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.

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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.

The Quest for Justice

Friends and fellow teachers, we can already hear the wheels of justice turning.  Our quest for justice is moving forward.  The oppressor is now desperate to cover up her criminal acts so we expect her to carry out some desperate actions.  But have no fear for we have the truth on our side.  Let us remain strong as we have nothing to hide.

As we have always advocated since the start of this blog, the key to our victory is our unity.  No amount of threats, no amount of intimidation can muffle our unified voices. No amount of lies, no amount of cover up can suppress the truth.

We would like to give some updates on our efforts and the efforts of our network of advocates.

I.  Federal case versus Lulu Navarro and UPI
Last October 20, the American Federation of Teachers has already filed a federal case against the dreaded Lourdes “Lulu” Navarro and Universal Placement International with the U.S. Department of Labor. See press release from AFT below.

AFT Alleges Louisiana Teacher Recruiter Violated Federal Laws

A company that recruited hundreds of Filipinos to teach in Louisiana schools violated federal laws when it exploited, intimidated and threatened the teachers, according to a complaint filed Oct. 20 by the AFT.

The complaint, delivered to the U.S. Department of Labor, alleges that teachers recruited by Universal Placement International were directed to pay thousands of dollars in fees that federal law dictates should be paid by the employer. The AFT alleges that each teacher paid approximately $15,000 to Universal before working a single day as a teacher, and signed an illegal contract, under duress, requiring payment of additional fees.

"The allegations, backed by the facts, show these teachers to be victims of worker abuses like the ones in our students' history books: indentured servitude, debt bondage and labor contracts signed under duress," says AFT president Randi Weingarten. "What makes these allegations especially heinous is that the victims are good teachers, that school districts and tax dollars are involved, and that all this is taking place in 21st-century America." (Read complete article…)

II. Ingrid Cruz, providing a face to our struggles
USA Today featured a very compelling story that reflects the predicament of most of us victims of UPI.  The brave teachers in the story are Teachers Ingrid Cruz, Bernard Pagusara, Ian Cainglet and Luzellene Perez.  This blog salutes all of you!

Federal complaint: Filipino teachers held in 'servitude'
By Greg Toppo and Icess Fernandez, USA TODAY

BATON ROUGE — It has been more than two years since Ingrid Cruz aced a middle-of-the-night video interview in Manila, borrowed $10,000 from her parents and flew halfway around the world to take a job here teaching middle school science.

She was seeking that most American of dreams: a new life, and opportunities she couldn't approach back home. But along the way, Cruz says she has endured intimidation, humiliation, extortion and a long, painful separation from her young daughters.

Cruz is one of more than 300 teachers imported to Louisiana from the Philippines since 2007, a group of educators who say collectively they paid millions of dollars in cash to a Filipino recruiting firm, PARS International Placement Agency, and its sister company, Los Angeles-based Universal Placement International Inc. (Read complete article…)

III. Advice from US Embassy

One of our colleagues went home because her application for the extension of her visa was initially denied.  She reapplied for a new visa and then went to the US Embassy in the Philippines the previous week to have her new visa stamped.  Upon learning that she is from EBR, she was brought to a meeting with agents where she volunteered all information.  The agents are appalled by the exploitation we have experienced from UPI and PARS. She is back here in the US now.

Here are the advice from the US Embassy agents in the Philippines who are investigating the criminal activities of UPI and PARS.  First, stop paying any fees to the agency. Second, to all those who are in the same predicament as our colleague, the US Embassy suggests that you go home and do not worry because the US embassy will help you and make sure you can come back. All you have to do is tell the truth.

(Note: We are not trying to replace the opinion of a lawyer. We are just sharing to you what transpired.)

IV. Efforts in the Philippines

We are happy to announce that we have a new advocate that will handle our legal representation in the Philippines. We will be filing cases against PARS with the POEA and DOLE. (A colleague already submitted more than 60 declarations to Dole Secretary Roque last week.). Our counsel is a respected lawyer, activist and consumer advocate. Also, he is a previous Community Service Awardee of the prestigious UP Alumni Awards.

