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STREETVIBES
June 2008 1

$1 VIBES MoBo Co-Op takes


THE TRI-STATE’S ALTERNATIVE NEWS SOURCE you for a spin - p.13
www.cincihomeless.org

‘We Are
Their
Slaves’
If they treat citizens this
way, imagine how it is
for immigrants
BY GREGORY FLANNERY
EDITOR

Y
our boss stops by indentured servitude; indeed
unexpectedly, sees a some of the workers refer to
mess in your themselves as “slaves.”
apartment and punishes you by After months of trying to
Cincinnati Processing workers relax outside but the pace inside can be dangerously fast.
deducting $50 from your next work with the companies to Photograph by Andrew Anderson.
paycheck. Fortunately he didn’t resolve the complaints, activists
see the beer cans in your trash and union officials are now housing and transportation. plays out as an “inescapable The Southwest Ohio
– or your boyfriend hiding in the appealing to the public to Willie Rodriguez, the nightmare” for his employees, Workers’ Rights Board
closet; either of those could demand action. But they’re not founder and owner of the according to Ellen Dienger, an and United Food and
have gotten you fired. putting all their hopes on public company, declined requests for organizer for the UFCW. In a Commercial Workers
At the meatpacking plant outrage; they’ve also taken their an interview. But his attorney, flier detailing complaints about found:
where you work, the production concerns to the FBI. Michael S. Glassman, sent a the temp agency, Dienger „ workers forced to
line runs so fast that you can’t Streetvibes has learned that an statement to Streetvibes. describes conditions far live in crowded apartments
keep up the pace. When pork FBI agent met May 21 with an Rodriguez came to the United different from those promised in and houses, for which
falls on the floor, supervisors tell organizer for the United Food States from Cuba with his advertisements in Puerto Rico. they’re charged exorbitant
you to pick it up and wrap it for and Commercial Workers mother in 1980, according to “Sometimes people don’t rent;
the grocery store without (UFCW), an expert on human Glassman. even make enough to buy „ workers forbidden
cleaning it. You’re still not trafficking who works for the “Mr. Rodriguez and his groceries for the week and have to have visits in their home
working fast enough; the Cincinnati YWCA and two family came to the U.S. with no to go starving or living off their from members of the
supervisor tells you to move as workers lured here from Puerto money, but with the knowledge fellow workers,” the flier says. opposite sex;
fast as you do when you’re Rico with the promise of good that they had their freedom and “Able/Diverse places anywhere „ a prohibition against
having sex. jobs. could work for anything they from four to six workers into an drinking alcohol in one’s
If your child is sick and you wanted to achieve,” the letter apartment and up to 12 in a own home;
miss a day of work, you not only ‘Like a crazy house’ says. “Mr. Rodriguez has not house, many of which are „ excessive,
don’t get paid for that shift; a stopped working and dreaming vacant of all household furniture mandatory charges for
$50 fine is deducted from your The people of Puerto Rico since he arrived in the U.S. He and appliances except for a transportation to work,
paycheck. If you quit before six are U.S. citizens and taxpayers; started (Diverse Personnel Co.) mattress on the floor to sleep shopping or medical care;
months, a $200 fine is deducted they need no permission to with the purpose of helping on.” „ blatant sexual
from your last check. work in Ohio or Kentucky. individuals from Puerto Rico get Immanuel Ortiz Santiago, a harassment in the
This isn’t a sweatshop in a That doesn’t mean getting here work with employers in the former Able/Diverse Personnel workplace;
Third World country; it’s a job is easy. That’s where Diverse U.S. and making available to employee who now lives in „ families faced with
in suburban Cincinnati. A Personnel Co. – also known as them on a short-term basis, if Middletown, says he believed eviction from company-
Streetvibes investigation of Able/Diverse Personnel Co. — they desired, a furnished place the promises of a better life controlled housing the very
complaints by workers and comes in. Based in Fort Wright, to live and transportation to and when he signed up to come to day a worker gets fired; and
concerns raised by union and Ky., the temporary-employment from work.” Cincinnati in 2006. But instead „ unsanitary and
religious activists has found agency recruits Puerto Ricans But what might have potentially dangerous food
conditions comparable to for jobs on the mainland, offering seemed a dream for Rodriguez Continued on page 4 processing practices.
Streetvibes Investigation
STREETVIBES
4 June 2008

