Boycott Saigon Grill

2011-03-29T12:16:00.000-05:00

Sweatshop Free Pledge Day

Saturday, April 9, 12 noon

Meet at Trinity Lutheran Church, 168 W 100^th Street (Amsterdam)

Together, we can build a community that supports workers’ rights and fair labor practices.

Join us for a day of outreach to encourage local businesses to sign the Sweatshop Free pledge (snacks provided)

Contact: Sweatshopfreeny@gmail.com or (908) 312 – 0497

For more info on the campaign: http://sweatshopfreeny.tumblr.com/

More businesses take the pledge to be Sweatshop Free!

2011-03-25T23:20:00.003-05:00

Hartley Pharmacy
Apple Tree Supermarket
Flor De Mayo Restaurant
Suba Compounding Pharmacy
Mama Mexico Restaurant
Sol Y Sombra Restaurant
Popover Cafe
Famous Amadeus Pizza

Rally against sweatshops set for Saturday - Crain's New York Business

2011-03-25T21:04:00.001-05:00

By Adrianne Pasquarelli

Labor leaders, residents and elected officials are planning to rally on the Upper West Side on Saturday for a sweatshop-free community. The event is timed to the 100-year anniversary of the Triangle Shirtwaist Factory fire, where 146 garment workers lost their lives.
At the rally, organizers will announce a Sweatshop Free Upper West Side Campaign, in which local businesses are encouraged to pledge to uphold savory labor conditions and fair practices. Each business that makes a pledge will receive a sticker. Already, retailers including Apple Tree Supermarket, Flor De Mayo, Mama Mexico and Sol y Sombra have pledged their support of the campaign.
“We're going to be calling on the community to get more pledges, this is just the start,” said Wendy Cheung, a representative from the Justice Will Be Served Campaign, one of the sponsors of the rally. “We're hoping more and more businesses in the area will join in.”
A few hundred people are expected to attend the event, which will be held in front of the Saigon Grill Restaurant at Amsterdam Avenue and West 90th Street. In recent years, former workers of Saigon have alleged that the restaurant engaged in unfair labor practices, such as age discrimination and retaliation against organizing workers. Saigon came under new management last year, but Ms. Cheung said the company has continued its unsavory treatment.
“A few years ago, our community supported a boycott of the Saigon Grill,” State Rep. Linda Rosenthal said, in a statement. “Now, we're back, defending workers being mistreated by their new owners.” She will attend the rally, accompanied by City Councilwoman Gale Brewer, New York state Senators Tom Duane and Adriano Espaillat, and local student and faith-based organizations.
Saigon Grill claims the allegations are false and remains unfazed by the location of the rally.
“This is a restaurant, not a sweatshop,” said Riu Wang, assistant manager of the eatery. He noted that the workers making such allegations were never employed by the company. “There's nothing illegal,” he said.

Rally against sweatshops set for Saturday - Crain's New York Business

DNA Info Reports: Sweatshop Free Rally for this Saturday!

2011-03-24T21:17:00.001-05:00

By Leslie Albrecht
DNAinfo Reporter/Producer
UPPER WEST SIDE — Most people think of sweatshops as factories where workers toil in dismal conditions, but some say sweatshops exist on the Upper West Side, and they want to stamp them out.
Justice Will Be Served, a workers' rights group, will hold a rally this Saturday to launch a "sweatshop-free" campaign on the Upper West Side. The 1 p.m. rally will be held outside Saigon Grill, the restaurant on Amsterdam Avenue and West 90th Street whose previous owners were found guilty of mistreating workers in 2008.
The restaurant is under new ownership, but Justice Will Be Served says labor problems persist, including age discrimination and retaliation against workers who've tried unionize. They've been picketing outside Saigon Grill and calling for a boycott since December.
Saigon Gril's attorney, Eric Su, said no labor problems exist at the restaurant.
Now Justice Will Be Served wants to expand its campaign to other neighborhood businesses. They're asking business to "pledge" to remain "sweatshop-free," meaning that they'll follow labor laws.
"Some folks might say sweatshop is too strong a term, but I would say that wage and hour violations shouldn't be tolerated, and 'sweatshop' is shorthand for that," said Eric Dirnbach, a volunteer for the sweatshop-free campaign who also works for a construction union.
Workers' rights is an issue near and dear to many Upper West Siders, but many are unaware of the extent of the problem in their own backyard, Dirnbach said.
Since Saigon Grill's workers pushed to improve conditions in 2007, employees at several other restaurants including Flor de Mayo, Ollie's and Tomo Sushi have won similar improvements, according to Justice Will Be Served.
"Pressure on small businesses in the neighborhood can lead them to cut corners, so this is a campaign to educate people about it," Dirnbach said.
Justice Will Be Served has lined up support from City Councilwoman Gale Brewer, Assemblywoman Linda Rosenthal and State Senator Adriano Espaillat. Organizers for the group have been holding weekly meetings at Trinity Luthern Church.
The group will announce a list of business that have signed its sweatshop-free pledge at Saturday's rally.
Su, the attorney for Saigon Grill, said workers from the restaurant plan to speak at the rally, too.

Read more: http://www.dnainfo.com/20110324/upper-west-side/rally-will-launch-sweatshopfree-campaign-on-upper-west-side#ixzz1HrAhFZLc

Help Plan the Sweatshop Free Community Rally

2011-03-15T21:35:00.000-05:00

Sweatshop Free Community Rally

Saturday, March 26, 1 pm

90^thSt. & Amsterdam Ave.

To protest the continued exploitation of workers at Saigon Grill & launch the Sweatshop Free Campaign to ensure fair labor practices in our community!

Join our planning meetings! Thurs 6:30-8:30pm, Trinity Church 168 W 100^th St

Let’s make our community sweatshop free!

Join us to plan & mobilize for the rally

Contact: boycottsaigongrill@gmail.com or (212) 334-2333

What is a “sweatshop” and who is affected?

A “sweatshop” is a work environment that is harmful to workers and community. Sweatshops are marked by hazardous conditions and repeated violations of labor laws. Many people think sweatshops only exist in the garment industry and only affect “unskilled” and immigrant workers. However, many more working people, whether immigrant or U.S.-born, currently face worsening conditions and heightened job insecurity. Employers are cutting benefits, increasing lay-offs, and lengthening work hours. Sweatshops bring down standards for all workers by creating a race to the bottom and undermining those businesses that do comply with labor laws.

In the Upper West Side today, workers of the new Saigon Grill (reopened October 2010) are organizing to stop the age discrimination and retaliation against workers. By firing workers for being “too old” and retaliating against those who protest and organize for their rights, the new owners of Saigon Grill are setting a bad example in the community and threatening hard-fought improvements.

What is the “Upper West Side Sweatshop Free Campaign”?

The Sweatshop Free Campaign is led by residents, students, and community groups to build a community where fair labor practices are the standard. In the past, the struggle of workers at Saigon Grill (2007) exposed labor law violations such as failure to pay minimum wage and overtime, tip-stealing, and discrimination. This led other workers to organize and improve conditions at Flor De Mayo, Ollie’s Noodle Shop, Tomo Sushi, Café Con Leche, Artie’s Deli, Cottage, Kim’s Vegetables, and Nail Plaza. While workers and residents were able to make significant improvements, the Sweatshop Free Campaign marks a new stage, calling on the entire community to join and create a supportive neighborhood that upholds ethical business practices.

As concerned neighbors and ethical consumers, Upper West Siders urge local businesses to join the community effort: pledge to comply with all labor laws and maintain a fair labor workplace.

Why Rally on March 26?