We would like to thank Partido ng Manggagawa (PM or the Labor Party) for arranging this representation.  We would also like to acknowledge the support of the Public Services Labor Independent Confederation (PSLINK).

V. Statement of Support
We would like to feature a solidarity statement from PM.  This blog welcomes the solidarity of any group or individual.  If you or your group supports our cause, send us an email and we will be happy to feature your statement.  We certainly need all the support that we can get.

PM Solidarity Statement
October 29, 2009

Message of Solidarity with the Pinoy Teachers of Louisiana

The Partido ng Manggagawa salutes the brave Filipino migrant teachers in Louisiana. In the name of the working class in the Philippines, we support you in your fight for justice against the illegal and oppressive policies of the recruiter Lulu Navarro. We pledge to help your cause and struggle in any way we can.
You have broken the stereotype of Filipino teachers as meek and submissive slaves who will endure inhuman treatment with hardly a peep. Instead you have stood for what you believe is right despite all the odds and against threats of persecution by Navarro and her minions.

You have proven once again that in unity there is strength and in action lies the possibility of victory. The support you have garnered from the Filipino-American community, the American Federation of Teachers and even the coverage that has been given your issue by the US mass media is testimony to you determination in struggle over the course of almost a year.

With the light at the end of the tunnel ever clearer now as far as achieving your goals of seeking justice, we encourage you to broaden the scope of your fight and raise it to the next level. We ask that add to your agenda the reform of overseas employment policy in order to stop the abuse of Filipino migrant workers. If professionals like teachers can become slave labor in a country like the US, no wonder OFW’s by the thousands suffer from abuse, discrimination and indignity across the globe. (Read complete statement…)

A call to boycott payment of the 10% fees!

A call to boycott payment of the 10% fees!
A call to repudiate our contract with UPI!

Immediately upon our arrival here in the US, we were asked to sign a contract with Universal Placement International (UPI). There was no effort by UPI to explain the stipulations of the contract nor were we given substantial time to review the document.

We were told by UPI that the contract is simply the same as the one that we signed with PARS in the Philippines. And those who questioned were met by intimidation, with the threat of being sent back home. Still exhausted from the long trip, we signed the document despite our apprehensions.

It is clear that UPI intended to hide the details of the one-sided contract from all of us. It is now apparent that Lourdes Navarro is deliberately concealing important information from her clients.

She knows that once we arrive here in the US, we will have no other option but to follow her policies no matter how oppressive or unjust. Navarro knows that we can not easily back out as we have already spent a lot for the processing of our visa, placement fees, plane fare and other related expenses. Further she is aware that we don’t have our family and friends here whom we could easily approach for help.

This unjust contract with UPI stipulates that: “For the first twenty-four (24) months of employment, Client will pay Agency ten percent (10%) of client’s gross monthly income, payable monthly, commencing with the 1st pay period.” We were made to believe that the 20% of our projected annual gross income that we paid upfront to UPI and PARS in the Philippines is already our payment for the placement fee. Some of us thought the 20% fee we paid earlier is already our advance payment to the 10% being asked for in the contract.

On top of the 20% that we already paid, we are appalled that we will then be made to pay another round of fees – 10% of our monthly gross salary on our second year – which was never discussed or agreed upon in the Philippines.

The 10% additional fee is unjust! In fact we have paid more than what is required for us by the deceitful contract. While we only received a temporary or acknowledgement receipt for our payment, it is a hard evidence that shows that we have paid PARS and UPI 20% of our projected gross annual income. Bear in mind that we have not signed any other document requiring us to pay the 20% to UPI but we did, in good faith.

Further the contract has many questionable provisions and unfair stipulations. If you read the whole contract, it is full of provisions that ensure that the gluttonous Navarro receives our fees and get to keep the payments in all possible scenarios. See Sections A, B, D paragraph 3, E and G – that is a total of 13 paragraphs to protect the pockets of Navarro.

On the other hand, in the lopsided contract we are only given one provision, just one short paragraph, where we can collect from UPI. Section F on “Refund” states “In the event that the Agency does not provide client with at least one interview with a prospective employer, through no fault of the client, then agency will refund to Client US$150.00.”