Continued from page 1 an apartment in downtown third time we will deduct $50 business of the company … girlfriend started asking what
Santiago says he found himself Covington that would seem to per person.” independent of whether these happened to him. They fired her,
living with 11 other men in a be in the market of $500.” „ “Beer cans, liquor or are of a confidential nature or
too. Then they give him one day
house in downtown Covington. While the company’s drugs are not permitted in the not.” to get out of the apartment. The
With the thermostat locked, the lawyer says the housing house or in the areas „ “If you are fired from next day they started throwing
house was cold in winter, he arrangements are optional, surrounding it.” your place of work, we will everything – throwing this,
says. Dienger, Sherman and some of „ “As an adult, your evaluate the situation, and wethrowing all their stuff and
“I turned the oven on to the workers say workers were behavior should be the best. No will notify if you will be saying, ‘You got to go! You got
warm the house,” he says. “A told they had no choice but to fighting or discussion. If there transported to another place or
to go!’ They took everything
lot of the people were so cold live where Diverse Personnel are problems, we will call the if you have to leave the like the groceries and the clothes
they wore their coats in the Co. told them. police, no questions asked.” apartment where you reside and put it out on the street. They
house. You’ve got to cover up „ “If you do not show up immediately.” didn’t speak English, they didn’t
the windows with blankets. You „ “If you decide to leavehave no money, they didn’t
look at our house – it’s like a before your six months, the know no one here. They started
crazy house.” “The first time that the facilities are contract is terminated with crying to me. They don’t want
The employment company found dirty, a warning will be given. The (Diverse Personnel Co.), your to live in the street.”
charged Santiago $135 a week second time this occurs, we will deduct last check will be retained until Santiago, who speaks
for rent, he says – even though $25 per person. The third time we will everything is discounted from English, says that some of the
he sometimes received few deduct $50 per person.” your check, including the $200company’s behavior simply
hours of work. that will bemystified him. He gives a
“Let’s say discounted for
reporter a pay stub dated April
you get $60 – breaking the25, 2007. For 47 hours, his net
you still got to contract.” pay was $204. The first
pay $135,” he The rules
problem? The check lists his
says. “I got one are so
address as an apartment
check for stringent that
complex in Park Hills, Ky. – but
$6.40 for the workers and Santiago says he was living and
week. That families have
working in Middletown at the
week I worked f o u n d time.
one day or two themselves “It’s a fake address,” he
days, but they evicted says. “I never lived there.”
still charged the without The second problem? The
rent.” proper legalpay stub indicates Santiago is
He shows notice and, married and has five income-tax
a reporter a unable to exemptions. Neither is true, he
pay stub speak English,
says.
marked no. have no idea “I know this is fraud
2784, dated because you’re
Nov. 29, 2006, lying,” Santiago says.
showing “If you are fired from your place “The federal income
Santiago’s net of work, we will evaluate the tax thinks I’m living in
pay as $6.40. situation, and we will notify if you Kentucky, I am
Dienger’s will be transported to another married and I have
flier says Able/ five children. They
place or if you have to leave the
Diverse charged up to $6,000 ‘Do what he says’ for work don’t just do that to
per month in rent for some without giving apartment where you reside me. They do that to a
houses. In Santiago’s case, 12 High rents and crowded n o t i c e immediately.” lot of people.”
people paid $135 a week for conditions aren’t the only previously, $50 When he applied
rent totaling $6,480. The complaints about the housing. will be taken for unemployment
amounts charged are excessive, Employees have to sign from your paycheck.” what to do next, according to compensation from the state of
according to Don Sherman, contracts and comply with „ “Every apartment has a the UFCW. Ohio, Santiago says state
director of the Cincinnati house rules that would offend lead. The lead is in charge of “In every case we have officials told him they had no
Interfaith Workers Center. most people’s sense of personal the house. You have to do what come across so far, as soon as record of his having worked in
“When they get to the freedom. Copies of documents the lead says. He will talk for a person is fired by the this state.
United States, they’re put into obtained by Streetvibes include Willy (Rodriquez).” company, they throw them out
these apartments or houses,” he these restrictions: „ “Men are not permitted of the apartments within just a Sleeping on the floor
says. “I’ve been in some of the „ “It is the responsibility in the apartments of the women, few days, sometimes that same
apartments. They’re four or five of those residing in the and women are not permitted night, with the only options of Santiago’s girlfriend,
to an apartment, but there are company’s apartments to in the apartments of the men.” going directly to the airport, a Jasmine Rivera, whom he met
only two bedrooms. Some of maintain and clean the interior „ “The employee shall not shelter or out on the street,” the after coming here to work, is a
them are paying $100 or more as well as the exterior of the reveal, discuss or communicate union flier says. former employee of Able
a week to live in the apartment. apartments. The first time that to any other person, firm or Santiago, 26, says he saw Personnel Co., which might or
They wouldn’t pay the owner the facilities are found dirty, a company in any moment, form it happen. might not be the same as
of the apartment; they would warning will be given. The or means, direct or indirectly, “They had a couple, the guy Diverse. The relationship
pay Diverse Personnel. They second time this occurs, we will the nature, class or description was sick from the back pain,”
were paying up to $1,600 for deduct $25 per person. The of the affairs related to the he says. “They fired him. The Continued on page 5

