New York, NY – After news of an impending store closure, workers at the 63rd Street location of Hot and Crusty Bakery called for a 24-hour picket and store occupation, saying the company deliberately withheld rent payments following a hard-fought and successful unionization drive in May 2012. The company, owned by private equity partner Mark Samson, gave the Hot and Crusty Workers Association 11 days notice of eviction from the property, informing employees that August 31 would be their last day.

The union, led by a grassroots labor organization, the Laundry Workers Center and a contingent from Occupy Wall Street, students, faith and community members are occupying the workplace and holding an around-the-clock picket, demanding the company to discontinue its union-busting tactics, pay its rent immediately and continue to negotiate a fair contract with its workers. The company has used several bait-and-switch tactics during negotiations, threatening workers’ immigration status to deter their commitment to continuing the fight.

The August 31 closure will mean the loss of 23 jobs – including those of employees with as many as twelve years of employment with the company. Workers allege owners, including Mark Samson, Evangelos Gavalas and Nick Glendis, have a demonstrated history of wage and hour violations, intimidation, retaliation and harassment of workers in several of their businesses, as well as a pattern of closing down shops and opening under different aliases to avoid legal and economic liability. Workers have filed charges at the National Labor Relations Board alleging that the company is closing the 63rd Street shop to intimidate workers organizing at other Hot and Crusty locations.

Mahoma Lopez, a leader in the campaign who has worked at Hot and Crusty for over seven years said, “I want to send a message that we have to change the way immigrants are treated in this country. We have to show the bosses that we can’t be treated like animals any longer. We need to take radical action like people did in the civil rights movement, so that our voices can be heard. We are so happy to have the community here with us.”

Diego Ibanez, a member of Occupy Wall Street, emphasized the connection between Wall Street and workers, saying, “We’re sending a clear message to greedy bosses that we are watching and will not allow our people in the community to be oppressed any longer.”

#NewYorkNY #NewYork #picket #OccupyWallStreet #HotAndCrustyWorkersAssociation

After a four-month public campaign to bring attention to injustices in the workplace, workers were overjoyed by news of their victory. Documenting widespread labor violations spanning six years, including overtime and minimum wage violations, non-compliance with health and safety codes and sexual harassment and verbal abuse of female employees, workers began organizing their campaign after approaching the grassroots community organization Laundry Workers Center United to assist them in their efforts.

After many attempts by the workers to reach a reasonable agreement with the company, parties came to an impasse when management refused to negotiate in good faith over terms and conditions of employment. Responding to the employers’ threat that “structural changes within the workplace would not happen without a union,” the workers formed an independent labor organization and filed a petition for certification with the National Labor Relations Board.

Using provisions of New York State’s newly enacted Wage Theft Prevention Act, championed by community organizations and State Senator Diane Savino (D-Staten Island/Brooklyn), a civil lawsuit was simultaneously filed for overtime and minimum wage violations, as well as liquidated damages. Gene Eisner of Eisner and Mirer, P.C, counsel to the workers, emphasized the importance of the Act’s “stiffened penalties, liquidated damages and critical protections for the undocumented in reclaiming what is rightfully owed to these hardworking individuals.”

Applauding the workers’ resolve in rejecting settlement offers that failed to address continued violations in the workplace, Laundry Workers Center Founder Virgilio Aran said, “This was a struggle completely led by the workers and the decisions were made collectively to address structural issues that many immigrant workers in this country face. We have all learned a great deal from their courage and determination to organize.”

Mahoma Lopez, a leader in the campaign who has worked at Hot and Crusty for over seven years, stressed the importance of workers coming together in their workplace to stand up against injustice, saying, “This is a victory for us all, particularly for immigrant workers. We have shown the bosses that, when we organize, there is no stopping us. When we come together, we are strong.”

The company has responded to the workers’ organizing efforts with threats, intimidation and offers of monetary compensation, all of which are unlawful under the National Labor Relations Act. Workers at other Hot and Crusty locations have since come forward with similar wage and hour violations, which are currently being investigated. Recently the company, in response to the success of the organizing of the Laundry Workers Center, hired a union-busting firm and tried to stop workers from speaking to the media.

#NewYorkNY #immigrantRights #HotAndCrustyWorkersAssociation #LaundryWorkersCenter