Teachers and to all our supporters, we are so excited and happy to announce that the decision of the Louisiana Workforce Commission (LWC) is very favorable to our cause! Congratulations to all those who keep the fire burning! Congratulations to those brave souls who stood as witnesses on our behalf! Kudos to AFT and LFT for their dedication to our cause! Bravo to the leaders and members of the Filipino Educators Federation for the needed leadership.
May this victory mean the strengthening of our efforts for justice and our advocacies to protect the rights of migrant teachers and workers. Let us remember that this development is not the end but is just a new beginning in our struggle. We expect that UPI will appeal and challenge the decision. We expect that there will be more arenas of battle. However, today we have a good reason to celebrate. But yes, the fight for justice goes on!
A Quick Review of the Findings
Despite UPI’s flimsy attempt to reclassify its operations and skirt the law, the Commission concluded that UPI is indeed operating as an employment service in the State of Louisiana as defined in the LPES (Louisiana Private Employment Service) law. As such UPI violated the said law by operating without first obtaining the requisite license. On top of that, below are the other findings of the Commission.
1. “The evidence established that UPI charged the teacher applicants a "marketing fee" which is prohibited by La. R.S. 23:111 B(2).”
2. “The evidence established that UPI collected placement fees from the teacher applicants "prior to actual commencement of work" in violation of Section 107.A.5 of Title 40 of the Louisiana Administrative Code.”
3. “The evidence established that UPI collected fees from teacher applicants who did not ultimately commence work on the job procured by UPI in violation of La. R.S. 23:111 B(3)(e) and Section 107.A.6 of Title 40 of the Louisiana Administrative Code.”
4. “The evidence established that UPI's contracts with the teacher applicants obligated the teachers to pay UPI a fee of 10% of the teacher's gross monthly income for the first 24 months of employment. This contractual provision violates La. R.S 23:111 B(3)(a) which limits an employment services fees to the applicant's first year's gross earnings.”
5. “The evidence established that UPI violated La. R.S 23:111 B(3)(b) which requires the employment service to adjust its fee upward or downward based on the actual gross earnings of the applicant.”
A Summary of the Awards and Penalties
With the findings above, the Commission ordered the following awards:
1. “UPI is hereby ordered to pay a fine to the Louisiana Workforce Commission in the amount of $500 for violating the LPES by operating an employment service in Louisiana without first obtaining the requisite license and otherwise failing to comply with the LPES as set forth herein.”
2. “The Commission does hereby order UPI to pay litigation expenses in the amount of $7,500.00 jointly to the AFT, LFT and Avoyelles Parish Intervenors as the prevailing parties.”
3. “The placement fees paid by the Filipino teachers were charged by UPI, an unlicensed employment service, in violation of Louisiana's Private Employment Service regulatory scheme. UPI is ordered to refund the placement fees paid by the Filipino teachers to UPI.”
4. “This Commission does not have the power to impose a criminal sanction on the Defendant. The matter will be referred to the appropriate authorities as the Director of the Louisiana Workforce Commission may deem necessary.”
The LWC decision however falls short of nullifying the contract as it underscores that that is outside the powers granted to it by the law. The decision says, “The LWC is without authority to declare the contract between two parties null.” What is clear is that LWC finds the contracts in violation of the statute in several counts. And according to the AFT lawyer, if UPI “seeks to enforce the contracts in a court of law, the court would use the LWC decision to declare the contracts void.”
Showing posts with label aft. Show all posts
Showing posts with label aft. Show all posts
Friday, April 16, 2010
Monday, April 5, 2010
Stop oppressive forms of recruitment! Scrap the unjust UPI teacher contracts!
The newly formed organization of Filipino teachers, the Filipino Educators Federation of Louisiana, sent us the statement below in time for today's hearing of the case filed against UPI with the Louisiana Workforce Commission.
Filipino Educators Federation of Louisiana
Press Statement
April 5, 2010
Stop oppressive forms of recruitment!
