day laborer hiring sites: constructive approaches to community

67

Upload: dangdat

Post on 10-Feb-2017

213 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Day Laborer Hiring Sites: Constructive Approaches to Community
Page 2: Day Laborer Hiring Sites: Constructive Approaches to Community

LO S AN G E L E S CO U N T Y BO A R D O F SU P E RV I S O R S

GLORIA MOLINA FIRST DISTRICTYVONNE BRATHWAITE BURKE SECOND DISTRICT

ZEV YAROSLAVSKY THIRD DISTRICTDON KNABE FOURTH DISTRICT

MICHAEL D. ANTONOVICH FIFTH DISTRICT

CO M M I S S I O N O N HU M A N R E L AT I O N S

RAY BARTLETT • DONNA BOJARSKY • REV. ZEDAR E. BROADOUSVITO CANNELLA • JUDY COFFMAN • SUSANNE CUMMING

ALBERT DEBLANC • ADRIAN DOVE • MORRIS KIGHT • LEE ANN KINGRUBEN LIZARDO • ROBERTO LOVATO • ELEANOR R. MONTAÑO • HAY YANG

ROBIN S. TOMA EXECUTIVE DIRECTORRON WAKABAYASHI EXECUTIVE DIRECTOR (1994-1999)

DAY LABORER

HIRING SITESC O N S T R U C T I V E A P P R O A C H E S T O C O M M U N I T Y C O N F L I C T

RO B I N TO M A & J I L L ES B E N S H A D E

Page 3: Day Laborer Hiring Sites: Constructive Approaches to Community

This project was supported by grant number - - - ,a w a rded by the Bureau of Justice Assistance, O f fice of JusticePro g ra m s , United States Department of Justice. The Bureau ofJustice Assistance is a com p onent of the Office of Justice Pro g ra m s ,w h i ch includes the Bureau of Justice St a t i s t i c s , Na t i onal Institute ofJ u s t i c e, O f fice of Juvenile Justice and Delinquency Preve n t i on , a n dthe Office of Victims of Cri m e s . Funding for the grant was prov i d e dby the Immigra t i on and Na t u ra l i za t i on Se rv i c e .Points of view or opinions in this document are those of theauthor(s) and do not re p resent the official position or policies of theUnited States Department of Justice.

Day Laborer Hi ring Site s~ C on s t ru c t i ve Ap p ro a ches to Com mu n i ty Con fli c t

Robin S. To m aJill Esbenshad e

©

CO M M I S S I O N O N HU M A N RELATI O N S

LO S AN G ELES CO U N TY

A ll rights re s e rve d . This publica t i on may be re p ro d u c e d ,in whole or in part , if the Los Angeles County Com m i s s i on onHuman Relations is pro p e rly cited.

Printed in the United States of Am e ri ca

C h a rl o t te Hi l d eb ra n d J ef fTs u j i

Los Angeles County Com m i s s i on on Human Relation s West Te m p l e, Suite

Los An g e l e s , C a l i f o rnia

: ₍₎ -

Page 4: Day Laborer Hiring Sites: Constructive Approaches to Community

Table of Contents

PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

chapter one: THE BASICS1/ Who Are Day Laborers? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2/ Community Controversy and Conflict . . . . . . . . . . . . . . . . . . . . . . 23/ CHART: Straightforward Solutions . . . . . . . . . . . . . . . . . . . . . . . . . 5-64/ CHART: Advantages & Disadvantages: Types of Projects . . . . . . . . . 7

chapter two: NUTS AND BOLTS ~ PRACTICAL STRATEGIES1/ BUILDING ALLIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82/ CONFLICT RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113/ SITE ACQUISITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124/ ORGANIZING CHALLENGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135/ ATTRACTING DAY LABORERS TO THE PROJECT . . . . . . . . . . . . 156/ RAISING EMPLOYMENT LEVELS . . . . . . . . . . . . . . . . . . . . . . . . . 177/ JOB DISTRIBUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198/ SUSTAINABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219/ ORDINANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

chapter three: CREATIVE SOLUTIONS ~ CASE STUDIES1/ WOODLAND HILLS, CALIFORNIA . . . . . . . . . . . . . . . . . . . . . . . . 25

