>  <br> people getting work all the time, and others hardly getting calls at <br>  <br> all. <br><br> Neither the house, or the contractors, or the exhibitors, or, for that <br>  <br> matter, officers of the union, would be allowed to play favorites. Who <br>  <br> worked and who doesn't would be determined by the schedule alone. <br><br> Also, since these shows are scheduled many months in advance, there's <br>  <br> no reason why we can't be scheduled for work in advance.  <br><br> For instance, the busy part of the year for trade show work in New York <br>  <br> is from March to June. So, why couldn't workers get a schedule in, say, <br>  <br> February, scheduling them from March to August, and then, in July, <br>  <br> they'd get a schedule booking them from September to February. Then we <br>  <br> could make plans in advance, and, on the days when we're not scheduled <br>  <br> to work, we could try and find work elswhere. <br><br> Also, workers who are booked on a show should be scheduled for the <br>  <br> entire duration of the show, from setup to takedown. If there is a need <br>  <br> to schedule overtime, or maintenance work during the show, that should <br>  <br> be done by senority..that is, workers who've been in the industry <br>  <br> longer would get the first dibs at that work. <br><br> Also, each craft should have a shop steward with each contractor on <br>  <br> each show on each shift, as well as a general building-wide chief shop <br>  <br> steward for each craft, and 3 assistant cheif stewards for each craft <br>  <br> (one on the 8AM to 4:30PM shift, another working 4:30PM to 1AM and a <br>  <br> third wo<\/p>\n","contact":"gangbox-owner@yahoogroups.com","link":"http:\/\/groups.yahoo.com\/group\/gangbox\/","address":"","phone":"","parent_id":0,"mime_type":"text\/plain","summary":"THE JAVITS CENTER SHUFFLE...discrimination, unequal distribution of work and the pitfalls of seeking workplace justice in the court system at New York City's convention center","numcomment":0,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2004\/01\/99448.php"},"attachments":[],"comments":[]}