Top: Diverse Personnel houses


some workers in the apartments
above. Right: But the paycheck
to the right gives that address to
someone who never lived there.
The pay stub also shows that this
person was married and had five
kids, which he denies. Photo
courtesy of UFCW.
STREETVIBES
June 2008 Streetvibes Investigation 5
Continued from page 4
apartments or they would be would take breaks. Some is somewhat puzzled by the use saw many people get hurt on the
between the Diverse and Able fired,” the flier says. workers were not even allowed of the word ‘complaints’ with job because of improper training
companies is murky. The two Contracts with Diverse to take breaks, and they were reference to SOWRB. It is the and because of the pressure to
companies share the same require workers to pay $7 per working sometimes 72 hours a company’s understanding that at work too fast.”
address, and when a reporter person per day for week.” most SOWRB received Aide Rodriguez’s statement
tried in vain to reach Willie transportation to work. In January, the Workers’ allegations from former contains an accusation, repeated
Rodriguez on the phone, he was “It’s less than one mile from Rights Board sent Cincinnati employees, who insisted on by other workers, that
told the two companies are one the apartment to the job,” Processing and the Kroger Co. anonymity. … In addition, it was prompted Cincinnati Processing
and the same. The letter from Santiago says. a lengthy list of workers’ obvious that SOWRB to threaten a lawsuit against the
Michael S. Glassman, As with the rent charges, complaints: “Work necessary accepted as true whatever was SOWRB.
Rodriguez’s lawyer, also failed the transportation “service” for two workers is done by one. told to them, even though many “There were also times
to make the relationship clear. appears to be lucrative for the … Supervisors have come to of the allegations were obviously when meat would fall on the
“For the last several months, employment agency. work drunk and drink on the false and others displayed a floor, and they would just pick
Mr. Rodriguez and the owner “They also charge folks $7 job. Supervisors asked complete misunderstanding of up the meat and put it back on
of Able Management have tried a day in transportation fees, even employees to perform sexual how the meat processing the line. … One thing that’s for
to operate jointly under a newly if their worksite is only one mile acts. Supervisors imply that this industry works and how it is sure is that, after working at
formed entity doing business as away, and they take groups of is the only way they will receive regulated. It was clear that Cincinnati Processing, I will
The Diverse Personnel Co folks in buses S O W R B never buy meat from Kroger,
(‘TDPC’) but recently have or vans,” the was either because the condition in which
decided to no longer operate in UFCW says. “I received no orientation whatsoever, hopelessly the meat is handled is very bad,”
this fashion,” the letter says. “It Not all of and I saw many people get hurt on the naïve or so Aide Rodriguez’s statement
is Mr. Rodriguez’s intent to the workers are job because of improper training and u n f a i r l y says.
return to doing business on his Puerto Ricans. because of the pressure to
own with his original company.” J a c k i e work too fast.”
Rivera’s description of her Robinson (not
experience with the Able his real name)
Personnel Co. sounds similar to says he worked in the favorable treatment. … The
others’ accounts of working for Salvadoran secret service supervisors harassed,
Diverse Personnel Co. After before obtaining political asylum humiliated and intimidated
arriving here, many workers find in the United States. Assigned some employees through
themselves struggling to get by, to a job at Cincinnati verbal abuse. Employees who
she says. Processing, a company that approach supervisors with
“A lot of people go to the processes pork for the Kroger sincere complaints and/or
Salvation Army for food Co., Robinson explained suggestions for improvement
because they’ve got to send through an interpreter what he are disrespected, i.e., they are
money to their families,” Rivera thinks of the working conditions. threatened with termination or
says. “After my brother and my “So pretty much we are cursed at.”
