OPINION & EDITORIAL
Labor scandal at Wisconsin Union?
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Also by Jason Smathers:
- Your Christmas gift: Lighten up! (December 13, 2007)
- America in dire need of education on gender identity (December 7, 2007)
- Getting off or going down: Is porn destructive? (December 5, 2007)
- Catholic group deserves funding, at least for now (November 28, 2007)
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- Wisconsin Union responds to 'patently false' allegations (November 8, 2007)
- End silence on domestic violence (October 29, 2007)
- Apologists revise history (March 30, 2007)
- Return of the usual suspects (September 25, 2002)
by Jason Smathers
Wednesday, November 7, 2007
In Madison, not a day goes by without someone — a student, an activist or a bystander — yelling his opinions, declarations or grievances from a makeshift soapbox. Mid-October saw another example of this activism, when a group of frustrated activists marched toward the Capitol in defense of immigrant rights and reform. There may have been hordes reminding citizens "No human is illegal," but at least one group of immigrants remained silent. Until now.
One current and one former Union employee, who both spoke on condition of anonymity, allege that approximately 25-30 illegal immigrants are employed at both Memorial Union and Union South as third-shift custodians. One of those anonymous sources knows this all too well — he is one of these illegal immigrants.
Due to his attempts to gain employment elsewhere, the former Union custodian asked that his name not be used, so we will refer to him as Jorge. Jorge's employment is verified in part because his real name appears in a PDF version of UW's staff directory as an employee of union custodial services.
A string of personal injuries
In a sit-down interview with The Badger Herald, and through a Spanish translator, Jorge gave a personal account of what he claims was extended exploitation of illegal immigrants like himself at the hands of union supervisors. Nearly everything left unfinished by the legal workers — bathroom cleaning, snow shoveling, stair and floor cleaning — was assigned to the illegal immigrants, sometimes extending past normal hours without overtime pay, according to Jorge, who said he's worked at the Union for roughly two years.
Amid allegations of racism and unfair treatment, Jorge claims more serious problems came about during a routine floor waxing at Union South. Due to a miscommunication between him and a building manger, Jorge combined the wrong ingredients. Despite acknowledging Jorge's mistake, Jorge said the building manager told him to use the incorrect mix anyway. From there, Jorge stated the concoction "exploded," releasing toxic fumes. As he began to inhale the chemicals, he felt a throbbing pain in his chest and had trouble breathing. Jorge claims a building manager only responded to the situation after he began to turn purple. Although Jorge soon found it easier to breathe, he still requested to go the hospital. Instead, he was allegedly told to wait until his shift was over. While Jorge complied with this request, he said a trip to the hospital the next day revealed damage to his respiratory system had been done — a chest x-ray revealed signs of asthma.
He was given medication and told he needed to take two weeks off work, as the medication caused heavy drowsiness that would likely send him to sleep within an hour. Jorge insists he told his employers, but to no avail — he said he was told that he would not be paid for these weeks by supervisor Chris Acker, who allegedly told him, "If you want to keep your job, you need to keep working." Jorge took the medication but continued to work, against doctor's orders. Eventually, while vacuuming the Union South game room, Jorge said the prescription kicked in, he fell asleep and was told he had been caught on camera by his supervisor. Jorge later came back with his prescription to explain the incident. Mr. Acker allegedly responded by telling him that he could not continue to take his medication, and any repeat events would cost him his job. Jorge said he complied and stopped taking his medication.
It took one more health situation around August 2007 to end Jorge's two-year employment at the Wisconsin Union. During a shift at the Memorial Union, Jorge was allegedly told to clean the bathrooms with heavy machinery used on a regular basis. The problem was that the machine usually required multiple employees to push this massive device up a ramp from basement to the first floor. When Jorge found no one to help, he attempted this feat himself, but with dangerous results. Not only did the device nearly flip over and crush him, but Jorge claims he felt a sharp pain in his lower stomach and a distinct "pop" to accompany the pain. When he informed his supervisor of the injury, Mr. Acker allegedly responded, "You're just making stuff up. You just want to take days off." After another doctor's visit revealed he had a hernia, Jorge stated union officials sent him to the UW Clinic for a second opinion. There, Jorge was told he could lift no more than 20 pounds and would have to be prepped for surgery within weeks.