We, members of the Filipino Educators Federation of Louisiana, call for the immediate end to the oppressive recruitment practices of Universal Placement International (UPI) and the scrapping of the unjust contract that were forced on the teachers. We are victims of these practices and have banded together as an organization to assert our rights and advocate for the protection of the rights of migrant teachers and workers as a whole.
We join all the Filipino teachers who share our aspiration for justice. We fully support the efforts of our fellow educators under the banner of the American Federation of Teachers and the Louisiana Federation of Teachers. We are not doing this only for ourselves and our families but also to the hundreds more who stand to be victimized if these excessively unjust practices are not stopped.
Our members will be testifying in today’s hearing to put on record the oppression we have experienced and the onerous contracts that were forced on the Filipino teachers under the threat of being “deported” or deprived of a job. We have experienced different forms of intimidation and manipulation that was aimed solely to strengthen the grip of tyranny of Lulu Navarro over all of us.
Filipino teachers have suffered from excessive and illegal fees and up to now our families are burdened with heavy debts back home. We have endured verbal threats and legal bullying to make us submit to the whims of the placement agency.
Indeed Lourdes “Lulu” Navarro, the owner of UPI, is not new to such criminal behavior as she is a convicted felon in the State of California on several counts of Medi-Cal fraud, grand theft, money laundering and identity theft.
We call on the Louisiana Workforce Commission to give relief to the migrant Filipino teachers deployed in the different school districts in Louisiana who have showed dedication to their vocation and commitment to quality education. We call on the commission to stand with the foreign teachers who have showed perseverance to make a difference in the lives of the children of Louisiana despite their horrible circumstances.
We appeal on the honorable commission to nullify the lopsided contract that is being utilized by Universal Placement International as a tool to oppress these migrant teachers. We appeal on the commission to stand by Louisiana’s public policy and tell the world that these inhumane practices have no place in the State; that no legal technicality can provide a smokescreen for repression.
We also enjoin all other Filipino teachers who share these experiences to come out and stand up for your rights. Let us broaden our unities against this injustice and together pursue our dreams for our families with dignity.
We call on all workers and parents here in Louisiana to support our cause for justice as this is not simply an issue about recruitment but an issue that concerns a grossly immoral and deceitful practice aimed at enriching a person at the expense of others. This issue is imbued with public interest as it concerns the education of our children.
Today, as we struggle for justice, we renew our commitment to serve the needs of the different school districts in the State of Louisiana. We enjoin the public in our aspiration to end all oppressive forms of recruitment. Join us in our call to put a stop to the illegal operations of Universal Placement International and the nullity of these burdensome teachers’ contracts.
Filipino Educators Federation of Louisiana
Press Statement
April 5, 2010
Stop oppressive forms of recruitment!
Scrap the unjust UPI teacher contracts!
We, members of the Filipino Educators Federation of Louisiana, call for the immediate end to the oppressive recruitment practices of Universal Placement International (UPI) and the scrapping of the unjust contract that were forced on the teachers. We are victims of these practices and have banded together as an organization to assert our rights and advocate for the protection of the rights of migrant teachers and workers as a whole.We join all the Filipino teachers who share our aspiration for justice. We fully support the efforts of our fellow educators under the banner of the American Federation of Teachers and the Louisiana Federation of Teachers. We are not doing this only for ourselves and our families but also to the hundreds more who stand to be victimized if these excessively unjust practices are not stopped.
Our members will be testifying in today’s hearing to put on record the oppression we have experienced and the onerous contracts that were forced on the Filipino teachers under the threat of being “deported” or deprived of a job. We have experienced different forms of intimidation and manipulation that was aimed solely to strengthen the grip of tyranny of Lulu Navarro over all of us.
Filipino teachers have suffered from excessive and illegal fees and up to now our families are burdened with heavy debts back home. We have endured verbal threats and legal bullying to make us submit to the whims of the placement agency.
Indeed Lourdes “Lulu” Navarro, the owner of UPI, is not new to such criminal behavior as she is a convicted felon in the State of California on several counts of Medi-Cal fraud, grand theft, money laundering and identity theft.
