|
Friday, June 20, 2014
Free Her Rally, June 21, 2014
Thursday, June 19, 2014
Black Bird Press News & Review: Marvin X's Fictional Interview With President Obama
Black Bird Press News & Review: Marvin X's Fictional Interview With President Obama
Please go to the link above for the fictional interview with da Prez
Please go to the link above for the fictional interview with da Prez
From the Archives of Dr. Nathan Hare: Ossie Davis, Dr. Nathan Hare, Bobby Seale, Dr. Carlton Goodlett
Back in the day. Ossie Davis, me and Black Panther Chairman Bobby Seale in my apartment when I was founding publisher of The Black Scholar. To the right of Bobby Seale was Dr. Carlton Goodlett, the namesake of the street on which the City Hall of San Francisco sits.
Later on Ossie appointed me to the North American Zonal Committee of FESTAC (Second Black and African Festival of Arts and Culture0 and took out a two-year subscription to a periodical I published from 1979 to 1982,’Black Male/Female Relationships.’”
Attorney Amira Jackmon wins case against the Port of Oakland
The Port of Oakland's Fight For Living Wages Oakland's Fight For Living Wages
The owners of fast-food franchises at Oakland Airport argue that they are small businesses that should be exempt from the city's living wage law. Will the courts ultimately agree?
By
click to enlarge
- COURTESY OF UNITE HERE
- Airport worker Ida Gonzales (left) and Lisa Lam (right) of Unite Here Local 2.
On March 5, 2002, more than 75 percent of Oakland voters approved a measure requiring businesses that contract with the Port of Oakland to pay their employees a living wage. That meant employers would have to pay roughly four dollars more per hour than the California minimum wage at the time. Notably, the measure would affect merchants doing business at Oakland International Airport, which the port owns and operates.
The living wage law, however, included a key loophole — one that is now at the center of an intense legal battle between the port, a local union, and a number of retailers at the airport: that is, businesses with twenty or fewer employees would be exempt from the requirements. And for years now, the owners of Subway and Jamba Juice outlets at the airport have not complied with a key aspect of the port's living wage: giving employees twelve days of paid time off per year. The operators of these chain outlets argue that, based on the number of workers they employ at the airport, they are small businesses that should be exempt from the law.
The port, however, argues that these employers are subject to the living wage law and have been violating it. In 2006, before both the Subway and Jamba Juice franchises moved in, the port further expanded its policies by mandating that all new tenants comply with living wage requirements, regardless of the number of workers they employ. This requirement was included in the port's subsequent requests for proposals and lease agreements with new retailers. From the port's perspective, the Subway and Jamba Juice franchises have both violated the terms of their leases — and the law — by repeatedly denying workers paid time off, including sick leave. But a recent order from a judge signals that the port could face an uphill legal battle.
The case carries significance beyond these specific businesses. For starters, the dispute highlights some of the difficult obstacles municipalities can confront when trying to enforce living wage policies. And these kinds of wage laws, experts note, are only effective if relevant government agencies have powerful mechanisms to address and correct violations. In the case of Oakland Airport, the ultimate resolution of this drawn-out battle could set an important precedent for the wage obligations of contractors tied to a major economic engine for the city and region. And while the port has invested significant resources into investigating these employers and pushing them to meet living wage standards, it's unclear if the courts will ultimately take its side.
When the Express first reported on these airport labor disputes in 2012, employees of the Subway and Jamba Juice — with support from Unite Here Local 2850 (the union that represents local workers in hotels, airport concessions, and food service) — were accusing their employers of numerous labor violations and anti-union actions. The employers are CMC Food Services LLC, which runs the Jamba Juice, and NNF Grewal Incorporated, which runs the Subway. The union and a group of employees alleged that workers were not only denied paid time off, but that their employers were retaliating against them for speaking out and taking steps to organize. Both employers fired workers after they filed wage complaints. After a lengthy administrative investigation, port investigators determined early last year that CMC and Grewal had violated living wage provisions and retaliated against their employees. But the business owners challenged these findings in an Alameda County Superior Court petition filed last June, launching complex litigation that has advanced this month, with the parties presenting oral arguments on June 30.