While Jorge claims his supervisors were informed of this situation, he insists they continued to have him operate the bathroom machinery that had previously caused his injury. This choice resulted in a more serious injury: His belly button popped outward and the taste of blood lingered in his mouth. When his doctor questioned why he continued to disregard orders, Jorge cited his employers' lack of attention to these medical needs. The doctor then sent him with a note to his employers, Jorge said, stating that he could not work and would require a full two months off in order to have surgery and recover. Jorge said he informed Wisconsin Union human resources manager Tomas Garcia about the problems with his supervisor and the mandated time off. According to Jorge, Mr. Garcia said that he would handle the situation.
Upon return, he said, the atmosphere changed dramatically. Jorge said he found himself without any scheduled hours and had trouble obtaining disability pay. When he did find hours, Jorge said his doctors continued to emphasize his limitation: He could not lift more than 20 pounds. Despite this, supervisors allegedly still instructed him to set up tables for a new student event. In the midst of lifting, Jorge said the work belt he was using to reduce strain failed him. After the sharp pains returned, Jorge claimed he took off his belt and found it covered in blood: his stitches had ruptured. This time, Jorge said he asked no supervisor for permission to leave and went immediately to the hospital. Shortly thereafter, he was allegedly informed that there was no work for him and his employment was terminated.
Is it possible? Is it
legal?
With a story packed with such allegations, the first question that arises is, "How was this man employed at the University of Wisconsin without proper documentation?" After talking with Wisconsin Union officials and Jorge, the answer is still unknown. Jorge said that his documentation status was never discussed or acknowledged, nor did he personally reveal his citizenship status. Jorge claimed that he submitted I-9 forms with insufficient documentation.
However, Wisconsin Union facilities director Paul Broadhead stated the Union "follows all the protocols mandated by state law and federal law." Mr. Garcia, the human resources manager, echoed that statement, but when asked if a potential worker's social security number is followed up with further verification, he said administrative legal services informed his office that those documents must be accepted at face value. This answer appears to contrast sharply with Wisconsin Union Communications Director Marc Kennedy's, who insisted the Union automatically checks to make sure social security cards match the cardholders. For this reason, Mr. Kennedy said it is highly unlikely Jorge could have slipped by undetected for two years.
Another concern is that Jorge's employment status reveals possible flaws in the limited term employment system at UW. Jorge claims he was employed as a seasonal worker with a starting hourly rate of $7.50 — which, as of July 2007, was increased to a living wage. The seasonal contract lasted for six months, but at the end of those six months, he was signed to another six-month custodial contract at Memorial Union. In the two years he was employed, he switched back and forth between Union South and Memorial Union. This means his position, while technically temporary, is treated as semi-permanent, but at an LTE wage without the benefits of a standard custodian. While both union officials and classified human resources manager Mark Walters stated this policy is technically legal, Mr. Walters called it a legal "gray area." Since switching an LTE employee to a new six-month contract would require different job duties and working environments, switching a Memorial Union custodian to Union South is still technically legal because custodial duties may differ at each location. However, Mr. Walters and Mr. Kennedy both emphasized this practice is what LTE reform efforts have tried to move away from.
Further investigation
needed
Whatever the outcome of these legal arguments, one thing is obviously clear — silence on this issue cannot continue. Jorge and the anonymous custodial source both alleged that Mr. Acker actually recruited more illegal immigrants by asking them to send their relatives for possible employment. Mr. Garcia defended the allegations against Mr. Acker, stating that he had the utmost confidence in his job performance. Mr. Acker could not be reached for comment.
The immigration debate has raged in every corner of America. Those calling for employers to abide by the rule of law and tighten their hiring practices are completely right; this type of exploitation gives businesses an unfair advantage by using cheap, expendable labor to increase profit margins. Certainly, the voices of reform should storm the gates demanding an end to this unsavory practice of plausible deniability whenever it is uncovered.
However, just for a moment, let us give the outcast immigrant, who is assailed as a criminal and freeloader despite his contribution to the American work force, the last word.