We call on the Louisiana Workforce Commission to give relief to the migrant Filipino teachers deployed in the different school districts in Louisiana who have showed dedication to their vocation and commitment to quality education. We call on the commission to stand with the foreign teachers who have showed perseverance to make a difference in the lives of the children of Louisiana despite their horrible circumstances.
We appeal on the honorable commission to nullify the lopsided contract that is being utilized by Universal Placement International as a tool to oppress these migrant teachers. We appeal on the commission to stand by Louisiana’s public policy and tell the world that these inhumane practices have no place in the State; that no legal technicality can provide a smokescreen for repression.
We also enjoin all other Filipino teachers who share these experiences to come out and stand up for your rights. Let us broaden our unities against this injustice and together pursue our dreams for our families with dignity.
We call on all workers and parents here in Louisiana to support our cause for justice as this is not simply an issue about recruitment but an issue that concerns a grossly immoral and deceitful practice aimed at enriching a person at the expense of others. This issue is imbued with public interest as it concerns the education of our children.
Today, as we struggle for justice, we renew our commitment to serve the needs of the different school districts in the State of Louisiana. We enjoin the public in our aspiration to end all oppressive forms of recruitment. Join us in our call to put a stop to the illegal operations of Universal Placement International and the nullity of these burdensome teachers’ contracts.
Thursday, October 1, 2009
Official complaints filed over mistreatment of teachers
To read the official complaint, complete with exhibits, visit the website of the American Federation of Teachers (AFT). Please click here. We also embedded below video news reports of Louisiana-based media organizations on the issue.
(Baton Rouge – October 1, 2009) A company that recruited foreign teachers to work in Louisiana schools is guilty of cheating those teachers out of thousands of dollars and holding them in virtual servitude, according to complaints presented to the Louisiana Federation of Teachers by international educators.
The LFT and the American Federation of Teachers brought these complaints to the Louisiana Workforce Commission and the Louisiana Attorney General on Wednesday afternoon.
The charges involve multiple violations of state and federal laws. Attorneys for AFT and LFT said the union is asking that the teachers’ contracts with the California-based recruiter be voided, and that the recruiter be criminally prosecuted under state law.
“The alleged behavior of this recruiter and the treatment of these teachers is quite frankly disgusting and an affront to basic American values,” said LFT President Steve Monaghan.
News Report of WDSU Channel 6. Click here to go the original source of this video.
Lourdes “Lulu” Navarro, the president of recruiting firm Universal Placement International, is a convicted felon who has served jail time in California and was also convicted of crimes in New Jersey. After treating some Louisiana school officials to Philippine Island junkets, she was allowed to recruit more than 200 teachers for Louisiana schools.
The Federation is acting on behalf of Filipino nationals who were hired in Caddo Parish, East Baton Rouge Parish, Jefferson Parish and the State Recovery School District in New Orleans. Each teacher was charged about $15,000 by Navarro to obtain a job, and was then required to sign over 10 percent of the monthly salary to UPI for two years. The total amounted to some 37% of the teachers’ salary.
Teachers who could not afford to pay the fees up front were directed to loan companies by Navarro, and were charged exorbitant interest rates.
In addition to collecting the fee from teachers, Navarro was paid $47,500 to recruit twenty five teachers by the State Department of Education to recruit teachers for the Recovery School District in New Orleans.
Many of the teachers say they were required to pay for housing provided by Navarro. Living four to a two-bedroom apartment, they were not allowed to choose their own roommates or to seek alternative living arrangements.
Those who complained were threatened with the loss of their work visas, according to statements provided by the teachers. Some were hit with lawsuits filed in California, where Navarro’s company is housed.
News Report of WBRZ Channel 2. Click here to go the original source of this video.
“To be a foreign national living in Louisiana, facing the threat a lawsuit in California, can virtually guarantee acceptance of the reported indignities imposed by Lulu Navarro and UPI,” said Monaghan.
“As soon as the shackles of these illicit contracts are legally voided, we believe that other migrant educators will come forward with additional complaints,” Monaghan said.
