After months of struggle,
immigrant workers at the Hot and Crusty
bakery/restaurant on Manhattan’s Upper East Side
have made big news for the workers movement. A
solid union victory – including a union hiring
hall and benefits virtually unheard of in the
industry – has come through a fight that
captured the attention of labor activists
throughout the city and beyond. Dramatic ups and
downs marked the campaign from the start, but
the workers’ determination to “seguir
hasta las últimas consecuencias” –
to stick it out, come what may – was crucial to
winning this battle. The inspiring outcome has
the potential to spark further, wide-ranging
efforts to organize low-wage immigrant workers
throughout the food industry in New York City,
“the restaurant capital of the world.”
On October 23 the Hot and
Crusty Workers Association (HCWA) signed a
contract with new owners of the 63rd Street
restaurant. A union press statement notes that
the workers “will return to the job under a new
collective bargaining agreement that provides
for union recognition and a union hiring hall,
paid vacation and sick time, wage increases,”
as well as seniority and a grievance procedure.
Having won advances that set a new precedent for
foreign-born restaurant workers, organizers “are
eager to build on this momentum,” stated the
Laundry Workers Center (LWC). The Hot and Crusty
workers, mainly immigrants from Mexico and
Ecuador, invited the New York-based activist
group to help them build the campaign, which
they launched in late 2011 in response to years
of abuse from the former owners of the lucrative
East Side locale.
“We Will Go Through to the
End”
As reported by The
Internationalist (“‘Hot
and Crusty’ Workers Show the Way,” 8
September 2012), the unionization
campaign emerged from the workers’ resistance to
conditions all too typical of workplaces in New
York and around the country in which employers
pay immigrants less than the legal minimum wage,
deny them all benefits, oblige them work when
sick or injured on the job, and threaten to fire
them if they protest. Fed up with abuse and
workweeks in some cases of 60 hours or more and
even up to 72 hours without overtime pay, Hot
and Crusty employees got no response when they
called the New York State Labor Department. With
aid from the LWC and the Eisner & Mirer
labor law firm, they sued the company,
eventually winning back pay, and undertook a
carefully planned campaign to build a union.
Virgilio
Aran of the Laundry Workers Center, at
November 16 press conference. “A victory
for all workers.” (Internationalist
photo)
Deploying
a panoply of dirty tricks from the anti-labor
playbook, the company hired a union-busting
consultant (a former labor bureaucrat who
found greener pastures working directly for
the other side), brazenly bought off a worker
who had initially helped launch the campaign
(promising him a share in the profits),
threatened to call the “Migra” immigration
cops, and tried to pad the lists of those
eligible to vote on union recognition by
bringing in relatives and “reliable” former
employees. To the bosses’ surprise,
however, the HCWA won hands-down when
representation elections were held in May.
Yet rather than negotiate,
the former owners closed the shop on August 31,
leading to an hours-long protest occupation by
Occupy Wall Street supporters, six of whom were
arrested for their solidarity action. The
workers then set up a picket line, organized in
two shifts from eight every morning to eight at
night, and were joined by supporters, notably
adjunct faculty and students from nearby Hunter
College, where Class Struggle Education Workers
activists won early support for the cause from
the faculty/staff union, the Professional Staff
Congress-CUNY. (The PSC chapter organized an
on-campus solidarity event on October 3 to help
build solidarity for the union brothers and
sisters at Hot and Crusty.)
A dramatic turn came on
September 8: at a rally of union supporters HCWA
spokesman Mahoma López announced that
prospective new owners had signed a tentative
accord agreeing to union recognition and a union
hiring hall. This was “a groundbreaking and
potentially historic step forward,” we wrote,
while stressing, as López and other
workers noted, that “the struggle is not over.”
Indeed, yet another turn in the situation came a
week later when the workers were told that the
building’s owners were refusing to sign a lease
that would permit the restaurant’s reopening.
“Feels like a roller coaster,” one union
supporter said – but the workers went right back
on the picket line. Soon enough, an anti-union
restaurant chain made a foray aimed at
exploiting the situation, but withdrew in a
hurry when faced with determined opposition from
union supporters and solidarity activists.
As days turned into weeks,
it was clear that persistence was key; no flash
in the pan, the struggle required the hard core
of union supporters sticking to their guns,
showing they would not be starved into
submission, while working to mobilize solidarity
from broader sectors of the labor movement. As
an Internationalist supporter in the supermarket
workers union noted – and as attested by a long
chain of defeated organizing efforts in the New
York food industry – winning union rights would
be far easier “were it not for the union bureaucracy,
whose torpid complacency is an expression of
their acceptance of second-class status for
immigrant workers.”
Christine
Williams of Transport Workers Union Local
100 Executive Board. “Immigrant workers gave a lesson:
if we stick together, we can win.”
