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The Tribune
Sunday, September 14, 2008
An attorney for the United Food and Commercial Workers Union told fired JBS Swift & Co. workers he plans to make the company prove in every instance that the employees violated their union contract.
Attorney John Bowen, along with other state representatives -- including Jim Riesberg, D-Greeley -- spoke Saturday during a meeting at the Union Colony Civic Center and assured the Muslim workers, fired for not going to work because of a conflict about Ramadan accommodations, that they have rights.
"The company will argue that you engaged in a strike that violated the contract," Bowen said. "We will require them to prove for each of you that that happened."
Bowen told more than 100, mostly Somalis, that the company violated several provisions in its contract. JBS officials contend the Muslim workers violated the contracts.
In preparation for legal action, Bowen said the fired workers need to document how and when they were fired.
Bowen said he filed 90 employee grievances Friday, and he expects to file more Monday. He has also filed a grievance on behalf of the union.
"The situation you find yourself in is as workers is not unique, but it is a difficult one," Bowens said. "Your situation is complex."
It still unclear how many employees were fired, as union spokesman Manny Gonzales said he received different numbers from the list provided by JBS. A JBS official said on Wednesday about 100 workers were fired.
Riesberg promised the crowd he would do his part to ensure they are treated fairly.
"We need to spend a lot of time negotiating with Swift so you can have your jobs back," said Riesberg, who fielded questions from frustrated former employees.
Riesberg assured the Somalis that they are welcome in Greeley.
Without guarantee that they will get their jobs back, people at the meeting were urged to register for unemployment and file for workman's compensation.
Programs such as the Colorado Immigrant Rights Coalition and the Colorado State Refugee Services Program are in place to help the Somalis survive this transition, the workers were told.
Amber Tafoya with the coalition said she has spoken with employees who were laid off and believes JBS officials were in error.
"We will be with you on your long walk to justice," Tafoya said. "I'm confident that you as a community have the solution to your problems."
Wednesday, more than 100 employees were fired for not returning to work after they walked off the line because they say they were not given the early break time JBS Swift agreed to as part of its effort to accommodate their observance of Ramadan. JBS officials said last week that it moved the break time up from about 9 p.m. to about 8 p.m. as a compromise between Muslim and non-Muslim workers.
Fired workers contend that management initially agreed to the modified break times only to reverse that decision without warning. Workers also say JBS management turned off drinking fountains on the plants floor and blocked access to break rooms and bathrooms.
JBS officials contend workers violated their union contracts by walking off the job Sept. 5, and that Swift upheld the agreement made with workers.
Phone calls and e-mails to JBS Swift representatives Saturday night seeking comment were not immediately returned.
What's next
Fired Somali workers from JBS Swift & Co. will meet today at 1 p.m. at the Union Colony Civic Center to discuss seeking additional legal assistance.