* PROTEST THE CONTINUED EXPLOITATION OF WORKERS AT SAIGON GRILL

* LAUNCH THE SWEATSHOP FREE CAMPAIGN

* ANNOUNCE BUSINESSES THAT PLEDGE TO BE SWEATSHOP FREE

o Are you part of the Upper West Side Community?

o Do you want your neighbors, school, or community group to get involved?

o Are you or do you know a local business that wants to set an example and pledge to be sweatshop-free?

Sweatshop Free UWS is endorsed by: Senator Tom Duane, Assembly member Linda Rosenthal, Democratic State Committeeman Daniel Marks Cohen, Community Free Democrats, Three Parks Democrats, NYS Labor-Religion Coalition, Rabbi Neil Kaunfer of Judeotutor Service, Pastor Neumark of Trinity Lutheran Church, Rev. K. Karpen, Rev. Robert L. Brashear of West Park Presbyterian Church, Justice Will Be Served! Campaign, Columbia University Asian American Alliance

Saigon Grill Owners Collude with Business Union Local 713 IBOTU to Undermine Workers’ Organizing

2011-03-15T21:29:00.000-05:00

Since November, workers, students, and residents have been picketing at Upper West Side Saigon Grill, calling for an end to the new owners’ discriminatory and retaliatory practices. Despite the owners’ repeated attempts to stop the protest, the National Labor Relations Board upheld the right of workers to picket at the restaurant.

Recently, the owners brought in a business union, Local 713 of the International Brotherhood of Trade Unions (IBOTU). Local 713 and its top officials have a long history of shady business. The current officials of Local 713, Richard Scalza, and his brother Perry Scalza were once top officials of Local 819 of the International Brotherhood of Teamsters, until 1994, when the federal government found them to be selling union memberships for cheap health insurance, creating fictitious companies and records for their members. Richard, Robert, and Perry Scalza are permanently barred from the Teamsters union for engaging in organized crime (NY Times).

A year later, the Scalza brothers and Peter Hasho formed Local 713 IBOTU. In 2003, a federal grand jury indicted Local 713 President Peter Hasho with conspiracy to steal and embezzle more than $350,000 in union and welfare funds from Local 148 of the Novelty and Production Workers Union in a “multi-faceted fraud-scheme” (U.S. Department of Justice). With this history of corrupt dealings, it is no wonder that the Saigon Grill owners brought in Local 713 to break up the workers’ campaign to improve conditions at the workplace.

Immediately before the Local 713 union election was held on February 24, 2011, workers currently working at Saigon Grill reported that manager Frank Jhang said, “If you don’t vote for the union, we will all lose our jobs because the ones outside will come in to work.” Saigon Grill owners are using Local 713 to dupe not only the workers but also the Upper West Side community, which has largely supported the boycott.

We call on supporters to join us to stop the unfair labor practices at Saigon Grill!

Update on other businesses in the Upper West Side

2011-03-14T21:29:00.000-05:00

We applaud the following businesses for pledging to be sweatshop free businesses:

Appletree Market
Flor De Mayo Restaurant
Hartley Pharmacy

Victories throughout the Upper West Side

2011-03-13T21:32:00.000-05:00

Victory for Tomo Sushi workers:
In 2009, workers sued Tomo Sushi and owner Tsu Yue Wang for failing to pay minimum wage and overtime. Tsu Yue Wang is the owner of Ollies’ Noodle Shop & Grille, Vine Sushi and many other businesses in the Upper West Side. Even after the multi-millionaire businessman tried to evade the law by closing down Tomo Sushi and transferring the business to Vine Sushi, and even after he filed for bankruptcy, the workers of Tomo Sushi still won a significant settlement reclaiming their unpaid minimum and overtime wages. A message to other business owners: Learn from Tsu Yue Wang. If you change your company’s name; close shop, or file for bankruptcy, you still cannot escape the law when workers organize.

Workers from the following businesses have also won backwages for the owners’ failure to pay minimum and overtime wages:
Café con Leche, Kim’s Fruits & Vegetables, Artie’s Deli, Cottage Restaurant, Ollies’ Noodle Shop & Grille and Flor De Mayo.

NY State Puts Sweatshop Boss Simon Nget in Jail

2011-01-19T00:11:00.001-05:00

We applaud the New York State Attorney General's office for setting a good example by putting this sweatshop boss in jail. We hope other employers will take note. Many employers abuse the civil court system to evade the law. We need the NY State Attorney General's office to do more criminal prosecution to uphold the law. We plan to continue to work with the newly elected Attorney General to continue this good work.

Read the original NYPOST article.

'Saigon' restaurant tyrant sentenced to three-months jail

By LAURA ITALIANO

Last Updated: 10:07 PM, January 19, 2011

Posted: 12:30 PM, January 19, 2011

Manhattan's "Saigon" and its despot leader have officially fallen.

The former owner of Manhattan's popular Saigon restaurant chain will marinate in a city jail for the next couple of months, under his sentencing this morning on a massive Attorney General employee-abuse case. With good behavior, he'll likely serve two months of a three-month sentence.

Simon Nget was led handcuffed to jail today more than two years after his and his wife Michelle were first exposed for their tyranny over their bicycling fleet of illegal-alien delivery workers.

The workers -- most of them Chinese nationals -- were paid as little as $520 a month while working 72-hour weeks at Saigon Grill at 620 Amsterdam Ave. and Saigon Spice at 91 University Place.

That works out to only $1.80 an hour.

In pleading guilty to felony falsifying business records and misdemeanor witness tampering and retaliation in October, 2009, Simon had admitted he cooked his wage books and fired workers who were outing him to the feds and organizing to fight him in civil court, according to court papers.

In its original 242-count indictment, the state's allegations went still further.

Workers were "fined" by the Ngets if they were too busy with deliveries and couldn't help package sauces, then-AG Andrew Cuomo charged.

Workers were forced to cash bogus paychecks in their names, and hand the cash back to the Ngets, so the couple could pretend to be paying legal wages, the complaint alleged.

Both Simon and Michelle were initially charged with all counts in the full indictment. Through a two-year plea negotiation process, Michelle's charges were reduced to a misdemeanor, then dismissed entirely this morning.

Simon ducked his head to avoid a news photographer as he was led to jail. Michelle covered her head in a hood and sobbed as she left Manhattan Supreme Court.

"He's lost everything," said his lawyer, Robert Race. "He lost the business. He lost everything." The restaurants are still running, though under new owners.

Under the terms of his plea, Simon and his corporations must pay back a total $47,600 restitution to the state department of labor, to compensate the unemployment insurance fund. He must pay an additional $84,500 in state taxes.

But the biggest hit was a landmark $4.6 million award to 36 deliverymen ordered by a federal judge in October, 2008,

The New York Times City Room Reports on the Saigon Grill Campaign

2011-01-05T18:50:00.004-05:00

January 5, 2011, 3:26 pm

New Owners, and New Labor Complaints

By SAM DOLNICK

Ruth Fremson/The New York Times Plus ça change: workers protesting outside the Saigon Grill on Amsterdam Avenue in March 2007.