The union complaint, filed with state agencies on Wednesday afternoon, alleges that Navarro and her company violated Louisiana laws regulating private employment services in the state.
The union is asking for restitution for the teachers, fines and appropriate criminal penalties for principals of UPI, a declaration that all the contracts executed by Universal are void, and attorneys’ fees.
Who is Lourdes Navarro?
The president of UPI is a native of The Philippines, currently living in California. In 2000, she pleaded guilty in California court to charges stemming from an insurance scam. In a hand-written confession, she admitted to cheating the state medical program out of more than $1 million, which she laundered into cash. According to the confession, she stole the identity of several physicians to carry out her scheme.
Convicted of fraud, grand theft, identity theft, money laundering and white collar crime, she served time in county prison, five years probation and was ordered to pay $200,000 in restitution.
In 2003, she was convicted of money laundering in New Jersey.
Louisiana law requires disclosure of prior felony convictions as part of the Public Employing Service licensing procedure. Had Navarro applied for such a license, she probably would have been denied.
Neither Navarro nor UPI is licensed to do business in Louisiana as a “private employment service,” begging the question of how she or UPI were able to operate in Louisiana in the first place.
What violations of law are alleged?
Specific violations of Louisiana state law stem from Louisiana statutes and administrative code. They include the following:
• Failure to maintain an office in Louisiana. State law requires an “onsite manager for that location, or an on-site consultant who has successfully passed the private employment service examination.”
• Failure to provide a $5,000 bond to the state.
• Failure to post all the appropriate licenses to operate, an approved applicant schedule of fees, and copies of the Rules and Regulations Governing Private Employment Services.
• Illegally collecting fees from both the employer and the applicant.
• Illegally charging teachers employed in Louisiana fees prior to arriving in the state.
• Illegally charging fees to applicants who were never employed by a Louisiana school system.
The union complaint also raises a question of federal immigration law violations. Fees charged to candidates for the H-1B visas used by Filipino teachers must be paid by the employer, not the employee. But in a letter to the human resources director of the East Baton Rouge Parish School Board, Navarro explained that some $6,600 in visa application fees is charged to the teachers.
In the case of the Recovery School District, Navarro was paid by both the teachers and the state.
“These migrant teachers were exploited by outrageous and illegal fees, and apparently Louisiana taxpayers were likewise exploited,” said Monaghan.
What is the union asking for?
“First and foremost,” says the Union complaint, “these teachers deserve relief from the illegal contracts that bind them to Universal. Because these contracts violate Louisiana law and have not been authorized by the Workforce Commission, they violate public policy and should be declared void…”
The complaint also asks that Filipino teachers be refunded the $15,000 that each of them paid in order to be hired, as well as any other money collected by Universal since their employment.
Finally, the complaint cites state law as saying that an unlicensed employment agent “shall be guilty of a misdemeanor punishable by a fine of not less than fifty nor more than five hundred dollars, by imprisonment for not more than six months, or both.”
The Federation complaint asks that Navarro be fined and jailed for each of the hundreds of violations that were committed.
What do the Filipino teachers say about Navarro and UPI?
These comments are taken from sworn statements provided by Filipino teachers.
When we arrived in Los Angeles, California, we were made to sign a contract without giving us a chance to read it…We were told that the document is similar to the document that we signed in the Philippines. We hastily signed it…”
“Ms Navarro collected from us the amount of $160 (no receipt was given to us) for apartment rental. When we arrived here in EBR, we were not given the chance to choose where to stay and with whom.” (Anonymous Teacher “A”)
I received my (Social Security) card after two months with the envelop open. UPI received my card in California and I am afraid that I lost my privacy and security for what they did to me. I was also instructed to sign a paper which I was not given a chance to read the 4 to 5 pages contract.”
“We were warned not to ask a lot of questions regarding the contract because according to Francis, Miss Navarro doesn’t like people questioning those stuff.” (Anonymous Teacher “B”)
“I have so many loans in the Philippines, in fact, I was not able to support my 3 children and husband because all my salary goes to FINANCING AGENCIES which I borrowed just to pay for PARS [sister company to UPI] and UNIVERSAL.”
