On September 30, 2003 the National Labor Relations
Board (NLRB) issued complaints against David's Jade Palace Restaurant,
citing violations of the National Labor Relations Act and retaliation
against workers for engaging in legally protected union activities.
Additionally, the NLRB may seek an injunction to force the restaurant
to rehire the illegally fired workers, an action the Board only
takes in the most egregious cases.
K. P. Wong, 38, a waiter, stood up to the owner, David Ng, with
some of his co-workers, because he could no longer accept the
terrible working conditions. "We are paid below the minimum
wage, sometimes as little as $0.92 per hour. We do not get paid
overtime, and we don't get a break time for lunch or dinner after
working 12-hour shifts."
D. Fong, 33, was fired because he joined the 318 Restaurant Workers
Union. "My employer treated us like less than human beings.
I am fighting for my job back because I want to tell my employer
that's wrong. The manager took part of the tips and he controlled
the tip sharing and fired anyone who did not agree."
In addition to reinstatement, the six illegally fired waiters
all want their back pay, they want David Ng to comply with the
Federal and State labor laws, and recognition of their union.
The NLRB decision comes after months of picketing and community
outreach by the workers, the 318 Union, NMASS, other community
organizations, as part of Justice Will Be Served, a grassroots
campaign led by restaurant and other service workers fighting
sweatshop conditions. The workers and supporters held a press
conference on Tuesday October 6th outside the restaurant where
they vowed to continue the boycott.
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