If some restaurants are cursed with bad locations, maybe others are cursed with bad labor relations. Two years after a federal judge awarded $4.6 million to delivery workers at the Saigon Grill, a Manhattan noodle house, to compensate for their severe exploitation, the restaurant’s new owners face a fresh round of claims of worker discrimination and intimidation.
A restaurant workers’ union filed a complaint with federal authorities last month accusing the new owners of harassing and firing workers who protested age discrimination and expressed support for joining a union. Bei Lin and Qiao Lin, brothers who now own the restaurant , threatened the employees, manipulated work schedules to decrease their tips, and fired many who objected, according to  the complaint filed with the National Labor Relations Board by the 318 Restaurant Workers Union.
Since November, former employees and workers’ advocates have been protesting five days a week outside the Saigon Grill at 620 Amsterdam Avenue at 90th Street. They have set up a Web site urging neighbors to boycott the  restaurant, taking up a tactic used during the last round of the labor fight.
The Saigon Grill, a neighborhood haunt popular for its spring rolls and coconut soup, has been at various locations on the Upper West Side since 1996. It has had high Zagat ratings for food, as high as 23 out of a possible 30.
But the previous owners, Simon and Michelle Nget, paid delivery workers less than $2 an hour, and systematically cheated the staff out of tips and wages, a federal judge found in 2008. When the extent of the labor violations became clear, many Upper West Siders, a group known for its deeply liberal politics, were left uneasy at the scale of mistreatment in their midst.
After a long battle, the workers won the fight. In addition to the $4.6 million award, the attorney general’s office handed down a 400-count criminal indictment against the Ngets.
Mr. Nget pleaded guilty in 2009 to taking illegal kickbacks from workers and creating fake business records, among other counts, and will be sentenced to 90 days in jail and five years’ probation. Mrs. Nget’s case is still pending.
But now, some workers claim that conditions under the new management, which took over in October, threaten those hard-earned victories. Jerry Wang was one of several waiters fired in October after defending workers that he said Bei Lin planned to fire because they were too old.
“He discriminated and turned against the people who speak up,” Mr. Wang said. “It’s really an injustice.”
Mr. Wang is one of about 20 employees, including about 10 delivery workers still employed there, who have signed on to the complaint.
The Lins’ lawyer, Eric Su, denied all the allegations. He said the union was trying to pressure the  owners to hire its members and run the business as union leaders saw fit.  “It’s a bullying act,” Mr. Su said, adding that the protests had dramatically hurt the restaurant’s business.
A former branch of the Saigon Grill in the West Village, now called Saigon Market, is under different ownership.
Josephine Lee, a workers’ rights advocate who has been helping the employees, said the fight at the Saigon Grill carried special resonance.
“More workers came out because they saw how other workers were fighting for their rights,” said Ms. Lee, an organizer with Justice Will Be Served, an advocacy group for low-wage workers. “Now, with this boss coming in, he’s basically saying, ‘I’m above the law.’ ”
“We can’t let this happen here,” she said.

Workers File National Labor Relations Board Charge Against the new Saigon Grill

2011-01-05T09:00:00.000-05:00

For Immediate Release:
January 5, 2011

** Press Advisory**

Workers File National Labor Relations Board Charge Against the new Saigon Grill

Protest Boss' Retaliation Against Servers & Delivery Workers Who Stand Up For Their Rights

On December 23, 2010, the 318 Restaurant Workers' Union, on behalf of several servers and delivery workers who worked and are currently working at the new Saigon Grill, filed a National Labor Relations Board charge against the new Saigon Grill restaurant owned by Bei Lin and Qiao Lin.

The charge states that because of the workers' organizing and/ or unionizing activity, the new owners of Saigon Grill threatened workers with discipline and firing, threatened to close the restaurant, changed the work schedule and tip policy of delivery workers, engaged in tactics to reduce delivery workers' tips, and fired and refused to reinstate several servers.

"This boss should know better after what happened here with the old Saigon Grill owners. But the new owners have only learned the bad practices from the old boss. Once they took over the restaurant they pushed out the kitchen workers and then fired the servers and retaliated against the delivery workers who speak out. They think they are above the law. We ask people in the community not to accept these kinds of sweatshop practices here," said Guo Zhong Wu, new Saigon Grill delivery worker.

The Justice Will Be Served! Campaign will continue to picket five days a week Wednesdays to Sundays and ask people not to patronize the sweatshop business until the owners right their wrongs.

Saigon Grill Workers Call for Boycott Over Alleged Age Discrimination - DNAinfo.com

2010-12-07T00:06:00.001-05:00

Saigon Grill Workers Call for Boycott Over Alleged Age Discrimination - DNAinfo.com

By Leslie Albrecht
DNAinfo Reporter/Producer
UPPER WEST SIDE — Saigon Grill — the Vietnamese restaurant whose workers won a $4.6 million jury settlement after its owners violated labor laws — is under fire again from workers who say they're being treated unfairly by the restaurant's new owners.
Workers have been picketing the restaurant on Amsterdam Avenue and West 90th Street for about two weeks, calling for a boycott of Saigon Grill, which also has a Greenwich Village location that's under different ownership.
On Sunday, about 20 picketers stood outside the eatery wearing signs with slogans such as "Saigon Grill Stop Age Discrimination and Ensure Equal Employment" and shouting, "Boycott Saigon Grill."
A manager at the restaurant said he couldn't comment because the restaurant's new owners have taken legal action against the picketers. He referred comment to an attorney who was not available for comment Monday.
The restaurant's previous owners had to sell both Saigon Grill locations to pay for the multi-million dollar court settlement awarded in the wake of numerous labor law violations.
New owner Bei Lin started operating the Upper West Side location in October, after pledging to treat workers fairly, said Josephine Lee, a spokeswoman with anti-sweatshop group Justice Will Be Served.
But Lee says that promise was broken almost immediately.
The new owner promised to hire workers referred by the employee advocacy group Chinese Staff and Workers' Association, but Lin refused to hire some workers who were over 40, saying they were too old, Lee said.

Workers chanted "Boycott Saigon Grill" outside the Upper West Side restaurant on Amsterdam Avenue and West 90th Street on Sunday afternoon. (DNAinfo/Leslie Albrecht)

When seven waiters and three busboys challenged Lin, telling him that age discrimination is illegal, they were fired, Lee said. The fired employees were all associated with the 318 Restaurant Workers Union, Lee said.
Lee said the new owner also retaliated against deliverymen who filed paperwork to form a union by cutting their hours and overstaffing the department, which means employees get less work and fewer tips.
"Basically he's trying to undermine a lot of the improvements that we made," Lee said. "Wages had gone up, hours had gotten shorter, people's lives had gotten better, but now he wants to get rid of anyone who's organizing for better conditions."
Justice Will Be Served is calling for a boycott of Saigon Grill until the new owner rehires the workers who were fired. Lee said the group plans to take legal action against the new owners, including filing a complaint with federal labor officials.
The picket line will bring back memories for Upper West Siders, who watched two years ago as workers mounted a long struggle to expose unfair labor practices at the restaurant.
They ultimately prevailed when a federal judge ruled in 2008 that Saigon Grill's previous owners, Simon and Michelle Nget, had violated overtime and minimum wage laws by paying deliverymen less than $2 an hour, the New York Times reported.
The 36 Chinese immigrant deliverymen who sued the restaurant were awarded a $4.6 million settlement in the case.
Assemblywoman Linda Rosenthal said the case is still fresh in the minds of Upper West Siders, who rallied around the workers when they fought the restaurant's previous owners.
Rosenthal said people still ask her whether it's OK to eat at the restaurant, after some of them stopped dining there in solidarity with the employees.
Rosenthal, who supported the workers who spoke out against the old owners, said she's meeting this week with Saigon Grill's new owners about the latest allegations.
"After seeing what happened with the previous owner, anyone who attempts to replicate his actions is out of their mind," Rosenthal said.
"Why would somebody want to do that kind of thing again? It's not like the West Side closed its eyes. We're very vigilant here. If all these allegations are an (accurate) description of the new owner's actions, I'm sure the West Side will jump right back into action."
One of the picketers, Jerry Weng, said he was one of the workers who was fired after he spoke up on behalf of older employees.
Weng said the restaurant's new owners had failed to make good on the promise to treat workers well.
"It's really a shame," Weng said. "The community supported him, but he broke his promise. He betrayed the community."