Notably, Alameda County Superior Court Judge Evelio Grillo has called into question the legality of the port's 2006 policy mandating that all new tenants — even those with fewer than 21 employees — comply with living wage requirements. That policy, Grillo wrote in a recent order, is in "direct conflict" with the small business exemption originally written into the city charter in 2002: "Where the Charter has expressly exempted small businesses from the Living Wage requirements, the Port cannot require in a contract what it is expressly precluded from imposing in a regulation." A city department cannot ignore city charter in this manner, the judge continued, arguing that the living wage provisions in the Subway and Jamba Juice contracts must then be considered void. While not a final ruling, the business owners are applauding the judge's opinion.
"To us, this is a major statement of the law," Amira Jackmon, Berkeley-based attorney representing CMC and Grewal, said in an interview. "The court said that if these businesses have fewer than 21 employees, they cannot be made to abide by the [living wage] law. ... That's at the heart of the port's case." She added: "All we are asking the port to do is stay within the law."
If the judge ultimately sides with Subway and Jamba Juice, the chain outlets — and all other similar businesses at the airport — could be exempt from not only having to provide paid time off, but also from having to pay the current living wage of $13.75 an hour (the law allows employers to pay $11.96 an hour if they offer health benefits).
Robert Bernardo, Port of Oakland spokesperson, declined to comment on the living wage dispute. In court documents, the port's attorneys have argued that the language of the living wage law in city charter does not bar the port from enacting additional ordinances that impose obligations on small businesses. The port has also argued that CMC and Grewal waived their rights to living wage exemptions when they signed leases that included specific living wage requirements. Elizabeth Hinckle, attorney for Unite Here — which is not a party to the litigation but has represented employees in living wage claims said, "We don't see any conflict between the city charter and the port's actions," but declined to comment further. Representatives from Subway and Jamba Juice did not respond to requests for comment.
Regardless of the complex legal nuances of the case, from the perspective of the union and impacted employees, this is simply a matter of earning decent wages from employers who should be able to afford them — especially considering their business assets and the amount of money they've spent fighting the port. Navdeep and Gurinder Grewal, the husband-and-wife duo who run NNF Grewal, operate numerous Subway restaurants throughout Oakland and San Leandro — at one point as many as ten different locations, according to the union. CMC Food Services runs both a Jamba Juice and Gordon Biersch restaurant at Oakland airport.
For low-wage employees, the stakes are high. If the businesses were to meet the port's demands, said Sarah Norr, a researcher with Unite Here, "it would not make these into high paying jobs. It would give you paid sick days so you can afford to stay home with the flu when you work with sandwiches."
From a policy standpoint, it only makes sense that there are consistent regulations at the airport, so that all airport employees can earn living wages and receive paid time off regardless of which chain franchise employs them, said Jennifer Lin, research director for the East Bay Alliance for a Sustainable Economy (EBASE). "It's important that no worker is left out at the end of the day." EBASE released a report in 2003, one year after the original living wage measure passed, showing that the adoption of the policy resulted in more than four hundred airport workers receiving wage increases.
Hakima Arhab, a 29-year-old Subway employee, was fired in 2012 after she filed a living wage complaint. She was re-hired about a year later and is still working at the airport Subway today — even though there have been no changes in sick day policies. "This has been almost two years. My co-workers are so frustrated," Arhab told me by phone during a recent break. "Even when I'm sick, I come to work." Arhab, who lives in Oakland and is currently attending Laney College, said she simply can't afford to take unpaid days off. "My income is so small." According to Norr, Arhab lost out on more than $16,000 worth of wages between the time that she was wrongfully terminated and her reinstatement. When she was rehired, she was paid that amount in back wages as part of a settlement of a National Labor Relations Board Complain that is separate from the current litigation. The Grewals were not available for comment, according to Jackmon, their attorney. Jackmon confirmed that NNF Grewal does not offer any paid time off to the airport Subway employees, but said the Grewals are examining the policy and may adjust it in the future.
