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[Marxism] Immigrant Workers Take Direct Action Against No-Match Firings



Immigrant Workers Take Direct Action Against “No-Match” Firings
Submitted by intexile on Sat, 04/12/2008 - 2:59pm.

A group of Latino workers, at the Twin Cities-based D’Amico’s & Sons
restaurant chain have organized and taken direct action to resist
being fired for receiving “No-Match” letters from the Social Security
Administration. The workers many who have well over a decade of
service for the company have been joined by family members, some co-
workers, the Workers Interfaith Network (WIN), Students for a
Democratic Society (SDS) and the Twin Cities General Membership
Branch of the Industrial Workers of the World (I.W.W.) and others.

D’Amico’s announced that Monday, March 31, 2008 would be the last day
of work for 17 employees who had received the “no-match” letters.
This appears to be illegal as the Social Security’s “no-match”
notices explicitly state that employers should take no “adverse
action” against employees based on these letters. “No-match” means a
problem has been identified with a worker’s name and social security
number not matching. Sometimes this can be due to immigration status,
other times a simple typo can trigger the letter. In any case, the
legal precedent has been that it was up to employees to correct the
issue and not employers. A California Federal Court halted attempts
by the Bush administration to penalize employers for having workers
with “no-match” letters.

The D’Amico’s workers were determined to fight these unjust firings.
On the morning of the 31st, seven kitchen workers at the Uptown store
stopped working, approached their manager with a petition signed by
their fellow workers demanding their jobs be protected. The workers
then sat down together in the dining area refusing to work until the
bosses negotiate. A Sit-Down strike! A lively picket rallied in
support of the workers outside. Co-workers, including some who had
also received “no-match” letters, and others who hadn’t, joined with
WIN, SDS and Wobblies chanting, banging on pots and pans, and
marching right outside the window where the sit-down strikers sat.
Later that day one non-Latino waiter also refused to work and sat
with his co-workers in solidarity.

An IWW organized effort to flood the store’s phone lines during lunch
hour to inquire on behalf of the workers frazzled management. One
caller, who works with Wobblies at a large telecom call center, was
threatened by a manager with arrest for asking questions about the
“no-match” workers!

When D’Amico’s owners refused to budge from their illegal, unjust and
heartless position, the workers responded appropriately. Starting at
6:00 am the next morning a spirited picket managed to turn away three
large delivery trucks from the Uptown store, including meat, produce,
and general food supplies. This was a significant victory as the
trucks were from both union and non-union companies, and the
D’Amico’s Uptown restaurant also does the food prep for all their
metro outlet stores. Towards the end of the picket a private
contractor in his own vehicle crashed the picket line at the back
entrance hitting a student supporter.

Since then the workers and their supporters have thrown up pickets at
different D’Amico’s locations, and promise to continue their campaign
on many fronts.

The IWW, whose participation has been praised by the D’Amico’s
workers and WIN, will continue to advocate an industrial based direct
action strategy, including outreach to other workers in the company
and industry, tactics aimed at hitting the bosses where it hurts, and
for democratic control of the struggle by the workers themselves.

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