mom left the job, they charged slaves,” he says. “If something The board requested a
them $200 because they happens to us, we get fired and meeting to discuss the
supposedly broke the contract.” they get somebody else. They complaints. In a Jan. 30 reply,
Rivera, 22, arrived from are making more money off us, Dennis Hilgeman, general
Puerto Rico in May 2007. and we are their slaves making manager of Cincinnati
“Some guy from the all their money.” Processing, said thanks – but
company goes to Puerto Rico,” no thanks.
she says. “He pays $50 for ‘I saw many get hurt’ “While the company
every person who got sent here. appreciates your bringing these
They have a person who saw It was working conditions allegations to its attention, it
you in the street or something at Cincinnati Processing that first would be inappropriate for the
and they told you about this prompted workers last year to company to meet or otherwise
company. They say they pay for contact the Southwest Ohio deal with your organization
your housing, and they give you Workers Center, affiliated with about matters involving its
transportation. But they don’t UFCW, and the Interfaith employees,” Hilgeman wrote.
say you have to pay for it from Workers Center. “The company has retained an
your paycheck. Once people “Starting about August of independent investigator to Union organizer Ellen Dienger has been helping Latino workers.
get here, they find out. One of last year, we heard some investigate the complaints Photograph by Andrew Anderson.
the guys who used to work for complaints from immigrant raised in the report.”
Able had to sleep on the floor workers about how they were Lynn D. Pundzak, an partisan that they had no Maria Gomez (not her real
for three months when he got treated at Cincinnati attorney hired by Cincinnati concern for the truth.” name) of Fairfield wrapped
here.” Processing,” Sherman says. Processing to conduct the But Hilgeman is wrong. Not meat at Cincinnati Processing
Rivera says that when she “We felt the best way to address investigation, referred a all the complaints about until she was fired last fall.
and her family expressed a the problem was through the reporter ’s questions to Cincinnati Processing have been Speaking through an interpreter,
desire to live in an apartment of community, so we jointly formed company attorney Jim Mills. He given on condition of anonymity. she makes the same charge
their own choosing, company the Southwest Ohio Workers’ in turn relayed to Hilgeman a One of the workers who about sanitation at the plant.
officials said such a move would Rights Board with religious and request for an interview and a complained about the company “A lot of times, if the meat
cost them their jobs. community activists who in copy of the investigator’s was Aide Rodriguez, who was fell on the floor, they wouldn’t
“They bring people from December held a hearing with report. In letters relayed by fired in October 2007. The do what they’re supposed to
Puerto Rico to here – and then six workers. They described Mills to Streetvibes, Hilgeman UFCW provided a copy of do,” Gomez says. “They’re
they throw them in the streets,” the situation at Cincinnati declined both requests. Rodriguez’s statement, titled supposed to spray it, but they’d
she says. Processing. Hilgeman’s letter to the “Cincinnati Processing Worker just put it in the packages. I saw
The UFCW flier echoes “This one woman had Southwest Ohio Workers’ I Testimony.” it with my own eyes. Even the
Rivera’s allegations. diabetes but they wouldn’t let Rights Board (SOWRB) used “When I started working, I supervisor saw it. The new
“In one instance, Able/ her take her medicine. The the word “complaints,” but in his was never properly trained on people hadn’t been trained.
Diverse Personnel told the supervisors only let her take the May 20 reply to Streetvibes, he how to use the knives or how They picked it up, and the
workers they could leave but medicine at certain times. They bristles at the use of the term. to use the chemicals,” the supervisors didn’t say anything.
they would have to continue to had several supervisors who “No interview is called for,” statement says. “I received no
pay for rent at the company would make decisions on who Hilgeman writes. “The company orientation whatsoever, and I Continued on page 6
STREETVIBES
6 Streetvibes Investigation June 2008