Joe Cook, president of CMC, emphasized in an interview that his employees are paid at least $13.75 per hour — which is the current port living wage rate — and said employees get five days of paid time off after a year of employment. "The Port of Oakland since 2012 has been trying to prosecute us and has been trying to paint a picture that we are not doing what we are supposed to do," he said. "We have fully complied with the living laws because we are exempt." Between CMC's Jamba Juice and Gordon Biersch operations at the airport, Cook oversees a total of roughly fifteen employees. "This is my only source of income. It's the only thing I have in this world," he said. "We're a small business." Since 2007, Cook said he has lost roughly 37 percent of his sales due to declining traffic at the airport. "We're barely paying our bills," he added.
Regarding allegations of retaliation, Jackmon pointed me to the port's own investigation, which noted that the Jamba Juice employee whom CMC fired two days after she filed a living wage complaint had left in the middle of a shift without permission, leaving the store staffed by inexperienced workers. The port, however, still ultimately determined that the termination constituted retaliation. Jackmon also refuted claims of retaliation by NNF Grewal.
Jackmon and Cook both argued that the union has spearheaded this living wage fight as a way to pressure employees of these businesses to organize and join the union. And that is why they continue to fight this battle, they said. If their operations were unionized, Jackmon said, "My clients would be put out of business."
Attorney Amira Jackmon is a graduate of Yale and Stanford Law School. She is the youngest daughter of Marvin X. Amira was agent for the Drs. Nathan and Julia Hare archives that were acquired by the Bancroft Library, University of California, Berkeley.
Attorney Amira Jackmon is a graduate of Yale and Stanford Law School. She is the youngest daughter of Marvin X. Amira was agent for the Drs. Nathan and Julia Hare archives that were acquired by the Bancroft Library, University of California, Berkeley.
Wednesday, June 18, 2014
Video: Marvin X and the Black Arts Movement Poets Choir and Arkestra at Malcolm X Jazz Festival
"Marvin X, this was some powerful stuff you did and everybody knows it was powerful."
--Umar Bin Hasan, the Last Poets
This is the second leg of the 27 city tour in honor of ancestor Amiri Baraka. We began in late February at the University of California, Merced Black Arts Movement Conference. You can invite us to your city.
For booking call: 510-200-4164/email a letter of invitation to jmarvinx@yahoo.com.
Marvin X will appear at the tribute for Amiri Baraka at Oakland's Eastside Arts Center, Friday, June 20, 7pm. Location: 23rd and International Blvd.
Marvin X will appear at the Joyce Gordon Gallery on Saturday, June 28, 3pm. He will read and discuss his Mythology of Pussy and Dick, a life saving essay on male/female relations. A brother told Marvin recently, "Man, I hesitated to read your pamphlet for a long time, but I guess I read it just in time--because it saved my life!"
On July 12, he will read and sign books at the Life Enrichment Bookstore, 5023 Rainer Ave.S, Seattle WA, 3pm
Tuesday, June 17, 2014
10 Facts about the Mumia Abu-Jamal Case
Dear Colleagues and Friends:
In case you missed it at last January's Feminist Wire site, we are sending around to our Educators list Johanna Fernandez's "10 Facts about the Mumia Abu-Jamal Case." They still serve as important talking points regarding the present state of Mumia's case and the struggle to bring him home. See the links below on how you can be involved. - EMAJ
10 Facts about the Mumia Abu-Jamal Case
By Johanna Fernandez
1. Mumia Abu-Jamal is innocent. Mumia has been wrongfully imprisoned for 32 years. He spent the first 28.5 years of his imprisonment on Pennsylvania’s death row. In 2011, his death sentence was confirmed unconstitutional by the U.S. Supreme Court and he is now serving a sentence of “life in prison” without parole. He is charged with the 1981 murder, in Philadelphia, of police officer Daniel Faulkner.