One hundred and fifty US dollars!!! Half of the $300 required upon signing of the contract (section A paragraph 1). It simply means that in our agreement with UPI, whatever happens Navarro gets to keep the thousands of dollars that we paid! But if UPI does not perform its end of the agreement they will simply give us $150!!!

Observe further how this unjust contract describes UPI’s end of the agreement – “provide client with at least one interview.” Is that what they promised us – one interview? Lest we forget, what UPI committed to us are jobs!

In simple terms this is what PARS and UPI wants to happen: Give Navarro $300 and she promises to provide you her services, then give her $1000 so she will process your papers, then give her $10,000 for placement fee, then give her 10% of your income in your second year. But if Navarro fails to do what she promised, then she is willing to give you back $150!

Lulu Navarro, a convicted felon, is preying on our vulnerabilities as individuals. This greedy criminal will continue these corrupt and oppressive practices not only against us but against more of our Filipino brothers and sisters who, just like us, are hoping to fulfill their dreams for their respective families.

Navarro’s strategy is to divide us and prevent us from uniting against her, from voicing out the oppression we went through. Please let us not allow UPI, PARS and Navarro to continue bullying us. Let us not allow UPI, PARS and Navarro to hurt more families.

The time for fence-sitting has expired. The time to procrastinate is over. We are left with no choice but to fight back together! We are left with no other option but to fight now! Join us as we attack this monster from both the legal front and through democratic actions.

Let us boycott the payment of the 10% fees!

Let us boycott UPI in the renewal of our visa and in any other transaction!

Let us repudiate this excessive and deceitful contract with UPI!


Signed:

Pinoy Educators Network (PEN)

(To be part of this campaign and the actions that we are undertaking, please email your complete name and cell phone number to gurongwagi@pinoy.org. One or two of our leaders will get to meet with you once we verify your identity. Remember that you can trust us with your identity as this blog is the number one enemy of Lulu Navarro.)

A Taste of Victory

Congratulations teachers! We just won a taste of victory!

From $310 per individual per month, we were able to force the greedy Lourdes Navarro of Universal Placement to lower our rent to $275. From $1800 to $2000 per individual, we were able to force the gluttonous Lourdes Navarro of Universal Placement to lower the renewal fee to $1000.

Now here are questions for us to answer: Do you think she did these out of the goodness of her heart? Do you really think that this monster had undergone a real change in her outlook in life and decided to treat all of us fairly and humanely? Do you think that she would have done this without us exposing her abuses in this blog? Do you think she would have done this without the force of our voices?

With her notorious track-record of exploiting us, of treating us as slaves, in violating and getting around laws, both of the state of California and the Philippines, the sad answer to those questions above is a resounding NO!

No, she did those because of our united front of challenging her through our blog! She did those to calm down the anger that is being released in your comments and rejoinders in this blog! She did these out of trying to save her skin. She thinks that if she lowers those rates then we will treat her like a hero, a savior sent from heaven above.

Lourdes Navarro, we are not dumb! We are teachers, remember? Here is the simple math. For Savoy South: $275 x 4 people per unit = $1100 per unit, real rate = $800 per unit. For Savoy North: $310 x 4 people per unit = $1240 per unit, real rate = $940 per unit. Lulu, as swapang as she is, still earns AT LEAST $300 per unit per month. So let’s say there are only 40 units: $300 per unit x 40 units, that is $12,000 per month!

Gentle ladies and gentle men, Lourdes Navarro is cheating on us with at least $12,000 per month! She is forcing us to live in an old decrepit apartment at a higher rate while she continues to gather the fruits of our labor. We checked out other apartments in the area and at $1100 or $1240 a month, the Savoy units we are now occupying looks like an old worn out doormat.

Further immigration lawyers are now even entertaining $600 per person as we are a big group.

Fellow teachers, see what we can achieve by voicing out our common concerns and demands. We just made the oppressor blink and back track from her unfair and oppressive policies. See how in a simple concerted action, by simply exposing her wickedness, we can make the oppressor stop and think before unleashing more of her monstrosities.

