Car Wash Ordered to Pay $52,442 to Four Employees for Organizing Efforts

 

"Justice has been served," said United Steelworkers (USW) International President Leo W. Gerard.  "We are proud to join with carwash workers and others n the community in standing up to employers who intimidated, harassed and fired their employees for pursuing their legal right to safe working conditions and a voice on the job.  Their struggle for justice is our struggle."  

Gerard was discussing the National Labor Relations Board (NLRB) settlement against Vermont Hand Wash, a Los Angeles carwash that is at the center of an organizing campaign.  The NLRB agreement calls for back pay and reinstatement of workers fired for participating in organizing union representation.  Also, employees will receive pay for the periods when management unplugged the time clock during union demonstrations, causing the employees to work more hours to fulfill their required shifts. 

The struggle for a safe workplace with adequate pay has been made visible by the actions of many groups.  On April 25, 2009, the Screen Actors Guild (SAG) staged a picket line lead by actor Esai Morales (Lt. Tony Rodriguez on NYPD Blue, Major Edward Beck in Jericho and Joseph Adama in Caprica.)KPCC has covered the story. In February 2009, when owners Benny and Nissan Pirian were arrested on criminal charges stemming from labor law violations, the LA Times covered the story.

 Vermont Hand Wash is owned by brothers Benny and Nisan Pirian.  The Pirian family owns or operates several carwashes in the Los Angeles area including Vermont Hand Wash at 1666 N Vermont Ave in Los Angeles, Hollywood Car Wash at 6200 W Sunset Blvd in Los Angeles, Celebrity Car Wash at 901 N Vine St in Los Angeles, Five Star Car Wash at 9240 Reseda Blv in Northridge, Lawndale Car Wash at 17111 Hawthorne Blvd in Lawndale, and Magic Wand Car Wash at 2974 E Florence Ave in Huntington Park.

Vermont Hand Wash has been cited for serious OSHA violations, which has lead to the owners being charged with criminal misconduct for repeatedly and willfully violating labor laws.  A Los Angeles City Attorney said that the working environment "bordered on indentured servitude."  The AFL-CIO has alleged that workers at Celebrity Car Wash were not paid at least the minimum wage, workers compensation insurance was not paid for workers at Five Star Car Wash, and improper pay stubs were submitted for workers at Five Star Car Wash.  

The alleged safety violations are serious:

• Failing to provide adequate guarding for gears or sprocket chain drives at Celebrity Car Wash and Five Star Car Wash
• Failing to provide eye protection at Celebrity Car Wash 
• Failing to supply protective hand gear for employees at risk for cuts and chemical burns at Celebrity Car Wash
• Failing to to supply drinking water to Celebrity Car Wash employees
• Failing to provide a clean and safe place to eat and drink at Celebrity Car Wash where employees and their food would not be exposed to toxic car wash chemicals

The back pay awards of $52,442 include:

• $21,985 to be paid to former employee Jose Torres for firing him, cutting his hours and assigning him less desirable duties where he did not receive tips. Torres declined reinstatement.  
• $19,307 to be paid to Bosbely Reyna in back pay for firing him and assigning him less desirable duties. Reyna also waived reinstatement. 
  
• $9,500 to be paid to Israel Jimenez in back pay for firing him, cutting his hours, assigning less desirable duties, and ordering him not to start work because of union picketing. His offer of reinstatement will remain open for two years. 
  
• $1,650 to be paid to Pedro Guzman for cutting his hours, assigning him to less desirable duties, sending him home for refusing to propagate an anti-union message, sending him home for refusing to acknowledge unfair warnings and instructing him not to report for work to avoid paying him “show up pay” under California law. 
  

$8,925 will be paid to employees who were effected by management decision to unplug the time clock during union picketing.  Each employee could receive $200.

The Carwash Organizing Committee affiliated was formed last year to raise the standard of living, secure basic workplace protection, and address serious workplace and environmental safety hazards for the 18,000 carwash workers in southern California.  The USW is working in partnership with the AFL-CIO and the Community-Labor-Environmental Action Network, also known as CLEAN.  

"On behalf of the CLEAN Carwash Campaign, I would like to invite any carwash employer who wants to do the right thing to sign the CLEAN Carwash Agreement, thereby pledging to abide by minimum employment, health and safety, and environmental standards, and to respect workers rights to organize a union free from intimidation and harassment," said Henry Huerta, Director of the CLEAN Carwash Campaign.