(Update 7/30/2004)
The Spring of 2003 waiters at David's Jade Palace
Restaurant, in the affluent suburb of Hartsdale, NY, joined with
NMASS' Justice Will Be Served! Campaign (JWBS!) to take a stand
against sweatshop conditions. The waiters, mostly Chinese immigrants,
were getting paid $.92 an hour, received no overtime pay, and
had no breaks during their 12-hour shifts. Even worse, the waiters
say, is that the restaurant owner, David Ng, seemed to take pleasure
at scolding his workers - even boasting that he had fired 200
people over two years.
Prior to their involvement with NMASS, they joined
the independent 318 Restaurant Workers Union to pursue the creation
of a bargaining unit for the wait staff. In response to the waiters
organizing, owner David Ng brought in the United Food & Commercial
Workers Local 888, AFL-CIO to bust the workers unionization drive.
Employers, to keep workers under control, commonly
use this tactic. However, when this failed to discourage the workers'
organizing, David Ng fired the waiters - which led to JWBS! launching
a weekly picket of the restaurant.
Members of NMASS and the workers reached out to
involve other restaurant workers, individuals and organizations
in Westchester to join weekly pickets - and to spread the word
about boycotting the restaurant. Subsequently, articles about
the workers organizing began appearing in the local media. The
struggle even attracted international support from workers groups
in the Czech Republic and Sweden and was covered in a French newspaper.
Among the community organizations that joined the fight were the
Westchester Peace Action Coalition and the Workers' Solidarity
Alliance.
In September, the National Labor Relations Board
issued a complaint against the restaurant, which forced Local
888 to withdraw its efforts to represent the workers. The NLRB
demanded the restaurant reinstate the waiters because the employer:
1) Discriminated against the waiters by conferring
benefits upon non-supporters, and
2) Interfered with the waiters' rights to form a union by urging
employees to support Local 888, and directed his agents to assist
Local 888 in their union activity.
With community pressure increasing, and business
declining from the boycott the restaurant still refused to rehire
the waiters, and negotiate with 318. Instead, using another common
employer tactic, David Ng shut down his restaurant - filing for
bankruptcy.
Then he asked a Federal judge to throw out the waiters
back pay lawsuit because the restaurant was bankrupt. However,
the judge allowed the workers to pursue their claim because the
employer could be individually liable. This forced David Ng to
settle the back pay lawsuit, and the waiters emerged victorious
with a $250,000 settlement.
In the midst of this victory, the workers are keeping
a close eye on David Ng, and are standing ready to take care of
the "unfinished business" of holding him accountable
for reinstatement. With this in mind, we are asking for your continued
support. If you would like to participate in the JWBS! Campaign
please call NMASS at 718-625-9091.
NMASS Home | Justice
Will Be Served | Support
the David's Jade Palace Workers | NLRB
Demands Reinstatement for Illegally Fired Waiters