(Internationalist photo)
Determined efforts were made
to expand support, and on October 18 a
“Labor/Immigrant Rights Rally” in solidarity
with the Hot and Crusty workers drew a hundred
enthusiastic participants, including
representatives and activists from some of the
city’s largest unions. These included subway and
bus workers (TWU Local 100), Verizon phone
workers (CWA Local 1101) and power workers from
Con Ed, city workers from AFSCME DC 37, the
predominantly immigrant Laborers Local 78 and
Jornaleros (day laborers), supermarket and
restaurant workers (UFCW,
UNITE-HERE, ROC-NY), teachers (UFT, PSC-CUNY),
and others. As Virgilio Aran of the Laundry
Workers Center told the rally, “This is an
example to all workers in New York City, and
to every union. Even though we are winning, we
are going to continue organizing workers in
laundries and in restaurants” (see “NYC
Unions Back Hot and Crusty Workers at
Labor/Immigrant Rights Solidarity Rally,”
19 October).
The daily picket continued
– with no strike fund, yet the workers held
firm. Getting the word out at other restaurants
and pizza parlors, they faced intimidation
tactics from police, who took photos, demanded
to see ID, and at one point made up a supposed
“law” against putting picket signs on cardboard
tubes (!). After two weeks on the line, voices
from the bosses’ camp grew louder in insisting
that it was time for the workers to call it
quits – but they didn’t buckle. In the second
week of October, an attempt was made to stampede
them back to work without the union hiring hall.
Firmly rejecting this, the workers voted once
again to continue the struggle. This
reaffirmation of their hard-edged resolve marked
a crucial moment in the campaign. “We felt it
was all or nothing for us,” one recalls; “we
vowed we would go through to the end.”
And after
55 days on the picket line, they won! On
October 25, news of the contract’s signing
reached the corner of 63rd Street, as workers
held up signs reading “We Did It!” Symbolic of
the impact, a cacophony of horn-honking ensued
as truck and cab drivers saw the signs and
signaled their approval. For the working class
of New York, this small group of immigrant
workers had made some big news indeed. As the
message of this victory spreads, it has the
potential to spark major new struggles.
Class and Race in the City
October 25, Day 55 on the picket line. “We
did it! Our struggle is for all
workers.”
(Internationalist photo)
Manhattan’s posh Upper East
Side might seem an unlikely scene for a
hard-fought union struggle, yet it provides a
telling microcosm of class and race in the city.
Passing the picket line on the sidewalk every
day, black Caribbean nannies pushed white babies
in strollers; Latino UPS men and Chinese laundry
workers rushed to make deliveries; an elderly
Italian shoe repair man stopped by every day to
share some pan dulce (Mexican pastry); a
young African American messenger came up to say
“we need a union where I work” and ask how he
could set about starting one. Dozens of Mexican
“delivery boys” (in reality men up to 50 years
old) paused when bicycling past at the picket.
At first they simply looked
it over from a distance, but as the weeks went
by increasing numbers ventured over to talk
about how bad things are at their own
workplaces. Since Second Avenue is a major
thoroughfare – for countless delivery and repair
vehicles as well as cabs and the MTA – hundreds
of truck, bus, van and cab drivers saw the
picket each day, and many of them made a point
of honking in solidarity. (One young Hunter
adjunct who came often to the picket line
observed that the enormous trucks using their
air horns to blast this message of solidarity
could help dispel armchair academics’ hot air
about the alleged “disappearance” of the working
class.)
Innumerable neighborhood
workers – and a good number of residents – had
encouraging words for the Hot and Crusty
pickets, and hundreds stopped at the picket
table to sign petitions or drop bills into the
donation canister. Yet some upper-crust denizens
tried hard to demoralize the workers, who had to
endure haughty ladies and gentlemen railing
against unions or yelling “Get a job!” As
picket-line stalwart Margarito López
recalls, “Every day they kept asking us,
‘What are you still doing here?’” The restaurant
was “closed forever, you’re never going back,”
others lectured the workers. Enraged by a picket
sign reading “Honk to Support Workers Rights at
Hot & Crusty,” one local yuppie assaulted
the comrade holding the placard, ripping it to
pieces while shrieking threats and abuse.
Worse still were the bigots
who vituperated against “illegal immigrants”
(though as one union supporter noted, “they
don’t ask for your papers when they come in to
buy a danish – just when you start fighting for
your rights”). Here a glimpse of multiracial
workers power was instructive. For several
weeks, a crew of workers from Con Ed, as well as
specialized contractors, was at the corner of
63rd repairing underground gas and electric
lines. One morning a well-dressed white man
began screaming anti-immigrant epithets at Hot
and Crusty workers on the picket line. Two
Afro-Caribbean road crew workers suddenly
appeared with a large metal crowbar and started
fiddling with a manhole cover right next to the
bigot, who promptly turned tail. Approached by a
union supporter who thanked them for their quiet
but effective solidarity, one said, “yeah, that
guy was an asshole” – “a racist
asshole,” his coworker agreed, adding: “We’re
all immigrants here when you get down to it.”