Continued from page 5


be high-hazard industries,” he
It would already be on the says.
Styrofoam plates. The whole Asked to respond to
plate would fall on the floor, and allegations of unsanitary food
they would pick everything up, handling, Hilgeman writes,
wrap it up and send it to “Cincinnati Processing has an
Kroger.” unquestioned record of
“It’s pretty much every day. providing quality services and of
They would yell and make them compliance with rigorous safety
go so fast, and people couldn’t and sanitation standards. The
even stretch their backs. The company’s operations and
meat would fall on the floor all records are closely monitored
the time because they would by onsite USDA inspectors.”
work so fast.” But several workers say that
supervisors know when USDA
‘They’re coming’ or Kroger personnel will be

Sexual harassment was


common at Cincinnati “One of the supervisors told one of the
Processing, according to workers, ‘You’ve got to go faster!
Gomez and Jackie Robinson. Both Diverse and Able companies recruit in Puerto Rico.
You’ve got to go faster!’ He cut himself. Photograph by Andrew Anderson.
“When the supervisors saw
that Dennis gave me a piece of
He lost part of his finger. They took him
candy, they said there must be to the hospital. They did not call an “Really we’re still the union says he decided to speak out in
something going on,” Gomez ambulance. They didn’t stop the line. there,” he says. “We never de- the hope that other workers will
says. “They would say, ‘Did They didn’t clean the knives. They certified. We just haven’t had a be spared the death threats,
you go under his desk and do didn’t do anything.” lot of contact until recently.” sexual harassment and other
something for him?’ I liked the Dienger says the union has problems he experienced. He
work and really enjoyed my job. initiated formal contact with describes the day when he drew
I just didn’t understand the way inspecting, and the operation Louis Leny, Midwest management and hopes to begin the line.
they treated me, the way they temporarily improves. An e-mail regional manager for USDA, negotiating soon. “They gave me a lot of
harassed me sexually and made criticizing the company, says all records requests must When it comes to meat, and the supervisor looked
us work so hard. circulated by members of the go through the agency’s office complaints against Diverse at me and said, ‘You’re really a
“They’d say, ‘Work as fast Workers’ Rights Board, says in Washington, D.C. Personnel Co., which provides woman, you’re an animal,
as you move at night. Move as visits by Kroger personnel were “Any request for records temporary workers for you’re good for nothing and
fast as you do when you’re announced in advance. has to go through the FOIA Cincinnati Processing, Club you’ve got to do the work that
having sex.’ “ “Obviously, Kroger process,” he says. “I’m not Chef, the Castellini Co. and I say, that I give you,’ “ Robinson
Sometimes injuries resulted employees stop by the plant to authorized to release anything.” others, Dudley says the union says.
from pressure to work faster, inspect the working conditions A Freedom of Information isn’t even trying to recruit “And I told him, ‘Look, I’ve
Gomez says. and standards but the Act (FOIA) request to USDA members. seen you look at the women.
“One day they had a lot of employees at Cincinnati wasn’t answered in time for this “We’re not organizing at You yell and you’re not going
meat to cut,” she says. “They Processing explained these visits edition. Diverse,” he says. “We would to yell at me ever again, because
were cutting pork feet. They are planned in advance,” the Hilgeman denied a just like to help the workers. I in the United States there’s no
