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Catholic Migration Services Files An Unfair Labor Practice Charge With the National Labor Relations Board Against Brooklyn-Based Company, Art to Frames
Whistle Blower Employees Fired in Retaliation for Requesting Masks
Brooklyn, NY (September 21, 2020) – Catholic Migration Services filed an unfair labor practice charge with the National Labor Relations Board (Region 29) against the Brooklyn-based employer, Art to Frames on Thursday, September 17th. The charge alleges that Art to Frames fired an estimated thirty-five workers after they collectively requested that their Employer provide masks to employees for protection from COVID-19.
“These workers only earned minimum wage at Art to Frames and after their termination, they have struggled to make ends meet and find other employment,” said Magdalena Barbosa, Managing Attorney – Workers’ Rights Program, Catholic Migration Services. “Many of these workers also contracted COVID-19 and suspect that they were exposed to the virus at work.”
The COVID-19 public health crisis is creating many challenges for immigrant workers and their families. An estimated six million immigrants are in essential jobs at the front lines of the response to this pandemic. Immigrants, women, and people of color disproportionately fill many of these low-wage jobs and find themselves at heightened risk of exposure to COVID-19 while at work.
Although New York has some of the strongest laws on the books to protect workers, these workers are NOT protected by New York’s current whistleblower statute, New York Labor Law Section 740,” said Miriam Clark, former president of the National Employment Lawyers Association/New York. “The current law fails to protect employees who blow the whistle on anything that is not both an actual violation of a law, rule or regulation and also creates and presents a substantial and specific danger to the public health or safety. These cramped provisions make New York an outlier among the states: employers can even fire whistleblowers who complain about coronavirus-related violations, unless the employee can prove that there is an actual violation of law, rule or regulation, which is rare.” Catholic Migration Services and the National Employment Lawyers Association/New York call on state lawmakers to amend New York Labor Law Section 740 to ensure that whistleblowers are protected
“I worked at Art to Frames for about two years,” said Luis Jacome, Former Employee, Art to Frames who was fired after joining his colleagues in requesting protective personal equipment while on the job. “When we began learning about COVID in early March, my co-workers and I became scared. People were coughing at work and we were afraid of getting sick. All we wanted was for our employer to protect us, but they took zero precautions. No masks, no safe distances – there wasn’t even soap in the bathroom. Instead, we were fired. A few days after my termination, I went to the hospital because I was very sick with COVID symptoms.”
“I’m a single mom and while I was devoted to my job, my kids have always been my number one priority,” recalled Digna Rivera, Fired Employee, Art to Frames. “I reported to work at Art to Frames every day for five years to provide for my family, not to bring home dangerous germs. All we asked for was for our employer to provide a safe environment to work, and simply for that we were fired! We seek justice and to send a message to Art to Frames that our safety and our lives are not expendable.
The Workers’ Rights Program at Catholic Migration Services works towards strengthening the enforcement of workers’ rights through affirmative litigation, policy reform, individual representation, and community education. In collaboration with workers’ centers and community-based organizations citywide, the Workers’ Rights Program provides advice and representation to hundreds of low-income and immigrant workers each year facing a range of problems.
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About Catholic Migration Services
Since 1971 Catholic Migration Services, an affiliate agency of Catholic Charities Brooklyn and Queens, has been providing quality legal services in Brooklyn and Queens, and currently provides free legal assistance and Know Your Rights education to low-income individuals in need of immigration, housing, and workers’ rights legal services. As the first office of its kind in the country, Catholic Migration Services has served tens of thousands of immigrants regardless of race, religion, ethnicity, national origin, or immigration status.
Media Coverage
Catholic Migration Services Files Charges Against Art to Frames, for Firing Workers Denied PPE, Currents News, Monday, September 28, 2020
The brutal, senseless, and inhumane killing of George Floyd was heart-breaking, sickening, and outrageous. No human being deserves what happened to him. The families of George Floyd and all our black and brown brothers and sisters who have violently lost their lives are in our thoughts and prayers.
Sadly, racism is not a thing of the past in our nation. The treating of individuals as less than human is unacceptable. The human dignity of every single person must be respected. Racial inequality remains ever present in wealth, housing, employment, our immigration system, and enforcement of the law. Never has this division been so starkly apparent than in the last few months. Communities of color and immigrants have been disproportionately impacted by the devastation of the Covid-19 virus. Black and immigrant communities have been epicenters of infections and death in New York City. In the resulting economic devastation, these communities struggle to pay rent and pay for basic necessities, including many immigrants, who are excluded from federal relief packages. Catholic Migration Services stands in solidarity with our black and brown brothers and sisters. We remain firm in our commitment to respecting the human dignity of all. We must all work together t end the cycle of hatred, and to end the cycle of racism.
Last week Catholic Migration Services and New York Lawyers for the Public Interest hosted a Virtual Immigration Town Hall via Facebook Live. Panelists discussed how COVID-19 is impacting tenants and workers, shared helpful resources with the immigrant community during this difficult time, and took questions from the audience. If you missed it, view the video below.
*The Virtual Immigration Town Hall begins at 00:09:00
Join Catholic Migration Services and New York Lawyers for the Public Interest for an Virtual Immigration Town Hall on…
Posted by Catholic Migration Services on Thursday, May 7, 2020