Need and Potential for
Class-Struggle Organizing
Tabling at Hunter College,
September 27. CUNY Internationalist Clubs
used forums, class visits, items in student
papers to help build support for Hot and
Crusty workers. (Internationalist
photo)
That the Hot and Crusty
struggle fired the imagination and hopes of
many, while enraging others across the class
divide, is due in good part to the way it drew
attention to the enormous
potential for wide-ranging, militant
organizing among immigrant workers in New York
and beyond. Super-exploited, doubly and
triply oppressed and largely disenfranchised,
these workers – mere raw material for
exploitation from the standpoint of the ruling
class – could be sparked into struggle by even a
localized victory. The potential for a massive
campaign to organize the unorganized is
underscored by other efforts by low-wage workers
that overlapped with the events at Hot and
Crusty. A successful organizing drive by car
wash workers in the Bronx and Queens made
headlines in the New York
Times – while unprecedented protest/strike
actions have broken out at the notorious
Wal-Mart chain.
With an estimated 165,000
workers in its food service sector, New York
City is home to fifteen thousand eating and
drinking establishments, generating fabulous
profits. (Revenues for 2010 were projected at
over $15 billion.) The secret to success in “the
restaurant capital of the world” – from the
corner pizza parlor to the latest food-blog
phenomenon, on up to the Michelin/Zagat
stratosphere – is super-exploited immigrant
labor. Seventy
percent of NYC restaurant workers are
immigrants, drawn from a very wide range of
countries throughout the world, at least 40
percent of whom are undocumented. It is to these
workers that the most dangerous, ill-paid and
dirty tasks are assigned: toting endless heavy
crates up and down the stairs to dank cellars;
cutting, slicing and dicing meat and vegetables;
handling super-heated pizza ovens, saucepans and
sprayers; washing dishes and jockeying delivery
bikes through heavy traffic. Injuries are
commonplace, but like paid vacations, sick days
are virtually unheard of – less than 10 per cent
of the restaurant workforce has them.
The industry’s demographics
highlight the potential impact of the victory at
Hot and Crusty. Like the workers there, a
strikingly large proportion of New York food
workers come from Puebla, Guerrero, Tlaxcala and
other Mexican states ravaged by the North
American Free Trade Agreement. Signed in 1994
under Democrat Bill Clinton, NAFTA drove
millions from predominantly peasant regions p’al Norte
as migrant proletarians. One result is New
York’s large Mexican-origin population, which
grew almost 58% from 2000 to 2007 alone, and is
presently estimated at close to 300,000. Also
relatively recent, large-scale immigration from
places like Bangladesh, Ecuador and West Africa
links up with large populations from the
Caribbean, China, India/Pakistan, Eastern Europe
and elsewhere in a city where 37 percent
of the population (roughly 3 million out of 8
million-plus) consists of immigrants,
concentrated in the working class (46 percent of
the labor force), particularly in the low-wage
sector.
Facing arrogant employers
used to having their way in a business where
brutal abuse and starvation wages are the norm,
a strategy based on the logic of class struggle
offers the only real hope of success. While
capitalist politicians and media spew xenophobia
against immigrant workers, “condescending
saviors” of various descriptions approach them
like helpless victims, or a passing cause
célèbre for liberal
do-gooders. For revolutionary Marxists, in
contrast, the growing immigrant sector of the
U.S. working class forms a vital human bridge to
some of the most volatile parts of the planet,
while enriching the workers movement here with
experience from around the world. Relying on the
workers’ struggle, unchained from its
subjugation to Democrats and Republicans,
class-struggle unionism can reverse the pattern
of labor retreat. With an impact far beyond one
New York restaurant, the Hot and Crusty workers'
victory illustrates the potential for a militant
workers movement.
Calling for full
citizenship rights for all immigrants in
the struggle for socialist revolution, since our
inception the Internationalist Group has been
virtually unique on the left in systematically
winning workers from this dynamic sector, to
become cadres in building the nucleus of a
genuinely internationalist and revolutionary
workers party. This helps explain an aspect of
the Hot and Crusty campaign that observers often
noted but did not always “get”: the role of the
relatively small, Trotskyist IG, not just as
daily picket line participants but also (for
example) as organizers of labor and student
support in the struggle for a solid union
victory.
At the same time, the Hot
and Crusty campaign has been an important
experience for our organization’s supporters,
who combined their picket duty with intensive
study of lessons from past struggles, such as
the organizing campaigns described in Teamster
Rebellion, Farrell Dobbs’ classic account
of the Trotskyist-led Minneapolis strikes of
1934 that helped pave the way for the explosive
rise of mass industrial unions in the midst of
the Great Depression. Linking these lessons to
today’s struggles is an example of how the
revolutionary party helps serve as “the memory
of the working class.”
