Immigrant Workers Find Justice Through Workers Defense Project

By Ellie Hurley

Austin has long been dubbed a liberal oasis among the great conservative state of Texas. At its surface it certainly lives up to its reputation. The streets are lined with vintage clothing shops, café's touting fair trade coffee, and restaurants with local food. Yards sport eccentric decorations and campaign signs for Democratic candidates, while music floats out from the open windows of various bars. It is certainly not the picture of Texas painted in our papers, depicted in movies, or discussed by political pundits. However, no matter how liberal a city may seem, no matter where its location, for an immigrant worker and their family, daily life, no matter the locale, can feel much the same.

For immigrant workers, daily life is always a struggle. They work hard jobs for low wages, but for many in the community the struggle doesn't end when the working day does. Most immigrant workers fall under the category of day laborers, often working in the fields or doing construction for very low wages and without a valid contract. A report issued by the UCLA Center for the Study of Urban Poverty found that many day laborers (already making less than $10 an hour on average) suffer frequently from stolen wages, beatings, and long shifts with no breaks. The study found that at least half of the population surveyed could report being denied wages by their employer. Not only is it difficult to regain these wages without a valid contract, many immigrant workers do not speak fluent English and fear deportation if they report the wage theft. Scared and confused day laborers often go unpaid for the difficult and valuable work they do.

In Austin, the Workers Defense Project or Proyecto Defensa Laborel (PDL) provides a rare combination of services where day laborers can not only go to file complaints, but also learn to organize in order to continue to fight for all immigrant workers. PDL's mission states they are an organization that empowers Latina/o immigrant workers to act collectively for racial and economic justice in the workplace through leadership development, education, organizing and collaborating with strategic allies. Not only has PDL recovered $430,000 in lost wages since its inception in 2002, but it has also graduated 65 workers from its 8-week leadership development course, and has several current workers on its board of directors.  "For the people we work with this paycheck means everything to them," says Cristina Tzintzun, Project Director at PDL, "they're often deciding between buying food or paying rent."

PDL was a winner of WHY's 2007 Harry Chapin Self Reliance Award (HCSRA). The HCSRA program distributes cash grants to outstanding grassroots organizations in the United States that have moved beyond charity to creating change in their communities. Organizations selected as Harry Chapin Self-Reliance Award winners are judged outstanding for their innovative and creative approaches to fighting domestic hunger and poverty by empowering people and building self-reliance.  "

On a recent trip to Austin, WHY staffers were lucky enough to not only visit PDL's offices, but also to attend one of their Workers in Action meetings. These meetings are the place where immigrant workers, potential new members and old alike, come to identify issues in the community, receive counseling on a case by case basis, and also (and most importantly) celebrate their successes. The meeting begins with an introduction followed by a basic membership overview. Membership in PDL includes the dedication to helping other immigrants, English classes and leadership classes, and participation in their Sunday meetings. They then move on to discuss current issues facing the immigrant community, at this meeting it was the police holding immigrants in jail for over 24 hours, which leads to higher rates of deportation. After the issue is addressed, victories are celebrated. On this day one woman present was recently paid more than $12,000 in back pay for a job providing childcare. Another worker recovered $420.00 for work he had done back in August.

After the general meeting the participants split into two groups, those with current cases staying in one room and new attendees going to another for the "basics of workers issues chat." It was an eye-opening experience to listen to the hardships faced by these individuals. There stories range from wage theft to physical and sexual abuse, atrocities that most of us will never have to face. Because these workers are so desperate for a job and often face language barriers, they overlook many of their rights. For example, in Texas, contracts are binding whether they are verbal or written but without this knowledge when an employer tells them they don't have a contract because nothing was signed, they believe the employer. An employer is also required to keep track of hours worked, wages, etc. Most employers overlook this and take for granted that the immigrant workers they employ will never ask. In order to counter this negligence PDL offers workers their own booklets where on top hours worked and wages earned, they can also write down the driver's license of their employer in order to find them later if wages go unpaid.

These informational meetings are only the beginning.  As Tzintzun puts it, "a real focus of our work is educating the immigrant community on how to speak for themselves."  The results of this are seen clearly in the impact PDL's  work has on the lives of individuals.  When Francisco Hernandez and five other day laborers began work remodeling a house they had no idea that their employer never intended to pay them.  After two weeks of work, them men were given checks only to find out at the bank that their employer had cancelled them.  For Hernandez, a single father, this money meant being able to care for his daughter.  Hernandez turned to PDL and after a long battle received the money for his work.  Now, says Tzintzun, Hernandez is one of their strongest representatives.  He not only speaks out publicly about the issues facing immigrants but he gives back to PDL, volunteering every other week at their Worker's in Action Meetings.

In just 5 short years PDL has informed over 3,500 immigrants of their workplace rights and how to protect themselves from workplace abuses. By educating immigrant workers through organizing classes, street theater, and public service campaigns PDL has made a name for themself in Austin, in Texas, and throughout the US. After Hurricane Katrina they served as a model for organizations working in the Gulf Coast reconstruction effort by sharing skills, resources, and organizing strategies.  PDL is truly embodies the ideals that WHY stands for, fighting hunger and poverty and its root causes and making lasting change in lives of thousands.