Read more: http://www.dnainfo.com/20101206/upper-west-side/saigon-grill-workers-call-for-boycott-over-alleged-age-discrimination#ixzz1AIsZZKF9

Saigon Grill Protests Heat Up Again Under New Owners

2010-12-06T23:19:00.001-05:00

Saigon Grill Protests Heat Up Again Under New Owners

12/6/10 at 3:48 PM
Comment 8Comment 8Comments

The battle of Saigon Grill flared up again Sunday as at least a dozen picketers braved the bitter cold to assail new management. Placards reading “Boycott Saigon Grill” recalled the protests that began in 2007 after former owners Simon and Michelle Nget fired 36 delivery workers — and were later ordered to pay them $4.6 million in back wages by a federal judge. When they were arrested in 2008, the Ngets had to sell their restaurants at 620 Amsterdam and on University Place. The new UWS owners, Bei Lin and Quiao Lin, opened on October 1; however, protesters began picketing on November 23, accusing management of discriminating against waiters and busboys referred by the militant Chinese Staff and Workers Association, a labor-rights group based in Chinatown.
"We referred ten and they actually hired them," said Wing Lam, executive director of CSWA. "They wanted one of them to be the manager. But they said they could keep only four (waiters) and wanted to get rid of the three older workers. The other (workers) said that's not right, so they fired everybody," he claimed. The referrals were on the job for just one day.

Lam also contended the new Saigon Grill management was "harassing" the delivery workers that CSWA referred to the restaurant for trying to organize a union. CSWA organizer Josephine Lee says the group will soon file a complaint against the restaurant with the National Labor Relations Board. She said management had agreed to abide by the labor laws but had not kept its promise.
Saigon Grill manager Frank Chang denied Chinese Staff's allegations, claiming that waiters they had sent "were not qualified." He told us, "They sent seven people, and only one or two were qualified. Customers complained." Chang admitted CSWA helped his boss get a liquor license after it was suspended because of the criminal charges against the Ngets. But he claimed the labor-rights group "wants to control the business. They want to pick the waitstaff. I said one or two. They wanted all of them (hired)."

Chang estimated that Bei Lin paid about $2 million to buy the UWS restaurant from Simon Nget. He noted his boss is "very sad" about the protests, adding that business has slowed because of the picketing.
Update: "I am deeply troubled by allegations of worker mistreatment, including age discrimination and a refusal to hire union members, especially in light of Saigon Grill’s long history of exploitation under the old management,” says New York State Assembly member Linda B. Rosenthal. “I will be meeting with the new owner this week and thoroughly reviewing the charges workers have identified.”

BOYCOTT THE NEW SAIGON GRILL

2010-12-03T23:18:00.001-05:00

DEMAND EQUAL EMPLOYMENT OPPORTUNITY AND END TO DISCRIMINATION

Over the past few years, workers, students, and elected officials and residents of the Upper West Side community fought very hard to change work conditions. After a three-year battle, the delivery workers, illegally fired from Saigon Grill, won their backwages and forced the boss to give up his restaurants to pay for his wrongdoing.

The new owners of Saigon Grill, Qiao Lin and Bei Lin had promised to set a good example in the community and comply with labor laws, in order to get community support for their liquor license. But after they took over the restaurant they have only followed the sweatshop practices of the restaurant’s former owner, Simon Nget. The boss refused to employ servers and busboys with many years of experience, saying that they are “too old,” because they are over the age of 40. When other servers protested the discrimination, the boss fired them. When the delivery workers tried to form a union and continued to collectively manage and share their tips to prevent the bosses from taking their tips, the new owners threatened the workers and said, “whoever pools their tips will be fired.” The owners then started to hire more delivery workers and cut the hours of workers who support the union to retaliate and prevent them from forming a union.

We protest and demand the new owners of Saigon Grill Restaurant:

1) Stop the Retaliation and Ensure Workers’ Right to Join the Union

2) Stop the Age Discrimination and Ensure Equal Employment Opportunity

3) Rehire the Workers Discriminated and Retaliated Against

4) Comply with the Labor Law; Don’t Touch Workers’ Tips

What can you do to support?

1) Boycott the new Saigon Grill and spread the word to your co-workers, friends, and neighbors

2) Join us on the picket line: Wednesdays through Sundays, 12:30-2:30 pm and 6-9 pm

3) Share your ideas with us by calling 212.334.2333 or 212.358.0295.

Justice Will Be Served! (JWBS) is a campaign that unites restaurant, hotel, deli, and other service workers in different communities across New York to fight against long hours, second-class wages, stolen tips and other sweatshop conditions. JWBS! is composed of a coalition of organizations: 318 Restaurant Workers Union, Chinese Staff & Workers' Association, National Mobilization Against Sweatshops

Endorsed by: (list on formation) Democratic State Committeeman Daniel Marks Cohen, Community Free Democrats, Three Parks Independent Democrats, Greater New York Labor-Religion Coalition

c/o CSWA P.O. Box 130401 , New York, NY 10013-0995 ; tel: 212-334-2333; fax: 212-334-1974

Why were the Saigon Grill workers able to win, and win big?!

2010-12-01T23:09:00.004-05:00

Was it because they had a big group of people? Was it because they had a big law firm on their side? Although these are some factors, they are not the only ones; and workers used many different ways to win this battle.

The delivery workers at Saigon Grill suffered, up to a decade-long, constant abuse and danger on the job for relatively good pay. (Some workers made as much as $3,000 per month with tips.) But in the end, the money was not worth being treated like sub-humans. For example, being asked by the boss to pay for all the orders when you've just been robbed at gunpoint and nearly killed. Being fined $200 for an order that was considered late after dodging through high-speed traffic on two-wheels. Or being daily cursed at and called "dog" or "pig" by the boss. But, still, how did this group of workers break through almost a decade of slave-like conditions and win so big?

Breaking barriers and prejudices, forging unity: Obviously, more workers, more power. But for these 36 workers, they had to overcome many divisions to win- such as whether you are documented or undocumented, which village you are from in Fuzhou, whether you are a motorcycle or bicycle delivery worker, etc. For almost half a year, before the workers were fired in March 2007, four different groups of workers tried to start an action against the restaurant and failed. But when the boss fired all the delivery workers and shut down the delivery department the 36 workers started to overcome these divisions and see that they all faced the same problem and needed to come together to find a common solution.

Leadership Development: Other cases have failed primarily because the leader cares more about his personal interest, e.g. preserving his own job or getting relatively more money, rather than seeing that his own interest is tied to the collective interest of the group of workers. The leaders at Saigon Grill knew that the difference between winning and losing lay in their ability to bring together the 36 workers with so many differences between them in order to lead them towards their common goal. Through the process, the leaders cared about the well-being of their co-workers and were able to draw out their ideas,explaining and guiding them through every step of this struggle.

Identifying with Chinese Staff & Workers’ Association (CSWA) as a workers' organization: Workers at Saigon Grill did not wait at home, waiting for a few lawyers and CSWA staff members to win their case. They won because they understood that the power lies within the collective force of workers, including themselves. And they were able to connect with other workers and utilize this force to fight the boss in a way that no lawyer or any advocate could ever do.