2. How does Mumia’s story of incarceration begin? Early in the morning of December 9, 1981, while driving his cab, Mumia happened upon the arrest of his brother by a police officer. Mumia stopped his car to see what was going on. Out of that encounter, a police officer, Daniel Faulkner, was shot and killed by somebody. Mumia was found semi-conscious, sitting nearby with a bullet from Faulkner’s gun in his stomach. Mumia’s gun, which he acquired because he had recently been held-up while driving his cab, was allegedly found nearby. Eventually he was tried, convicted of murder in the 1st degree, and put on a fast train to execution in the absence of hard evidence. The police failed to conduct the routine paraffin test on Mumia’s hands to determine if he had fired the gun; a critical fragment of the bullet retrieved from Officer Faulkner’s body was somehow lost and therefore could not be decisively matched to Mumia’s gun.
3. The Fourth person at the crime scene was concealed at trial: On the night that Officer Daniel Faulkner was shot, there were four persons at the crime scene. Four witnesses reported seeing this person fleeing from the crime scene. But the presence at the crime scene of that fourth person was concealed at trial by the prosecutor, Joe McGill, and the trial judge, Albert Sabo. In fact, the presence of that fourth person, the passenger in the Volkswagen which Officer Faulkner had stopped, was acknowledged by prosecutor Joe McGill in another trial that was happening concurrently, surrounding the same crime scene. This key, exculpatory evidence – that there was another person at the crime scene who was the passenger – was hidden from the defense and the jury. Former TV Guide reporter and independent crimes-investigation journalist Patrick O’Connor argues convincingly in his rivetting book about the case, that that fourth person, Kenneth Freeman, killed Officer Faulkner.
4. 15 of the 35 police officers involved in collecting evidence in Mumia’s case went to jail for evidence-tampering. In 1979, the Department of Justice filed an unprecedented lawsuit against Philadelphia’s mayor and 21 top city and police officials. Its conclusions? That the police department’s behavior – which included shooting nonviolent suspects, abusing handcuffed prisoners, and tampering with evidence – “shocks the conscience.” The officers who arrested and later brutalized Abu-Jamal came from the 6th District, which was under yet another federal investigation for police corruption by the U.S. Attorney’s Office in Philadelphia, with the approval of the U.S. Department of Justice under Ronald Reagan. As a result, over one third of the 35 officers involved in Mumia’s case, including the top officer at the crime scene, Inspector Alfonzo Giordano, were subsequently convicted of rank corruption, extortion and tampering with evidence to obtain convictions.
5. The newly discovered Polakoff photographs disprove the prosecution theory of the case. The first photographs taken of the crime scene were taken by a regularly published freelance photographer in Philadelphia, Pedro Polakoff. Polakoff repeatedly called the police to give them the photographs, but the police never responded. Polakoff assumed that Mumia was guilty and forgot about the issue. In 2006, these photographs were discovered and studied by Dr. Michael Schiffman of Heidelberg University in Germany. The photos disprove the prosecution’s entire theory of the case. They also show that the police lied and tampered with evidence. For example, officer James Forbes, who testified in court that he had properly handled the guns allegedly retrieved at the crime scene, is photographed holding the guns with his bare hands, destroying all potentially significant fingerprints. Most importantly, the Polakoff photos also point to the presence of a fourth person at the crime scene: Officer Faulkner’s hat is pictured resting on top of the Volkswagen on the passenger-seat side of the vehicle, suggesting that he may have had a conversation with the passenger.
6. Mumia was convicted with the help of a manufactured confession. The prosecution pegged the murder of Officer Daniel Faulkner on Mumia based on the perjured testimony of three witnesses who said, more than 60 days later, that Mumia confessed to the shooting while in the hospital. This was contradicted, however, by the testimony of Dr. Anthony Coletta, who was with Mumia from the moment he entered the hospital. Dr. Coletta said that Mumia was barely conscious and in a state of shock, and that the trauma produced by Mumia’s bullet wound and the beating he had endured at the hands of the police meant that medically, Mumia was incapable of speaking. In addition, the police report written on the night of the incident by the officer assigned to Mumia at the hospital, Gary Wakshul, states that “The Negro male made no comment.”
