Dept. of Labor seeks to raise awareness of labor rights for all Special

As Labor Day commemorates the end of summer, it is also a reminder of labor itself. The thousands of people who work to ensure commerce and prosperity are often overlooked and at times ignored.

The Consulate General of Mexico and the U.S. Dept. of Labor saw the celebration of Labor Day as an opportunity to promote Labor Rights Week. On August 30, The Mexican Consulate of San Francisco held a press conference calling attention to the collaborative efforts of the U.S. Dept. of Labor and the Mexican Government to ensure that all workers in the nation are treated fairly and receive wages. Carlos Felix, Consul General of Mexico gave the key note address to over 30 people at the beginning of the week-long conference on that Monday morning. Susana Rincon of the U.S. Dept. of Labor and Geraldo Dominguez of labor union UFCW - Local #5 were among the guest speakers. The U.S. DOL Wage & Hour Division, OSHA, EEOC, NLRB among others made presentations along with a number of State agencies, local organizations and labor unions to show support in this effort. Promoted in 22 major cities as a nationwide effort this is the second annual Labor Rights Week. This consciousness raising seeks to call attention to the rights of workers. The right to be paid a fare wage and the right to work have been a part of the struggle of labor in our nation’s history. The focus of Labor Rights Week is especially about those who labor in some of the hardest, backbreaking and most dangerous jobs. According to Secretary of Labor Hilda Solis, “Every day in this country, more than 14 workers lose their lives in preventable workplace incidents - close to 100 every week.” “The need for enforcement and oversight can no longer be regulated to the snail pace of the past,” she said. Solis spoke to the press back in May of this year at the National Action Summit for Latino Worker Health and Safety. “It is the right time to lift up workers rights and make this situation better,” said Solis. “My vision for the Department of Labor is to provide good jobs for everyone - everyone, from business offices to field and construction workers,” said Solis. Incidentally, according to a recent article in CNNMoney.com, listed among the “10 most dangerous jobs in America” are agriculture and construction. As Americans gather for a picnic this Labor Day weekend or invite neighbors and friends over for a backyard barbecue almost no thought is for the thousands of laborers who helped provide the food. Most of the laborers who pick our fruit and vegetables are migrant workers. Whether they are here legally or illegally is causing much debate among politicians, civic leaders, etc. Yet what is often misunderstood is that migrant workers provide the nation with labor. Adriana Gonzalez Felix, Consul for Legal Affairs & Protection talked with this reporter shortly after the conference. "Migrant workers are in some of the toughest and back-breaking jobs, such as field workers in agriculture. Or, they take work in construction and factories," she said. "On average we see about 500 people on a daily basis, sometimes more, some times less, depending upon the season," she said. In her work at the Mexican Consulate on Folsom Street in San Francisco, Felix said that fear is one thing she sees all the time. "Fear is perhaps the one main obstacle," said Felix. "The people who come to us are often afraid and confused. They need to know that they have rights as workers,” Felix said. Erika Monterroza, the public information officer for the California Department of Industrial Relations, agreed as she said, “Yes, most definitely fear is an obstacle. That is why we work with so many, a variety of groups in our extensive outreach,” she said. Monterroza sees the collaborative effort between the U.S. Dept. of Labor, the Mexican Government and many others as extremely integral. Monterroza noted that the California labor laws and regulations are of the utmost important because as she explained, “they cover everyone, regardless of status,” she said. Felix also pointed out that since establishing this collaborative effort over a year ago in 2009, between the U.S. Dept. of Labor and the Mexican Government attending to problems has become more efficient and just. Having all the various agencies and departments work together helps to facilitate attention to critical needs and minimize neglect. Felix explained that immigrants are discriminated against all too frequently. Wrongful terminations, substandard working conditions, low pay and little or no access to health care if injured on the job; these are the situations migrant workers face. Felix did not avoid the question of...what about the people who are in the US legally? With so many migrant workers, wouldn't that take away jobs for citizens? "This is a difficult question," she said. But it is not a new one. The demand for labor is always there. "Employers hire migrant workers because they are eager hard working people." "They take jobs that average Americans do not take," said Felix. This reporter contacted conservatives like talk-radio personality Glenn Beck for his outlook on the issue of immigrant labor. Beck who held a rally in Washington DC this past month has been gaining popularity for his conservative views. Neither Beck nor David Zubleck of America Talks radio blog responded. “This is a difficult topic here in the United States as well as other countries,” said author and journalist Paul Roberts. In his book, “The End of Food,” Roberts gives a detailed account of the “big business” of food. He talked with this reporter by phone from his home in Washington State. “The U.S. agricultural system depends upon cheap labor because labor costs are a large portion of the expense,” said Roberts. “Farming and food production has a lot of risk involved,” he said. Weather, fluctuation in demands, use of pesticides, fertilizers, etc., all of this is cost to the farmer/grower. To manage the cost of what it takes to grow, produce and then process food, only large companies can afford it, Roberts noted. “That is why so many smaller growers and farmers are getting out of agriculture,” he said. Roberts said that the food industry is very dependent upon migrant workers. He pointed out the irony of the immigration issue. “People (in the immigration debate) don’t have a clear answer.” “There has always been an unspoken agreement with growers to be soft on migrant labor,” said Roberts. “We need to look at the entire system,” said Felix. She noted the complex history between Mexico and the United States. "It is also a matter of different circumstances when issues of labor and economics are raised," said Felix. "Mexican workers are doing what they can to live and feed their families." "Yet they are contributing to the American economy and both countries benefit," she said. Issues of migrant labor are ignored when times are good. But when the economy struggles, history on this topic repeats itself, Felix noted. Americans don't realize that "Mexico is suffering in this recession economy too," she said. Monterroza said that regardless of the recession workers have their rights to get pay and to receive overtime. This includes Workers Compensation. Regulations are there to protect the worker but also for the employer too. “Regulations are set and employers are encouraged to comply,” she said. Roberts also pointed out the importance of worker safety and “the best growers, food companies worry about this,” he said. All workers have the right to work in a clean and safe environment. “Most definitely and especially with workers in food production,” said Monterroza. She pointed out that through the division of Occupational Safety & Health Administration (OSHA), the U.S. Dept. of Labor established regulations regarding the prevention of heat illness. Sometimes referred to as heat stroke, OSHA established the Heat Illness prevention regulation in 2006, the first of its kind. And, more standards and regulations have been established in farming, fishing, construction and roofing. “Growers, manufacturers, etc. must be in compliance,” she said. Or be subject to fines. Monterroza noted how important it is that all workers (and even employers) know labor laws and that the protections set are there to protect everyone. Labor Rights Week was held from Aug. 30 to Sept. 3. Yet, “we do this outreach not just for a week or two but all year round," said Felix. "We can extend to the workers a wide scope of help," Felix said. The assistance offered reduces neglect and helps to stop abuse of workers. People who come here for help now have access to dozens of agencies all coordinating assistance and outreach," she said. The Mexican Consulate can help with many things, such as filing claims, making appeals, assisting in various processes, legal procedures and protocols. For more information about Labor Rights Week and the services and outreach provided at the Consulate De Mexico visit: http://www.sre.gob.mx/sanfrancisco/ or call (415) 354-1700. For details about labor and workers safety visit the U.S. Dept. of Labor web site at: http://www.osha.gov/index.html. Or call 1-800-321-OSHA (6742).