As Jorge said, "Just because we're undocumented doesn't mean we're machines, it doesn't mean we're slaves. Just like anybody else, we have a family to provide for." Let us keep that in mind, as we evaluate, comment and dig deeper into the allegations at the center of our campus.
Jason Smathers (jsmathers@badgerherald.com) is a senior majoring in history and journalism.
Anonymous (November 7, 2007 @ 2:10am):
More appropriate for a front page piece, rather than an "editorial"
Anonymous (November 7, 2007 @ 2:22am):
haha, ouch. this one's gonna be a hard one to shake for the union, and about time. they could use a good knock off their pedestal.
Anonymous (November 7, 2007 @ 7:02am):
Absolutely front page stuff,Jason-stay on this.
Eric Bort (November 7, 2007 @ 7:14am):
There's a lot more of this going on than the media really covers, and it's all over teh U.S. not just in border states which is why I think people are sometimes shocked when it happens to their company or organization. What makes it tough is that simply following government guidelines sometimes isn't enough, take SWIFT with the immigration raids... they were apparently following protocol and still got in big trouble.
Anonymous (November 7, 2007 @ 7:40am):
First, this is a deplorable way to treat a human being. The human resources staff at the Union should be ashamed of themselves and disciplined appropriately.
Second, why am I not surprised that the Union hires illegal aliens? It's time that the UW follows rules and actually enforces the laws of this state and nation. (I know that it's not easy, but as a government institution, it's the UW's duty.) Hire legal aliens instead and give people who are here legally and want to work a chance.
Anonymous (November 7, 2007 @ 9:01am):
Just because someone says something doesn't mean it's true.
Anonymous (November 7, 2007 @ 9:07am):
I thought the Union was private - owned and run by a student organization, not the UW.
Anonymous (November 7, 2007 @ 9:17am):
holy muckraking...impressive find.
but i really hope the result of this isn't the firing of those 25-30 immigrants...
Anonymous (November 7, 2007 @ 9:58am):
wow.....
Anonymous (November 7, 2007 @ 10:24am):
I think I hear SLAC salivating...
Anonymous (November 7, 2007 @ 10:34am):
i really hope the result of this is the deportation of those 25-30 immigrants...
get some starving students on the job instead
Anonymous (November 7, 2007 @ 10:45am):
"administrative legal services informed his office that those documents must be accepted at face value"
The next crime after entering the USA illegally is usually that of obtaining false identification or identity theft. No person is illegal but some persons commit illegal acts otherwise know as crimes. This makes them criminals, not illegal persons.
Anonymous (November 7, 2007 @ 11:01am):
If you are in this country illegally, then you should be deported. Plain and simple. Now more BS from liberals. In fact, most liberals feel the same way. You can't solve all the country's labor problems by letting illegals in.
Anonymous (November 7, 2007 @ 11:25am):
10:45, illegally entering the USA isn't a crime, as you seem to believe - it's a civil infraction. There is nothing criminal about it - it's not even a misdemeanor - and making claims that all illegals are legally "criminals" is inflammatory and untrue. Look up the law before pretending to espouse it.
Anonymous (November 7, 2007 @ 11:31am):
1. Crimes are defined by laws, and not necessarily ethics or morality.
2. Even if the laws in question are good (I'm not debating that point right now), that doesn't make it okay to mistreat the people involved. Hiring someone is a two-way contract.
Anonymous (November 7, 2007 @ 11:33am):
"i really hope the result of this is the deportation of those 25-30 immigrants...
get some starving students on the job instead"
yeah, i bet they'll all be lining up to clean toilets on the graveyard shift. in fact, once you succeed in driving these workers out of the country, i think it's only fair that you xenophobes get the "privilege" of working all the wonderful jobs these immigrants were "depriving" americans of. ungrateful bastards.
and you use the term "starving" rather liberally. most students i know have enough money to fill themselves up with nutrionally empty substances until they are incoherent every weekend.
Anonymous (November 7, 2007 @ 1:01pm):
"i hear slac salivating" what the fuck? Its great to see Jason write this piece but why would SLAC be salivating? The organization has been working to bring employee exploitation to light for years at the union including racist supervisors to both black and brown employees, Wage violations and union busting efforts!
Anonymous (November 7, 2007 @ 1:07pm):
"once you succeed in driving these workers out of the country" there will finally be enough demand to support robot development - let a million roombas floorish!