Workers leading and winning the support of other working people and leaders in the community: Instead of acting as victims seeking help from community members and leaders, the Saigon Grill workers acted as a leading example, calling on other workers and community leaders to join them in this struggle against the sweatshop conditions that we face in common. Because of this, local elected officials took the lead to introduce legislation that would strengthen workers’ rights. Other community leaders and members spread this fight and urged their local businesses to comply with the labor law. Students organized their own campaign bringing awareness to sweatshop conditions in the city. Moreover, this campaign went beyond a consumer boycott, but rather organized working people in the community to fight for their rights.

Utilizing the law; not depending on the law: Davis Polk & Wardwell, a world-wide firm with more than 700 lawyers, put great effort into this case and helped to bring about a great victory. But the law firm also represents many other Chinese workers, besides the Saigon Grill workers. So the ability of the law firm cannot explain why some workers have won and others have not. In general, when the legal process reaches a certain point, lawyers will try to persuade workers to take significantly less, saying that the boss is going to declare bankruptcy and that workers are not going to see a single penny if they go to court.

Utilizing different ways to win: The Saigon Grill workers learned to use not only the wage and hour law, but also other government agencies and other laws to win- such as the National Labor Relations Act; criminal prosecution through the NY State Attorney General, etc. Almost a year after the workers had been fired, the National Labor Relations Board found that the owners violated the Act by shutting down the delivery department and terminating all the workers for trying to organize. The National Labor Relations Board issued an order to force the restaurant to reopen the delivery department and reinstate the workers. On October 2008 the U.S. District Court issued a $4.6 million judgment against the Saigon Grill owners, for failure to pay minimum and overtime wages, and fines. The decision set legal precedents strengthening workers' rights, so that workers could sue beyond the statute of limitations. Two months later the NY State Attorney General collected enough evidence from the workers to arrest and prosecute owners Simon and Michelle Nget for 400 counts of criminal violations.

Persevering in battle: Ultimately, it was the perseverance of some many workers in this battle that forced the government and courts to action and brought about victory. The owners of Saigon Grill believed that by firing all the delivery workers and shutting down the delivery department, all the workers would be forced to find other jobs and would disperse and then disappear. But for the first three months, all 36 workers used their own savings, borrowed from friends and family, and pooled money together to picket two times a day, five times a week in front of the restaurant. One Saigon Grill worker had just had his third child when the picket started; but came to the picket line every day all smiles. Then, when financial pressures became too tough, other Saigon Grill workers who were working supported six of the workers to maintain the picket line everyday, while the others participated once a week, with the support of other workers around the city. Their perseverance gained support of working people all over the world. In one instance the workers inspired 200 students from throughout the city to stage a sit-in inside Saigon Grill restaurant, to the dismay of the boss and management inside.

What was won: Besides the backwages, the workers won their jobs back and set legal precedents strengthening the rights for all workers. This battle sparked a new wave of latino workers, nail salon workers, and others to join us in this struggle. Restaurants throughout NYC reduced workers’ hours and doubled wages. This is a victory for all workers, who during this battle, emboldened thousands of others to come out and fight against the common sweatshop conditions at our workplaces. The New York Times called this the “deliverymen’s rebellion.” Most importantly, we showed the world that we, Chinese workers, refuse to be slaves; we reclaimed our dignity, and we won the hearts and souls of millions of working people. We showed a concrete path, how even in this economic crisis, undocumented and documented workers can come together to repeal the modern slave law, the employers’ sanctions provision, and fight for a better life.

Even during these hard times, we were able to win this battle together. We need you to join us as we build upon this victory to make our communities sweatshop free.

6/18/09 @ 1pm - UPPER WEST SIDE WORKERS AND SUPPORTERS PICKET TO DEMAND END TO SWEATSHOPS

2009-06-17T16:46:00.002-05:00

Dear Friends and Supporters,

The Justice Will Be Served! Campaign is calling on you to support beauty salon workers and other service workers in taking action against long hours, health issues and other employment problems they face. On June 18th we will hold a press conference and demonstration in the Upper West Side to launch a weekly picket in front of Simply Nails (aka 167 Nail Plaza) and Kim’s Vegetables that have forced women workers to work long hours, discriminated against and fired women workers who spoke out.

Salon owners Dong Rim Park (aka “Young”) and Mou San Rim are refusing to comply with a federal court judgment to compensate salon worker Susan Kim. Susan was illegally fired for speaking out against long work hours without breaks. The owners have even changed the name of the salon from 167 Nail Plaza to Simply Nails in order to avoid liability. Recently, Susan filed a second lawsuit against the owners for fraudulently selling their two condominiums worth nearly $3 million to their son, Sokho Lim, for $20.

Since the court decision against 167 Nail Plaza, many other nail salon and beauty workers from throughout the tri-state area have been coming forward to expose conditions in the beauty industry, such as long hours without breaks, toxic work environments, sexual and racial discrimination, and retaliation for speaking out. These shops include popular salons like Sa-Sa Cosmetic & Skincare, Belle World Beauty, Beauty Concepts Day Spa, Renaissance, and Always Is Nails. We are currently working with Assemblymember Linda Rosenthal to pass state legislation that will provide better health and safety protections for nail and beauty workers.

Also, more restaurant, deli and supermarket workers in other shops located in the Upper West Side neighborhood have come out against sweatshop conditions. Among them, most recently are a group of women Latina workers from Kim’s Vegetables who were made to work as many as 84 hours a week or as little as $2 per hour, and were harassed and discriminated against by their Korean bosses. Like employers of Simply Nails, Kim's Vegetables and other sweatshops have come together and use the same tactics, such as pretending to sell the business by reopening under a new name, to undermine labor law enforcement.

Please join us on June 18th at 1:00pm in front of Simply Nails at 167 Amsterdam Avenue to call for a Boycott of Simply Nails. We especially invite all Koreans who believe in equal rights and fighting for justice to participate in the picket. We demand Simply Nails owner comply with the federal court judgment, compensate and reinstate Susan Kim immediately to ensure the Upper West Side and New York City are sweatshop free.

To participate, please call JWBS at 212-358-0295.

Sincerely,

Ying Zhu Hoon Kim
CSWA Board Member NMASS Board Member

Justice Will Be Served! Campaign
c/o NMASS, P.O. Box 130293, New York, NY 10013-0995;
Phone: (212) 358-0295 Ý Fax: (212) 358-0297 Ý Email: nmass@yahoo.com

Justice Will Be Served! (JWBS) is a campaign that unites restaurant, hotel, deli, and other service workers in different communities across New York to fight against long hours, second-class wages, stolen tips and other sweatshop conditions.

Kim et. al. vs. 167 Nail Plaza, Inc., et al.
Timeline of the Case

1989 March
Susan Kim begins working at Nail Plaza. While working there, Susan endures sweatshop conditions such as long hours exposed to toxic chemicals, no break time, and poor air quality, and complains on numerous occasions about the long workday.

2005 March
Susan Kim complains to her employer, Dong Rim Park, about the amount of work hours and lack of break time, and she demands break time. The next day, the employer orders Susan to leave in retaliation for her complaints.

2005 April
Susan Kim comes to CSWA with Vietnamese and Chinese coworkers to discuss the retaliatory firing. Her coworkers had also complained to Park about sweatshop conditions.

2005 October
The workers file lawsuit in federal court.

2006 October
The boss, Dong Rim Park, spills scalding hot water on herself and calls the police, falsely accusing the Vietnamese worker in the lawsuit. The worker is arrested and later the case is dismissed in court.

Workers hold press conference and picket at Nail Plaza, launching weekly pickets in front of the salon for the next year. NYC elected officials, students, and Upper West Side community members and residents come out to join the picket line in support.

2007 January
Owner Mou San Rim fraudulently transfers two Lower Manhattan condominiums worth millions of dollars to his son, Sokho Lim, for $10 each.

