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Since August 1997 members of the 318 Restaurant Workers Union,
New York's Chinatown's only independent restaurant workers
union, have withstood repeated threats, firings and abusive
conditions to picket Silver Palace two and three days a week,
saying "no" to long hours, stolen tips and other
sweatshop conditions. When a court ordered management to rehire
them, these fighters went back to work and continued to picket
on off-hours withstanding intense pressure under management's
heel. Management eventually fired them again because they
continued to organize both on the street and inside the restaurant.
The actions of these women and men have inspired many others
in the NY-NJ area to stand up against sweatshop conditions
and led to formation of the Justice Will Be Served campaign
for all service workers.
The current battle began in 1997, when Silver Palace closed
and reopened as "New" Silver Palace, claiming it
had no responsibility towards its former employees. Management
made everyone apply as new employees and offered jobs only
to those who would renounce their union publicly and also
go into debt for $5,000-just for the "privilege"
of working there. Since then the restaurant has continuously
violated labor laws, targeted and discriminated against union
workers, stolen workers' tips and withheld wages. The National
Labor Relations Board (NLRB) successfully brought charges
against management, going to court and demanding Silver Palace
compensate workers $4.5 million in back pay. The NYS Attorney
General brought a criminal case against the owners and managers
for non-payment of wages. In 2000 the workers filed a RICO
case against the bosses, the first time that RICO, an anti-racketeering
law used against organized crime, has been used against a
restaurant. Due to overwhelming evidence, before the hearing
the judge issued a summary decision that even if Silver Palace
files for bankruptcy some owners and managers must pay part
of the workers' back wages out of personal assets.
The
fact that the bosses have been able to hold out exposes how
biased the legal system is against working people, regardless
of evidence. The bosses are unrepentant. They changed the
restaurant's name four times within five years to try to escape
accountability, to bring in business and drag this fight out.
Most recently owner/manager Richard Chan attempted to collude
with Joseph Chu, the building's landlord and the owner of
Eastbank which made loans to the restaurant. The two worked
out a scheme where the restaurant would declare bankruptcy
and then give all the stolen tip money to Chu as payment for
rent and loans, leaving workers with nothing.
The workers and NMASS continue to picket weekly to demand
reinstatement, recognition of the union and over $4.5 million
in compensation for wages and stolen tips. A lot more is at
stake here than just a few jobs - this is about exposing the
bosses and the legal system and inspiring more workers to
take back control over their lives. These women and men are
smashing the sweatshop stereotype of Asian immigrants as passive
and showing other working people what it means to go all the
way in standing up for our rights.
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mail: NMASS P.O. Box 130293, New York, NY
10013-0995
email: nmass@yahoo.com
Brooklyn Workers Center: 93 Third Avenue,
Brooklyn (corner of Bergen St.)
tel: 718-625-9091 fax: 718-625-8950
subway:N/W/R or 4/5 or 2/3 trains
to Atlantic/ Pacific Subway stop. (map)
Lower East Side Workers Center: 59 Hester
Street between Ludlow and Essex
tel: 212-358-0295 fax: 212-358-0297
subway: F train
to East Broadway
©2007 NMASS All Rights Reserved
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