“Lulu Navarro…warned us again not to talk and mingle with the Filipino teachers who were ahead of us here in the U.S. She also warned us not to mingle with the Filipino community in Baton Rouge.”
“Lulu Navarro asked this question: “Who among you ride with American teachers in going to school?” …she called me in my phone and telling me not to ride any more nor talking to Americans…”
“Mrs. Navarro always scared us, and saying that if we will not follow her, she can send us back home to the Philippines, which stress me so much, I don’t do nothing just CRY.” (Anonymous Teacher “C”)
To all our fellow teachers, this is what we have been waiting for. To those who said before that this blog is merely engaging in useless chit-chats, this is for you. This blog is proud to be part of this campaign and struggle. - Gurong Gala
(Baton Rouge – October 1, 2009) A company that recruited foreign teachers to work in Louisiana schools is guilty of cheating those teachers out of thousands of dollars and holding them in virtual servitude, according to complaints presented to the Louisiana Federation of Teachers by international educators.
The LFT and the American Federation of Teachers brought these complaints to the Louisiana Workforce Commission and the Louisiana Attorney General on Wednesday afternoon.
The charges involve multiple violations of state and federal laws. Attorneys for AFT and LFT said the union is asking that the teachers’ contracts with the California-based recruiter be voided, and that the recruiter be criminally prosecuted under state law.
“The alleged behavior of this recruiter and the treatment of these teachers is quite frankly disgusting and an affront to basic American values,” said LFT President Steve Monaghan.
News Report of WDSU Channel 6. Click here to go the original source of this video.
Lourdes “Lulu” Navarro, the president of recruiting firm Universal Placement International, is a convicted felon who has served jail time in California and was also convicted of crimes in New Jersey. After treating some Louisiana school officials to Philippine Island junkets, she was allowed to recruit more than 200 teachers for Louisiana schools.
The Federation is acting on behalf of Filipino nationals who were hired in Caddo Parish, East Baton Rouge Parish, Jefferson Parish and the State Recovery School District in New Orleans. Each teacher was charged about $15,000 by Navarro to obtain a job, and was then required to sign over 10 percent of the monthly salary to UPI for two years. The total amounted to some 37% of the teachers’ salary.
Teachers who could not afford to pay the fees up front were directed to loan companies by Navarro, and were charged exorbitant interest rates.
In addition to collecting the fee from teachers, Navarro was paid $47,500 to recruit twenty five teachers by the State Department of Education to recruit teachers for the Recovery School District in New Orleans.
Many of the teachers say they were required to pay for housing provided by Navarro. Living four to a two-bedroom apartment, they were not allowed to choose their own roommates or to seek alternative living arrangements.
Those who complained were threatened with the loss of their work visas, according to statements provided by the teachers. Some were hit with lawsuits filed in California, where Navarro’s company is housed.
News Report of WBRZ Channel 2. Click here to go the original source of this video.
“To be a foreign national living in Louisiana, facing the threat a lawsuit in California, can virtually guarantee acceptance of the reported indignities imposed by Lulu Navarro and UPI,” said Monaghan.
“As soon as the shackles of these illicit contracts are legally voided, we believe that other migrant educators will come forward with additional complaints,” Monaghan said.
The union complaint, filed with state agencies on Wednesday afternoon, alleges that Navarro and her company violated Louisiana laws regulating private employment services in the state.
The union is asking for restitution for the teachers, fines and appropriate criminal penalties for principals of UPI, a declaration that all the contracts executed by Universal are void, and attorneys’ fees.
Who is Lourdes Navarro?
The president of UPI is a native of The Philippines, currently living in California. In 2000, she pleaded guilty in California court to charges stemming from an insurance scam. In a hand-written confession, she admitted to cheating the state medical program out of more than $1 million, which she laundered into cash. According to the confession, she stole the identity of several physicians to carry out her scheme.
Convicted of fraud, grand theft, identity theft, money laundering and white collar crime, she served time in county prison, five years probation and was ordered to pay $200,000 in restitution.