2007 Spring
One of Susan Kim’s lawyers, Steven Choi, repeatedly tells Susan and her co-workers that they have no retaliation case, and tries to force them to accept very little during pre-trial mediation. The workers insist they should be compensated for the retaliation, and the case goes to trial.

2007 October
Up to the first day of the trial, Steven Choi continues to push Susan that she has no retaliation case and should accept very little from the boss. Susan refuses and goes above him to talk to other lawyers on the case, demanding that the case be heard in trial. But her co-workers fall under pressure. The Vietnamese co-worker accepts around $35,000 and the Chinese co-worker accepts as little as $3,000 which they later regret.

Jury decides unanimously against Nail Plaza owners to compensate Susan Kim for roughly $189,000. Workers hold press conference and rally in front of Nail Plaza to announce court victory.

2008 September
After a whole year of waiting, Susan’s lawyer, Steven Choi, refuses to go to court to enforce the order and to ask for reinstatement.
Susan Kim fires her lawyer, Steven Choi.

2009 January
The judge enters the final judgment, which includes attorney’s fees and interest. The new total is about $366,000

2009 March
International Women’s Day Demonstration and Press Conference is held. Women workers from different trades come together to protest sweatshops and unhealthy working conditions, and to demand that bosses like Dong Rim Park and Mou San Rim comply with the judgment.

The defendants, Dong Rim Park and Mou San Rim, who still own the nail salon under a new name, fearing the public outcry and exposure of their gimmick, approach Susan's lawyer, Barry Kamar, to make a substantial offer to settle the case if Susan and supporters stop the picket. Susan accepts the offer. But at the last minute, the defendants refuse to pay.

2009 April
Susan Kim's lawyer, Barry Kamar, along with Ken Kimerling from AALDEF files a complaint on Rim’s fraudulent transfer of assets.

Saigon Grill Owners Arrested!

2009-01-26T22:21:00.001-05:00

December 3, 2008

The NY State Attorney General arrested Saigon Grill Restaurant owners Simon and Michelle Nget for more than 300 counts of criminal charges.This is sending a notice to all employers in NYC that they cannot get away disregarding the law.

http://www.nytimes.com/2008/12/04/nyregion/04saigon.html?_r=1&ref=nyregion

Vindication for Saigon Grill Delivery Workers

2009-01-26T22:11:00.004-05:00

U.S. District Court Vindicate Labor Struggle of 36 Saigon Grill Delivery Workers With Judgment of $4.6 Million for Labor Law Violations

October 22, 2008

Thirty six employees of Saigon Grill Restaurant, after more than one and a half years of battling with Saigon Grill owners Simon and Michelle Nget, were awarded $4.6 million for federal and state labor law violations by, Magistrate Judge Michael H. Dolinger of the U.S District Court for the Southern District of New York. These workers worked at the Saigon Grills located on Amsterdam Avenue on the Upper West Side and on University Place in the Village until they were fired in March 2007 in retaliation for organizing a union and planning to bring the lawsuit against the owners. The workers were represented by Davis Polk & Wardwell in conjunction with the Asian American Legal Defense and Education Fund (AALDEF).

Judge Dolinger awarded all the workers' claims, including, failure to pay minimum wage and overtime - most workers received $1.60 per hour for more than 80 hours of work per week. He also awarded claims for charging workers fines and kickbacks for arbitrary reasons such as for rushed deliveries or for slamming the restaurant door. After accusing the delivery workers of extortion and lying to the public all this time, the Court found Saigon Grill’s owners story non-credible. Moreover, the Court found these to be willful or intentional violations, stating that it was unbelievable that Simon Nget, who has been a successful businessman in NYC for more than 20 years would not know what is the labor law. Judge Dolinger: "It was clearly the goal of defendants to minimize their labor costs and to keep a cowed work staff in place. In addition to the corporate owners, the Court found personally liable, owners Simon and Michelle Nget and manager Sung Truong.

Overall, the Court found the defendants' argument that the delivery workers set their own work conditions, and then extorted the owners for more money to be false. The 36 delivery workers, faced with accusations and threats while picketing in front of the restaurant weekly for almost two years, feel vindicated by this victory. Worker Ke said, “We won, because the boss was lying and we spoke the truth. Now, justice should be served for all delivery workers.”
"This ruling is a victory for delivery workers all over the city, who can hold their heads high and know that justice is on their side. I am overjoyed that the Court awarded $4.6 million to the deliverymen, and validated all their claims of having been treated in a despicable and unlawful manner by the restaurant owners and manager," said community supporter and 67th District Assemblymember Linda Rosenthal.

During this long-time battle at Saigon Grill, the struggle emboldened thousands of other delivery workers to come out in support and to fight against common industry-wide problems at their workplaces, as well. These restaurants include Flor de Mayo Restaurant, Ollies' Noodle Shop and Grill, Republic Restaurant, Wu Liang Ye, Rosie & Ting, and Yummy House, amongst many others. Since the start of this struggle, restaurants have reduced delivery workers' long work hours and doubled wages industry-wide. "This is definitely a victory for all workers around the city. We urge other employers, around the city to take notice and change their illegal practices. Ollies, you will be next!"

Boycott

2008-03-07T16:08:00.005-05:00

BOYCOTT SAIGON GRILL!
We Urge You to Continue to Support Until Saigon Grill Reinstates All Delivery Workers

On February 14^,2008 the National Labor Relations Board (NLRB) issued a decision ordering Saigon Grill Restaurant to 1) restore its delivery service at its two locations in the UWS and in Union Square, 2) reinstate all 28 delivery workers, and 3) pay workers their lost earnings.

The delivery workers were fired in early March 2007, and have been picketing the restaurant every week for the past year to demand reinstatement. In the past year, their example has inspired countless other workers to stand with them on the picket line and organize workers at other restaurants, including Ollies’ Noodle Shop and Grille, Republic Restaurant, among others. At Flor de Mayo Restaurant on the UWS, Latino delivery workers are uniting with Chinese delivery workers in this united effort to end sweatshop conditions in NYC restaurants. Workers are now calling for a boycott of Flor de Mayo’s two locations. But when workers started to take their fight to the courts, bosses resorted to retaliatory tactics, including firings and blacklisting. This decision is an important step in the restaurant workers’ movement, and sends a message to all bosses that we will not allow them to use firing and business closing as tactics to stamp out worker organizing.

However, Saigon Grill owners Simon and Michelle Nget act as if they are above U.S. labor laws and tax laws. They continue to snub the workers, the community, and elected officials who have given many opportunities for the restaurant to resolve this labor dispute. The owners continue to cheat the workers of their wages and their tax withholding. They continue to cheat the workers and the public. Furthermore, they undermine law-abiding businesses.

We need you now more than ever!

We urge you to continue to honor the boycott of Saigon Grill until owners Simon and Michelle Nget right their wrongs and reinstate all workers.

We also urge you to continue to boycott Flor de Mayo restaurant owner Philip Chu until he pays all stolen wages.

Even at this time when conditions are worsening for working people in this country this movement amongst delivery workers is encouraging workers from different communities to come together to fight for more control over their lives. We urge you to join now to help build this movement.

To support please call 212.334.2333 or 212.358.0295 for more information.

Justice Will Be Served! (JWBS) is a campaign that unites restaurant, hotel, deli, and other service workers in different communities across New York to fight against long hours, second-class wages, stolen tips and other sweatshop conditions.