Anonymous (November 7, 2007 @ 1:13pm):
ILLEGALLY entering the USA is a CRIME! These people are no doubt working with falsified SSN's and birth certficates which is also a crime.
Line up the homeless to clean toilets on the graveyard shift for room and board.
Anonymous (November 7, 2007 @ 1:18pm):
"Look up the law"
Illegal Immigration is a Crime
Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:
Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
Eludes examination or inspection by immigration officers; or
Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact; has committed a federal crime.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
Anonymous (November 7, 2007 @ 1:51pm):
"Line up the homeless to clean toilets on the graveyard shift for room and board."
yeah, if you like toilets that never get cleaned.
the problem is deeper-the american economy depends on these illegal workers to perform a multitude of undesirable tasks, and american businesses actively recruit them. so, to just haul them away is in the first place unfair (businesses should bear some of that brunt) but is also a denial of how essential these people are. we need a immigration system that reflects the realities of the economy and the central role these workers play in it instead one derived from a comfortably detached nativism.
Anonymous (November 7, 2007 @ 1:55pm):
Do you even realize how stupid it is to say "entering the US illegally is a crime"? Crime = illegal, yes, duh. The question is whether the laws are right in the first place. Also, that does not excuse human rights abuses in any way whatsoever.
Anonymous (November 7, 2007 @ 3:11pm):
1:18, exactly. There really isn't any need for further immigration reform, because the "law of the land" has already been written. We need to enforce the current law, and that falls under the president's executive responsibilities (courts interpret, congress makes, and executive enforces laws).
Do your job, President Bush.
Anonymous (November 7, 2007 @ 3:49pm):
"The question is whether the laws are right in the first place."
Name the countries which have no laws about immigration and allow unrestricted entry to anyone.
Mexico should do something for it's poor citizens beyond providing maps and helpful tips for moving to the USA.
Anonymous (November 7, 2007 @ 3:53pm):
BIKING ON AN UNREGISTERED BIKE IS ILLEGAL.
JAYWALKING IS ILLEGAL.
IF YOU COMMITT THESE ACTS, YOU ARE A CRIMINAL AND YOU SHOULD BE ARRESTED.
IF YOU DON'T LIKE IT, TOUGH.
Anonymous (November 7, 2007 @ 4:11pm):
The insurmountable problem is that there is no reliable identification method, and with no way to tell if someone is a citizen or legal resident it is impossible to hold businesses responsible for hiring illegal aliens.
A national identity card that is hard to counterfeit is what is needed, but no one seems to support that idea. I'm not sure I'd like it myself.
I'd rather see the troops brought home from Korea, Germany and Japan, and put to guarding the USA borders.
Anonymous (November 7, 2007 @ 4:25pm):
ROBBING A BANK IS ILLEGAL.
MURDER IS ILLEGAL.
IF YOU COMMITT THESE ACTS, YOU ARE A CRIMINAL AND YOU SHOULD BE ARRESTED.
IF YOU DON'T LIKE IT, TOUGH.
Anonymous (November 7, 2007 @ 4:37pm):
haha, first thing i see when i walk into the union today: some really miserable looking girl sitting at a table with a sign that says "work at the union."
Anonymous (November 7, 2007 @ 4:57pm):
Think how great this country would be if no one ever in history had showed up here without INS papers.
Anonymous (November 7, 2007 @ 5:14pm):
The saddest thing about this story is that the Union was probably hiring and mistreating illegal immigrants in order to keep student seg fee costs down . . .
Anonymous (November 7, 2007 @ 5:36pm):
I really hate that the peso will probably soon be worth more than the dollar. We might be the illegal immigrants sooner than we think... watch out Canada, here come the Americans!
Anonymous (November 7, 2007 @ 6:46pm):
Not that I condone these allegations, if they are true, but I find some faults in this information. You state that jobs left to the illegal workers are those not finished by legal workers. When you say legal workers are you talking about the staff that work during the day for the Union? If so your accusations are false. The reason they are left for the night crew (or those you may call 'illegal') is because it would be irrational to take out bulky cleaning equipment during the day when many thousands of students are filing through the Union's doors.