had a lot of feet to cut. One of statement says. “Management reporter’s request to tour the think maybe there are things such thing as slavery; there’s no
the supervisors told one of the and supervisors know in plant. happening that are not legal.” such thing as a group of slaves.
workers, ‘You’ve got to go advance when Kroger Kroger officials have not A legal fight of one sort or … The next time that you
faster! You’ve got to go faster!’ representatives are coming and, responded to the complaint another is almost certain to scream at me, I’m going to get
He cut himself. He lost part of of course, make sure everything report by the Workers’ Rights result from the effort, whether it a ride out of here and call the
his finger. They took him to the is perfect on those days.” Board, according to Sherman. involves the FBI, federal sheriff.’ “
hospital. They did not call an The same is true of Kroger representatives did not regulatory agencies or The confrontation worked
ambulance. They didn’t stop inspections by the U.S. return a reporter’s calls. defamation lawsuits. In addition – at least temporarily.
the line. They didn’t clean the Department of Agriculture to the threat by Cincinnati “Everybody stopped for a
knives. They didn’t do (USDA), according to Gomez. See you in court Processing to sue the Southwest number of minutes and looked
anything.” “They came in and checked Ohio Workers’ Rights Board, up, and they said, ‘That old fuck
In a letter to Streetvibes, things, but they always knew The UFCW is the legal that company’s lawyer and the has quite a temper’ — in front
Hilgeman, the plant manager, before they were going to bargaining agent for workers at attorney for Diverse Personnel of everybody. Then that man
briefly defended the company’s come,” she says. “Dennis would Cincinnati Processing — but in Co. intimated in letters to stopped talking to me for six
safety record. say, ‘They’re coming,’ and name only, according to Bill Streetvibes that it risked legal days.”
“As you might expect, there everything would be done Dudley, director of organizing action in pursuing this story. Now Robinson and his co-
have been cuts from time to slower. They would clean.” and strategic operations for Jackie Robinson, who workers say they want a
time, and the company has In his letter, Hilgeman says Local 1099. The union won a worked for both companies, solution that lasts.
complied with all OSHA record the “false statements” about the certification election at the plant
keeping requirements,” the company should be checked more than 10 years ago, but Streetvibes Subscriptions
letter says. against USDA records. only after a protracted legal
The local office of the “It would be reckless for battle, with the National Labor Are you interested in having Streetvibes
Occupational Safety and Health anyone to repeat or otherwise Relations Board impounding the
Administration (OSHA) has no publish these false allegations ballots for three years, he says.
delivered to your mailbox every month?
record of safety violations at without checking the company’s By the time UFCW was
Cincinnati Processing, record of USDA compliance,” certified as the union at Send a check for $25 with your name and
according to Area Director the letter says. Cincinnati Processing, most of address to:
Dick Gilchrist. Asked for copies of USDA the employees originally
“We have nothing on that inspections, Hilgeman says the involved in the campaign had Streetvibes
company, and normally we are company doesn’t have them. moved on. The union never
familiar with meatpackers “These are kept by the succeeded in negotiating a
117 E. 12th St.
because there aren’t many of USDA, not the company,” he contract with the company, Cincinnati, OH 45202
them left, and they also tend to writes. Dudley says.

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