Given the
divide-and-conquer tactics used by bosses
everywhere, immigrant worker activists of the
Internationalist Group also emphasized the need
to counteract national/ethnic divisions (notably
between Latinos and Asians). Prominently
featured at the picket line was an LWC placard
reading “Workers united,” with the word workers
in Arabic, Chinese, English, Filipino, French,
Hebrew, Italian, Japanese, Korean, Portuguese,
Russian, Spanish and Turkish. IG activists laid
particular stress on the inseparable connection
between immigrant rights and the fight for black
liberation through socialist revolution in this
deeply racist country that was founded on
chattel slavery. The need for proletarian
opposition to capitalist politicians of every
variety was a point our comrades emphasized
during innumerable discussions over past weeks,
dominated as they were by elections in the U.S.
as well as Mexico. Just after the Hot and Crusty
win came Hurricane Sandy, with HCWA and LWC
members participating in relief efforts in some
of the worst-hit areas. The storm’s ravages
showed anew just how deadly are the grotesque
inequalities of class and race. “It is really
shocking how people were just abandoned, in a
country we’re always told is the center of the
‘First World’,” one Hot and Crusty worker
remarked after spending the day clearing rubble
in Far Rockaway.
“A Struggle for All the
Workers”
Determination on the picket
line, September 25. Sign called for unity of
workers, with new languages being added as
the struggle continued.
(Internationalist photo)
“Esta lucha
es para todos los trabajadores” (This is a
struggle for all the workers). Inviting others
to join the fight, this slogan from placards at
the 55-day picket line expressed a sentiment
often voiced by the Hot and Crusty workers.
Commenting on the settlement, Mahoma
López said: “The workers are feeling
really excited about this news because this is
more than just a contract for us. We are putting
an example out there for other workers.... We
want others to take this victory to their own
workplaces so we can make change in this
country.”
At a meeting where the
union victory was discussed, HCWA activists said
the fight had changed them forever, and spoke of
their proud belief that others will be inspired
by their example. “We stood up, we fought and
won this battle, but the workers struggle is a
war that will continue,” one older worker
observed. With one after another powerfully
describing the meaning of the campaign,
long-time Hot and Crusty dish washer Margarito
López summed up:
“Despite everything that
happened to us in this fight, we remained there
[on the picket line] and never gave up. And so
long as workers are being exploited, we have to
be there with them, to support them, in line
with our ideals.... We always said that we could
win this struggle, but only if we stayed united.
Every worker must become conscious of our common
struggle, and of how we must push it forward
together. The fight does not stop here, because
all of the companies want to keep on exploiting
us all. This is the moment for the workers to
wake up, to cast off the darkness they keep us
in, because as workers and as immigrants, our
rights will never come as some kind of gift from
any boss. We won a contract because we stuck it
out, and we are going to continue in the
struggle.”
Message
from International Longshore and
Warehouse Union (ILWU) Activist
Jack Heyman
October 30, 2012
To the Hot and
Crusty Workers Association, NYC:
Union brothers and
sisters,
From the docks of
Oakland we send you greetings of
workers solidarity – and
congratulations for the struggle you
have waged. Winning union recognition,
a union hiring hall and a first union
contract, you've continued on the
proud, historic path of class struggle
in this country and show the way for
other militant workers’ victories.
They tried to stop
you, but they couldn't: that is the
fresh lesson of workers solidarity
that you have given. Standing strong
on the picket line for 55 days, you
stood up to attempts to intimidate
you, wear you down, demoralize you or
starve you out. You didn't have a
strike fund, but you had something
even more important: perseverance and
the determination to win a solid union
victory. It was this that brought out
over 15 of New York’s most important
unions to back your fight in last
Thursday’s [October 18]
Labor/Immigrant Rights Rally in
Solidarity with the Hot and Crusty
Workers.
As mentioned in the
message I sent eight weeks ago, West
Coast longshore workers won the union
hiring hall through the 1934 general
strike and battles in which police
killed three of our union brothers. In
the fight for workers power, we
learned the hard way that the
government, courts and cops are on the
bosses’ side. But our side has
something even more powerful: the fact
that without our labor, nothing moves
and we can bring it all to a halt when
we organize to use our power as a
class. And in that fight, who does or
does not have “papers” matters not one
damn bit – “La lucha obrera no tiene
fronteras!” Or put another way: Asian,
Latin, black and white – Workers of
the world, unite!
Your example can
and must spread. Your stunning victory
will inspire others to fight. Organize
the unorganized – full rights for all
immigrants – let’s build on this
victory!
– Jack Heyman, ILWU
longshore organizer of the 2008 May
Day strike against the war and chair
of the Transport Workers Solidarity
Committee
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