What is clear now is that Navarro is simply trying to pretend that she understands our plight, that her heart bleeds for us. But what is obvious is that she did these as a smoke screen to the real issues – which is her violation of our contract, her violation of a Philippine Law (R.A. 8042), her overcharges, her threats and intimidation, her illegal and suspicious opening of our SSN documents, her forcing us to lease an apartment of her choice. She thinks that we will stop our call for justice and forget our demand for fairness once she gives us loose change.

Let us not be blinded by the real issues here, fellow teachers. The fight for real justice goes on! Let us remain courageous and united as we are confident of the victory of good over evil.

Again, congratulations to all of us teachers! May this development not dampen our resolve to seek justice but rather strengthen our commitment to truth and fairness.

Mabuhay ang gurong Pilipino!


Concerned Filipino Migrant Teachers
Louisiana, USA


P.S. To all teachers please do not fall for Navarro’s threats of silencing this blog. We are not afraid of her threats to sue us. On the contrary, Navarro’s actions make our determination even stronger. What we are doing here is an exercise of our right to free expression – a right that is protected under the Constitution of this country. Remember, what we are doing here is simply voicing out our experiences. It is clear that this blog did not just exist to malign somebody but to share our factual experiences. If they think what we are saying here is false, then all they have to do is answer them in this blog or in another blog. But clearly truth-telling is not one of their virtues and the only way they can respond is threaten us with their cash and lawsuit.

Cheers to unity!

"You can chain me, you can torture me,
you can even destroy this body,
but you will never imprison my mind."
- Gandhi

This day is a special day. I was looking for something that I did not even noticed I lost. I kept on waiting for it to return because I know deep in my heart that I lost something and I want it back. I almost gave up. Im not sure what it was but I know there is something missing, a void in my consciousness.

But then I started to share my fears, my apprehensions, my angst, my agonies. Suddenly others did the same. Sharing. Describing their fears. Listening. Acknowledging each others' wounds.

Indeed, the oppressor can break my bones, torture me and even deny me food, but they can never control my mind, they cannot restrain me from dreaming of a brighter tomorrow, they can never stop me from aspiring for justice.

Then out of nowhere, something struck me. Suddenly I realized that I finally found what I am looking for... my STRENGHT.

- Sinag ng Tala

On R.A. 8042

Below are excerpts from the Republic Act 8042 or the Migrant Workers and Overseas Filipinos Act of 1995.

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II. ILLEGAL RECRUITMENT

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.

(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

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This provision is surely one that has been violated by the agency. The agency has overcharged us and collected the charges prematurely in violation of section (a) above.

Why we need to act together.

An open letter to our fellow Filipino Migrant Teachers

Why we need to act together.

We left our country to work in a foreign land. Many of us were reluctant to leave our families and communities behind but the promise of a brighter future for us and our children led us to where we are now. We are here because we are trying to secure a life that is full of opportunities, not only for ourselves but also for our loved ones.

In the pursuit of our aspirations, we encountered challenges but we always resolved to face these problems for we know that a persistent attitude is the only way to go forward. Before we made our decision to come here, many of us were faced with the dilemma of leaving our families – sacrificing the company of our respective spouses and kids for a shot at the future.

Before we came here, we have to hurdle several interviews, seminars and backbreaking reviews and examinations. Many of us were short in finances but we sold our properties or even placed ourselves deep in debt so as not to derail our plans to become financially stable in the future.

In short, we gave all that we could, so we can start building a dream for ourselves and our families. We discovered however that the beautiful pictures that were painted in our imagination are not as what they seem to be. Now we discovered that the Recruitment and Placement Agency who we entrusted with our dreams is not acting with the best, or in fact not even a fraction, of our interests in mind.

Firstly, there was a lack of transparency in the process that we underwent as we are preparing our documents for our deployment here. The fees and charges were not even clear to us as the agency seems to invent new ways to empty our pockets every week. Many of us were not even able to read and study our contracts with the agency as we only received a copy of it on the eve of our flight.