JWBS! is composed of a coalition of organizations: 318 Restaurant Workers Union,

Chinese Staff & Workers' Association, National Mobilization Against Sweatshops

Endorsed by: (list on formation) Manhattan Borough President Scott Stringer, Senator Thomas K. Duane, Senator Liz Krueger, Senator Eric Schneiderman, Assemblymember Linda Rosenthal, Councilmember Gale Brewer, Councilmember Diana Reyna, Comnunity Free Democrats, Park River Independent Democrats, Three Parks Independent Democrats, NYC Central Labor Council, AFL-CIO, UAW Region 9A CAP Council, Council, Tenants and Neighbors, the Graduate Student Organizing Comittee, Union of Clerical Administrative and Technical Staff at NYU, Industrial Workers of the World.

c/o CSWA P.O. Box 130401 , New York, NY 10013-0995 ; tel: 212-334-2333; fax: 212-334-1974

NLRB Issues Complaint Against Saigon Grill!

2007-10-03T15:19:00.000-05:00

Last Friday, September 28th, the National Labor Relations Board (NLRB) issued a complaint against Saigon Grill Restaurant for violating labor laws. The complaint states that the restaurant, at both of its location, "has been interfering with, restraining, and coercing employees," who engaged in union activities and/ or protected concerted activities. Specifically, the NLRB charges that the owners and management:

1) "interrogated" workers, 2) "threatened" to close delivery department and fire all delivery workers in retaliation for organizing, 3) offered a raise in wages if workers gave up their rights to organize, 4) told workers it was useless to organize, 5) fired all delivery workers and 6) has engaged in "surveillance" of workers protesting in front of the restaurant.

The NLRB is seeking an order requiring the restaurant to rehire all of the workers; pay the workers what they are owed for the time they have been illegally barred from employment, plus interest; provide additional relief to the workers for its unfair labor practices.

The 22 workers were fired in early March, and have been picketing the restaurant 10 times a week, for the past 7 months to demand reinstatement. Owners Simon, Michelle, Richard, Leana Nget and Tony Truong have refused to negotiate with the workers and have yet to provide an explanation for the labor law violations. Instead of resolving the matter, the owners have resorted to racist slander and lies. They called all workers from the Changle village of Fujian, China, where many of the Chinese delivery workers are from originally, criminals, "thugs and gangsters." They issued flyers encouraging customers to report protesters to the police. In addition to cheating their workers of fair wages, they have also cheated the workers and the government on tax payments.

Workers call on renewed support from the NYC community to honor the boycott against Saigon Grill and to support the Saigon Grill delivery workers in demanding reinstatement.

10/4/07 NY Times Article

Victory for "Our Place" Restaurant Workers!!

2007-08-09T08:52:00.000-05:00

Workers have settled with Our Place Restaurant!

Our Place delivery workers were the first to stand up against the industry's abusive conditions, and the inspiration for Saigon Grill workers' organizing earlier this year.

Our Place Restaurant is now the first delivery workers' victory. The details of the settlement are confidential, but workers have won back their owed backwages from working years at $1.75 an hour.

This victory is only one of many to come. Across the city, alarmed restaurant bosses continue to raise wages and shorten working hours for their delivery workers.

In the coming weeks, we must intensify the pressure and force Saigon Grill boss Simon Nget to rehire and settle with his delivery workers as well.

Read Jennifer Gonnerman's extensive article in this week's New York Magazine.

Why have so many people identified and taken up the JWBS campaign?

2007-07-25T19:44:00.000-05:00

When you drop by the Saigon Grill picket line, you'll notice that it is not just the Saigon Grill workers picketing. Workers from other restaurants and other trades have also taken up the Justice Will Be Served (JWBS) campaign, along with youth; both have joined the Saigon Grill workers on the picket line. The JWBS campaign brings together workers across the service industry to fight similar problems. Workers from delis, nail salons, groceries have seen the limitations of uniting by trade and profession alone, and have instead chosen to unite across differences to solve common problems.

Many of these workers are paid low and illegal wages, and as a result, are forced to work long hours. Service industry workers also work under poor and hazardous conditions. For example, workers for Nail Plaza in the upper west side are forced to work without breaks, inhaling the noxious fumes from nail products.* The Nail Salon employers, Dong Park and Mou San Rim are just like Simon Nget and his lackies. Both show now regard for the workers health; both are intent on exploiting them for profit.

And it is through these similar working conditions that workers have decided to come together across race and economic demands to change their situations. In fact, the fight at Saigon Grill has inspired Latino workers from Flor De Mayo, a trendy upper west side restaurant, to come out and file a lawsuit against bosses Jose and Dennis Chu. These workers were being paid $1.25 an hour while working as both a delivery worker and a porter. This is the first time in NYC history that Latino delivery workers have sued a restaurant for labor violations. These workers were inspired to fight back after passinb gy a Saigon Grill picket line.

Workers in the JWBS campaign have seen that their commonalities overshadow their differences. While they acknowledge their differences, they see that only by coming together and uniting as workers can they overcome and eradicate racism, sexism and other forms of exploitation.

* http://bridget.jatol.com/pipermail/nyfoil-l_insaf.net/2006q4/000904.html
**http://www.ny1.com/ny1/content/index.jsp?stid=8&aid=71969

Party for Justice

2007-07-06T23:01:00.000-05:00

Come party for justice! Help raise funds in support of the Justice Will Be Served! Campaign--in the presence of great music, food, and people! JWBS! is a campaign that unites restaurant, hotel, deli, and other service workers in the tri-state area to fight against long hours, low wages, and other sweatshop conditions.This is an excellent opportunity to join alongside other students and workers who are organizing to end the sweatshop system.

Recently, Saigon Grill workers were locked out of their jobs for organizing to improve working conditions at their restaurant. They have inspired hundreds of other delivery and service workers- nail salon workers, food baggers, and other restaurant workers- across the tri-state area to join them because they see how this struggle has and will impact the industry as a whole. Funds raised during this event will go directly to the JWBS Strike Fund! to support not only the present workers, but also future workers that will come out to ensure these changes are lasting.

Location: NMASS Brooklyn Workers' Center
93 Third Avenue, Brooklyn (corner of Bergen St.) N/W/R or 4/5 or 2/3 train to Alantic/Pacific Ave.

Why Do We Picket Saigon Grill?

2007-07-02T14:16:00.001-05:00

Hello. We've decided to answer some frequently asked questions that we get on the picket line regarding Saigon Grill. This first installment addresses the burning question in everyone's mind.

Why Do We Picket Saigon Grill?

Saigon Grill’s delivery workers have been working under sub- standard conditions for more than ten years. Bosses Simon and Michelle Nget paid the delivery workers as little as 1.60 an hour while his restaurant was pulling in at least two million dollars a month. This pittance of a wage drove the workers to work over 70 hours a week. And in the delivery business, every minute on the street puts your life in constant danger. One Saigon Grill delivery worker was injured on the job, and Nget demanded that he return to work three days after the accident.

If the Saigon Grill workers were hurt on the job, medical expenses came out of their pocket. Simon and Michelle Nget also stole tips from the delivery workers, in form of ridiculous fines. Closing the door too loud would cost the worker 50 dollars, and if a customer called to complain and rush the order the worker would be fined 200 dollars.

Even if the workers found another job, the conditions would still be the same. In the delivery business, workers are often paid under the minimum wage. A woman approached us on the picket line related to us that her daughter, who is also a delivery worker, was paid 1.60 as well. Furthermore all delivery workers also face the same dangerous conditions of New York City. Earlier this year, Shi Yi Yan, a delivery worker from Hollis, Queens was shot while on the job; Ming Kuan Chen, a delivery worker from another restaurant, was trapped in an elevator for three days in 2005.