Also, last time I checked there is no ramp in existence that goes from the basement to the first floor. We have elevators for a reason...
Anonymous (November 7, 2007 @ 8:34pm):
6:46,
There may not be a ramp, but maybe he was talking about an incline. I know that hallway in the basement of Mem. Union and it has an incline at points that would make it hard to push up.
Anonymous (November 7, 2007 @ 8:44pm):
1:01,
I meant they're salivating because they have a new issue to ram down our throats. The difference is we should actually care about this one.
Anonymous (November 7, 2007 @ 10:14pm):
Aside from the immigration status of the worker, there are evident several clear violations of the new campus LTE policy, which Mark Walters even helped draft.
Anonymous (November 7, 2007 @ 11:36pm):
This is a very irresponsoble story, I wouldn't be surprised if the Union sues you for libel (seriously, get your lawyers), all this writer had to do was consult with oh say an HR professor about hmmm let's see worker's compensation law, and perhaps this story would be worthy of being put into print.
Anonymous (November 7, 2007 @ 11:37pm):
It's so cute that the BH is trying to muckrake, but it seems they didn't get all their facts straight judging by the statement issued in response by the Union Comm. Director.
It also is clear the BH knew this, which is why an obvious front page story ran as an editorial. It wasn't really news or an opinion piece. Pick one and go with it.
It does raise important issues, but it wasn't quite executed correctly in my opinion.
Anonymous (November 8, 2007 @ 2:39am):
An off-topic comment. I like how there's a picture of Brett Favre behind you, Smathers.
Gregory W Edwrads (November 8, 2007 @ 5:52am):
I'm not sure what this writer was trying to accomplish, it seems he tries to play on Americas true union peoples hart strings. Any union employee or officer will see 100 holes in this Bull Beeep...
Ill wait to see the investagation play out till then
The Union, any union no mater what the trade have larger obligations to this country its citizens and legal employees since they fight so hard to get the extra money and with all this hype on grand medical insurance and pensions that they currently don't give back to the people. There should be an extremely tuff and extremely well thought out investigation into all this unions people and officers for the past years it was allowed to operate.
This Union should be closed today. All the way back to the top of its office. This Wisconsin Union does not take these issues seriously.
As far a the criminals with a string of personal injuries... if they where here legally in the first place they would have learn the difference in the first week of what is right and what is wrong when it comes to a company that Puts on the UNION LABEL...
I look forward to seeing them all locked up with the same people that alowed the sitation to start.
Anonymous (November 8, 2007 @ 10:10am):
We always talk of illegal immigrants, why does no one talk of the illegal businesses hiring them. Why can we not punish the union for their illegal actions? Maybe we should deport the people who hire these workers?
Anonymous (November 8, 2007 @ 12:05pm):
Way to go Jason! Exposing this sort of injustice is jsut what the media should do more of.
Anonymous (November 8, 2007 @ 2:51pm):
This article's exposure of the exploitive practices of our student unions is essential for us to begin to challenge the Human and Worker rights violations that are happening with our student dollars. But the ignorance and racism that is inherent in this article as well as many of the responses is inexcusable. Jason, to write that the first thing you wonder after hearing such an awful story from a ex-union employee is, "how did he get hired in the first place?", not how could we be so fundamentally violating anyone, documented or not, with such atrocities is the first thing that comes to my mind. Wake up and look at the broader picture of exploitation of immigrant labor. it is a violation of human rights at its core. not an issue of "legal" or "illegal".
Anonymous (November 8, 2007 @ 5:17pm):
I agree with the 2:51 post. The racism in this article is very disturbing. It is horrible that any human being has been treated like this. If the US really wanted to address immigration in a systemic way we'd look at the exploitative foreign policies that make immigration necessary.
Anonymous (November 8, 2007 @ 7:38pm):
"but it seems they didn't get all their facts straight judging by the statement issued in response by the Union Comm. Director."
Because Kennedy is the purveyor of all absolute truth, and his refutation of Smathers' article couldn't possibly be to save the ass of the Union management...
Anonymous (November 9, 2007 @ 1:19am):
all of you who said being illegal is a crime..you are ungreateful little kids!!
No matter their documentation these people deserve to be treated like human beings end of story.
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