Secondly, the agency is defrauding us with our hard-earned wages. Our contract stipulates that 10% of our monthly gross income for two years shall be paid to the agency. In reality however we were made to pay in advance 20% of our “expected” gross income for one year. To add insult to injury the “expected” gross income is bloated so as to make us pay the maximum advance payment. This overcharging of placement fees and the premature collection of the same is tantamount to illegal recruiting and is a violation of a Philippine law, the Republic Act 8042 or the Migrant Workers and Overseas Filipinos Act of 1995.

Further they say that the excess payment will be applied to the following year while we are not even sure of being renewed for the next year or if we would even opt to use the same agency next year. What the agency is doing, apart from milking us dry, is to indirectly restrict us from pursuing our other options as they intend to continue exploiting us.

Thirdly, the agency has instituted schemes that are grossly immoral and unfair to us teachers. One blatant example is its effort to corner many of us into borrowing from its partner lending agency that charges excessive interest rates. The agency is charging us illegally with steep placement fees, then turns around and refers us to its partner lending agency to charge us once again with exorbitant interest rates.

Fourthly, we are dismayed by which we are treated virtually as modern slaves. The agency cramped us up in dilapidated apartment units. What makes it even painful is that we are being overcharged with the rent for these unspeakable living quarters that were simply forced upon us. While the published rent of a unit is only around $800 a month, we are all charged $310 each with each apartment unit housing 4 individuals and at times up to 8. We have a right to a safe and clean place of dwelling. And we have a right to choose a place that we deem is best for ourselves as we are the ones spending for it in the first place. The agency however decided to simply disregard these rights and make money in the process.

Fifthly, many of us have experience first hand the threats and intimidation employed by the agency and its owner to force us to shut our mouths up and simply swallow the oppression. The agency even discourages us from communicating with other Filipino groups or else our contracts will not be renewed.

Sixthly, we are aware of some of our colleagues who, weeks after they arrived here, are still without school assignments but instead need to attend job fairs for placement. They were duped into believing that a job is waiting for them here for how else can they be issued working visas. For the meantime, interests payments for their debts pile up every day.

Further there are so many other individual issues that we are sure you have experienced with the agency as well. They have unlawfully opened our SS document without our consent, they have bullied us and treated us as if we are not responsible adults who can decide for ourselves, and much more. We share many of these horrible stories yet here we are appearing disorganized if not helpless.

Now what are we to do? Some of you may be thinking of just keeping silent and swallow whatever pride that is left within you. Some of you may take a step of getting a lawyer to secure your immigration papers. Or maybe you are one of those who are thinking of seeking justice against the agency in your individual capacity.

We are in a foreign land and unfamiliar with the environment. No doubt we can easily adapt like we Filipinos always do – but will we simply allow these injustices to continue to happen, not only to us but to the next batch of our fellow teachers? We don’t know any public officials here who can help us or a radio or a media organization that we can turn to – but will we simply join in the chorus of silence and inaction?

We strongly believe that it is in our best interest to act collectively. The same way that it is in the interest of the agency to keep us separate and scattered, to keep us vulnerable and powerless. The reason why the agency forbids us to talk to one another, or with any other Filipino groups for that matter, is precisely because the agency is afraid that we share our horrible experiences and in the process unite us into action.

We need to stand up. We need to act as a group. And here are the main reasons why:

First, we share a common goal in this struggle – a goal that we may be able to pursue our dreams for our families. When we coordinate our action, our effort will be much more effective as we have more brains, and hands and hearts working for our common objectives.

Second, these efforts require not only our time and energy but also our financial resources. Securing a lawyer alone to handle our immigration papers and pursue our case will involve a lot of expenses. And most of us are now drowning in debt caused by the exorbitant fees the agency is charging us. If however we act as a group, we have the power to negotiate a favorable arrangement that will make the shared burden lighter.

Last and more important, we very much know that in numbers there is strength. It is only through a united action can we achieve true empowerment. It is only through a concerted effort that our voice will be heard loud and clear. It is only through a unified struggle can we effectively protect our jobs and our future.

Again, it is an imperative that we act together. It is an imperative that we act now!

Mabuhay ang gurong Pilipino!


Signed:

Concerned Filipino Migrant Teachers
Louisiana, USA