Consigned to the bottom of the ladder, 36 Saigon Grill delivery workers organized themselves and collectively demanded minimum wage and better working conditions. Simon Nget then attempted to coerce them into signing a piece of paper that said they were paid minimum wage. The workers refused, and Nget fired all of them. Instead of looking for another job, the workers decided to fight back and get their jobs back.

With the help of Chinese Staff and Workers Association, and the Justice Will Be Served campaign, the workers have filed a wage complaint against Saigon Grill. However, we cannot rely on just the law to fight for us. The workers have decided to take the struggle into their own hands, and picket Saigon Grill. The picket line, while hopefully discouraging conscious consumers from eating at Saigon Grill, also serves to share the workers’ fight with the public, something that can’t be found in a courtroom.

Saigon Grill Student Sit-In Video produced by NMASS & CSWA's Video Projects

2007-06-01T16:13:00.001-05:00

Check out the video work in progress...

http://blip.tv/file/250049

May 4th, 2007 -- More than 200 students from eight different colleges
in New York City held a sit in and shut down the Saigon Grill
restaurant for an hour in response to its deplorable working
conditions. (11 minutes, produced by NMASS & CSWA's Video Projects)

New Sit-In Video

2007-05-25T21:52:00.001-05:00

shot and edited by Calvin Sun from Columbia

We Need Signs

2007-05-22T22:10:00.001-05:00

Our signs have been getting pretty beat up from the daily pickets, esp after Saturday's picket in the rain. Come to the:

Saigon Grill Sign-Making Party
Thursday 5/24 5pm @ CSWA

Join us for colored markers, card-board, glue & music!

Call (212)334-2333 for directions.

Sit-In Coverage by German Press

2007-05-18T17:01:00.000-05:00

Shout-outs to Christina and all the students who pulled this together!

Yu Guan Ke

2007-05-18T15:10:00.001-05:00

Interview with Yu Guan Ke, Saigon Grill delivery worker and campaign leader

Ken Kimmerling

2007-05-18T15:04:00.001-05:00

Interview with Ken Kimmerling, AALDEF lawyer representing the Saigon Grill workers, by the German magazane Diezuender

Saigon Grill Video @ Anthology Film Archives

2007-05-09T10:15:00.000-05:00

Come see footage of the sit-in protest as part of our Justice Will Be Served special screening at Anthology Film Archives Wednesday, May 16th, 6pm-7pm

A collection of film shorts by National Mobilization Against Sweatshops and Chinese Staff and Workers' Association, exposing the underbelly of New York's restaurant boom. Find out how food service workers are being mistreated – and fighting back. The screening (30 minutes) will be followed by a brief Q&A (30 minutes) with food service workers currently mobilizing for better working conditions.

Anthology Film Archives is located at 32 Second Avenue @ 2 nd Street in the Lower East Side, NYC. (Take the F train to 2nd Avenue)

Summer

2007-05-07T16:40:00.000-05:00

Saigon Grill protests and sit-ins have been shaking up the city, causing many restaurant bosses to raise wages for their delivery workers (see earlier post).

These raises can be taken away just as easily as they were given however, if the Saigon Grill workers do not ultimately win their case. Cases at Ollie's, Republic and Our Place restaurants, for example, are currently pending on the outcome of Saigon Grill.

CSWA and NMASS are now offering summer internships for those interested in working more closely with the JWBS core committee. Opportunity to learn to organize from the delivery workers' campaign, as well as campaigns involving nail salon workers, supermarket baggers, garment workers, injured workers, and young workers. Engage in a community health project with Bellevue Hospital for workers affected by 9-11. Participate in a discussion series exploring what we are fighting for, the role of young people, and how we can connect our day-to-day work with long-term goals. Practice/learn Chinese, Korean, Spanish and Polish. Plan dance parties, cultural events and fundraisers in Chinatown, Lower East Side and Brooklyn. Learn web design and video editing.

For more information, call (212)334-2333

Almost 200 Students Take Over Saigon Grill!

2007-05-05T12:47:00.000-05:00

Students from Columbia, New School, NYU, Hunter, John Jay, BMCC and Sarah Lawrence staged a sit-in protest yesterday at Saigon Grill!

Anthony Hang from Hunter College describes the experience: "When the students had to leave the restaurant, I saw them all walking out. It was large and impressive watching this. There was so much power that I almost cried seeing this unity among people, among workers. I stood there in awe, chanting, "Boycott Saigon Grill!" and the students chanted with us.

They merged with our picket line one by one. All the students and workers stood beside each other and the chants were so loud that people stopped to find out what was going on. It was a great sight to see."

Read Columbia & New York Magazine's blog reports.

Video clip from the sit-in coming soon.

Join us on the picket line

2007-05-04T13:28:00.000-05:00

Supporters and legal observers are needed on the picket line!

The Saigon Grill workers are joined daily by workers from other restaurants, as well as community members and students. Having gone from one job to another only to find the same dismal conditions, delivery workers everywhere see in this fight a promise of widespread changes in the entire industry. Your presence will make a difference!

Legal observers are also needed to monitor police actions.

May 1st

2007-05-03T22:32:00.000-05:00

Saigon Grill workers joined with Latino and Polish workers in the May 1st march to Union Square, calling for equal rights for all workers. View video clip from the march.

Conditions improving across manhattan!

2007-05-01T22:02:00.000-05:00

Restaurants across Manhattan are starting to respond to the daily Saigon Grill pickets. Delivery workers from many other restaurants are reporting their wages have gone up and their working hours have shortened. For example, one restaurant decreased workers' hours while raising wages from $400 a month to $700 a month!

However, Saigon Grill continues the lockout of their delivery workers. In the coming weeks, WE MUST STEP UP THE PRESSURE to insure true victory for the Saigon Grill workers, and to insure recent improvements taking place in other restaurants are here to stay.

Shout-Outs

2007-04-19T19:19:00.000-05:00

to FADER magazine, The Human Giant, NYU Law School, Free Democrats Club and IWW for supporting the boycott. Is your school/office boycotting? Drop us a line.

Donate

2007-04-17T19:17:00.000-05:00

To donate to the workers on strike, make out a check to the Chinese Staff and Workers' Association, earmarked for JWBS Strike Fund. Send to P.O. Box 130401, New York, NY 10013

Upcoming

2007-04-17T14:00:00.000-05:00

JWBS presentations:

Columbia U. April 24th
Sarah Lawrence April 24th
New School April 25th
Baruch College April 27th

For more info, or if you would like to schedule a presentation or teach-in, call (212) 334-2333

Common Q and As

2007-04-17T00:11:00.000-05:00

Q: If the pay was less than $2 an hour, why did the workers stay there?

A: Because the conditions are the same in almost every restuarant. At Ollie's, another chain where workers have started organizing, the pay was even lower - as little as $1.40 an hour. Precisely because they have gone job to job only to find the same dismal conditions, workers from dozens of resturants are now uniting and stepping up to challenge these industry-wide practices.

Q: But don't they receive tips?

A: NYS minimum-wage for tipped employees is $4.85 an hour, so Saigon Grill and many other restaurants fall far short. If customers choose not to tip, the workers cannot request it from them, creating an unstable living for workers to eke by.

In addition, Saigon Grill would fine workers $200 dollars for late deliveries and $50 for slamming the door on their way out. Saigon Grill also refused to take responsibility for robberies or accidents the workers encountered on the road. If they were hit by cars while making delivers, Saigon Grill would force them to pay for their own emergency room care. That could be several months' pay.

Q: Are the workers only organizing for higher pay?

A: No, the workers are fighting to demand their jobs back and demand the employer comply with the law. They are also fighting for better working condition, dignity, health and safety, and right to a 40 hour workweek.

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