In 2003, she was convicted of money laundering in New Jersey.
Louisiana law requires disclosure of prior felony convictions as part of the Public Employing Service licensing procedure. Had Navarro applied for such a license, she probably would have been denied.
Neither Navarro nor UPI is licensed to do business in Louisiana as a “private employment service,” begging the question of how she or UPI were able to operate in Louisiana in the first place.
What violations of law are alleged?
Specific violations of Louisiana state law stem from Louisiana statutes and administrative code. They include the following:
• Failure to maintain an office in Louisiana. State law requires an “onsite manager for that location, or an on-site consultant who has successfully passed the private employment service examination.”
• Failure to provide a $5,000 bond to the state.
• Failure to post all the appropriate licenses to operate, an approved applicant schedule of fees, and copies of the Rules and Regulations Governing Private Employment Services.
• Illegally collecting fees from both the employer and the applicant.
• Illegally charging teachers employed in Louisiana fees prior to arriving in the state.
• Illegally charging fees to applicants who were never employed by a Louisiana school system.
The union complaint also raises a question of federal immigration law violations. Fees charged to candidates for the H-1B visas used by Filipino teachers must be paid by the employer, not the employee. But in a letter to the human resources director of the East Baton Rouge Parish School Board, Navarro explained that some $6,600 in visa application fees is charged to the teachers.
In the case of the Recovery School District, Navarro was paid by both the teachers and the state.
“These migrant teachers were exploited by outrageous and illegal fees, and apparently Louisiana taxpayers were likewise exploited,” said Monaghan.
What is the union asking for?
“First and foremost,” says the Union complaint, “these teachers deserve relief from the illegal contracts that bind them to Universal. Because these contracts violate Louisiana law and have not been authorized by the Workforce Commission, they violate public policy and should be declared void…”
The complaint also asks that Filipino teachers be refunded the $15,000 that each of them paid in order to be hired, as well as any other money collected by Universal since their employment.
Finally, the complaint cites state law as saying that an unlicensed employment agent “shall be guilty of a misdemeanor punishable by a fine of not less than fifty nor more than five hundred dollars, by imprisonment for not more than six months, or both.”
The Federation complaint asks that Navarro be fined and jailed for each of the hundreds of violations that were committed.
What do the Filipino teachers say about Navarro and UPI?
These comments are taken from sworn statements provided by Filipino teachers.
When we arrived in Los Angeles, California, we were made to sign a contract without giving us a chance to read it…We were told that the document is similar to the document that we signed in the Philippines. We hastily signed it…”
“Ms Navarro collected from us the amount of $160 (no receipt was given to us) for apartment rental. When we arrived here in EBR, we were not given the chance to choose where to stay and with whom.” (Anonymous Teacher “A”)
I received my (Social Security) card after two months with the envelop open. UPI received my card in California and I am afraid that I lost my privacy and security for what they did to me. I was also instructed to sign a paper which I was not given a chance to read the 4 to 5 pages contract.”
“We were warned not to ask a lot of questions regarding the contract because according to Francis, Miss Navarro doesn’t like people questioning those stuff.” (Anonymous Teacher “B”)
“I have so many loans in the Philippines, in fact, I was not able to support my 3 children and husband because all my salary goes to FINANCING AGENCIES which I borrowed just to pay for PARS [sister company to UPI] and UNIVERSAL.”
“Lulu Navarro…warned us again not to talk and mingle with the Filipino teachers who were ahead of us here in the U.S. She also warned us not to mingle with the Filipino community in Baton Rouge.”
“Lulu Navarro asked this question: “Who among you ride with American teachers in going to school?” …she called me in my phone and telling me not to ride any more nor talking to Americans…”
“Mrs. Navarro always scared us, and saying that if we will not follow her, she can send us back home to the Philippines, which stress me so much, I don’t do nothing just CRY.” (Anonymous Teacher “C”)
To all our fellow teachers, this is what we have been waiting for. To those who said before that this blog is merely engaging in useless chit-chats, this is for you. This blog is proud to be part of this campaign and struggle. - Gurong Gala
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