7. Mumia’s trial was presided over by a notoriously biased and racist judge, Albert Sabo. In a jaw dropping illustration of judicial bias, Terry Carter, a court stenographer, testified in an affidavit that she heard Sabo say to another person in the anteroom of his court, “I’m going to help them fry the nigger,” referring to how he was going to instruct the jury. Distinguished among his peers because he sent more people to their execution than any other judge in the country, Sabo earned the reputation of a “hanging judge,” and the overwhelming majority of Sabo’s victims were black defendants. The 10,000 pages of trial record in Mumia’s case clearly indicate racial prejudice.
8. Mumia was tried by an overwhelmingly white jury. Mumia’s best chance at finding relief through the courts, in the form of a new trial, came during proceedings in the U.S. Third Circuit Court of Appeals in 2007, where his legal team, argued the “Batson Claim,” which grants a new trial to defendants who can prove discrimination in jury selection. In Mumia’s case, eleven out of fourteen peremptory challenges –afforded to the prosecution to eliminate jurors –were used to eliminate prospective black jurors. But in a shocking 2 to 1 decision that overturned its own precedents, the Third Circuit Court voted against granting Mumia the Batson Claim. However, the sole dissenting Judge, Thomas Ambro, wrote an eloquent statement, acknowledging the unequal application of the law in the case of Abu-Jamal. Judge Ambro wrote that the decision to deny Abu-Jamal the Batson Claim “goes against the grain of our prior actions.” Judge Ambro’s opinion further revealed his frustration with his colleagues in the Third Circuit Court when he wrote, “I see no reason why we should not afford Abu-Jamal the courtesy of our precedents.”
9. Mumia had long been a target of the State. It is well documented, in declassified FBI memos that the Philadelphia police, in consultation with COINTELPRO had for many years, tried to peg a crime on the former Black Panther and radical radio journalist, Mumia Abu-Jamal. At the time of his arrest, Mumia’s muckraking radio journalism on police brutality and corruption in City Hall, and his friendly reporting on the radical MOVE organization made him a thorn in the side of the establishment and a target of the state. One of the least known facts of the case remains that the investigation of Officer Faulkner’s fatal shooting was conducted not by the police department’s homicide unit, but rather by its Civil Defense Unit, the local police arm of J. Edgar Hoover’s COINTELPRO, which was vastly expanded in 1967 when Frank Rizzo became Police Commissioner of Philadelphia. This was also the unit that helped produce a 700-page surveillance record of Mumia and in 1973 attempted to pin the double murder of the Governor of Bermuda and his aide on Mumia. In 1981, Mumia found himself in the middle of a crime scene while in defense of his brother and moonlighting as a cabdriver. Now the Philadelphia police had their man, and they were going to do everything in their power to frame him.
10. This is not just about Mumia. Because Mumia is known the world over for his commentaries and writings on inequality and because he has spent so much of his time in prison offering a radical critique and analysis of mass incarceration, a victory in Mumia’s case would open up a much larger conversation in the mainstream about the crisis of mass and political imprisonment in the United States.
***
Help FREE MUMIA. Visit the links below:
Visit the Bring Mumia Home website.
Connect with the Bring Mumia Home campaign on twitter.
_________________________________________________________________
Johanna Fernandez is professor of history at Baruch College of the City University of New York, a former Fulbright Scholar, and one of the coordinators of the Campaign to Bring Mumia Home, and Co-Coordinator of Educators for Mumia (EMAJ). She is also author of the forthcoming When the World Was Their Stage: A History of the Young Lords Party, 1968-1974.
Subscribe to:
Posts (Atom)