Resolving day laborer controversy using the basics 2/ DENTON, TEXAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

How a community came together to resolve their day laborer controversy without government intervention

3/ SEATTLE, WASHINGTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28CASA Latina’s Day Laborer Project in Belltown

4/ GLENDALE, CALIFORNIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30An innovative collaboration between day laborers and local government helps build strong resource for the city

5/ SILVER SPRING, MARYLAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Collaboration between social service organization and government officials results in successful hiring center

chapter four: WHAT CAN GO WRONGSAN RAFAEL, CALIFORNIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Anti-immigration sentiment derails a day laborer hiring center to the detriment of the community

appendices: RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Sample materials for organizing day laborers and hiring projects,and how you can contact the people behind the project

index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

thp_Day Laborer Layout_2 1/3/01 1:38 PM Page 3

Page 5: Day Laborer Hiring Sites: Constructive Approaches to Community

~i~

This manual strives to fill a gap in policymakers’knowledge regarding the best ways to approachcomplaints concerning day laborer hiring sites. This gap

became undeniably apparent to us after responding to requestsfor assistance in different neighborhoods in Los Angeles, andcommunities beyond, both urban and suburban. In meetingafter meeting with irritated business owners, angryhomeowners, and frustrated police officials, we would discussthe all-too-familiar problems regarding day laborer hiring sites.

We saw the shortcomings of certain panaceas, such asthe passage of laws to criminalize day laborers’ efforts to gethired. Politically expedient responses, based on flawed assump-tions and without the benefit of knowing what had succeededand failed in other places, seemed to characterize many of theinitial responses of local authorities. Not only did suchresponses fail to resolve the complaints, they often exacerbatedinter-group conflict and contributed to the deterioration ofhuman relations in those communities.

We also saw the successes of other efforts. What tendedto work, and what didn’t, seemed to be consistent even indifferent locales. We believed that by sharing the lessonslearned by a wide array of individuals—from sheriff ’s captainsto activists, from presidents of homeowner groups toimmigrants’ rights lawyers and commercial propertymanagers—much of the strife in human relations in communi-ties across the country could be avoided, or lessened.

Most importantly, complaints arising from day laborer issuescould be meaningfully addressed.

Day Laborer Hiring Sites was the result of the contribu-tions and hard work of many people. First, we would like tothank all of the people who took the time to meet with us, opentheir centers to us, share their experiences, send us photos andprovide feedback and input on parts of the manual. They alsodeserve special recognition for making themselves available toreaders, who will want to avail themselves of their wisdom inthe future.

We also want to acknowledge Robert Bach and BarbaraHuie of the Immigration and Naturalization Service, whosesupport brought this manual into being; Maria Haro,Marshall Wong and Joyce Smith of the LACCHR staff, for theinnumerable ways in which they helped make this manual areality; Connie Chung, for helping us survey the day laborercenters; Charlotte Hildebrand, our editor, who gave encour-agement at the crucial moments; Jeff Tsuji, our graphicdesigner, for his talents; Pasquale Lombardo of the NationalImmigration Law Center for his assistance on the state of thelaw; Abel Valenzuela, UCLA Professor and fellow researcheron day laborers, for his valuable writing on the subject; EnricoMarcelli, who provided important economic perspective onthe issue; and others. We apologize to those we have missed inour long list of individuals who have contributed in some wayto Day Laborer Hiring Sites.

Robin S. Toma Jill Esbenshade

PREFACE

GLOSSARY OF TERMS

Depending on what part of the U.S. you are in, there are uniquely regional terms for day laborers, for the place where they awaitemployment, for the act of hiring day laborers, and for any formal hiring site created.

We set forth a glossary of such terminology as we use it in this manual, not intending to establish a definite universal language,but merely to avoid confusion for readers of this manual.

DAY LABORERS/WORKERS: Used interchangeably in this manualto refer to the subject of this manual: persons, (usually men)who offer themselves to be hired as labor for a day, or someother temporary basis. The term also refers to skilled andunskilled workers. “Laborers” is also used. In Spanish, theterms are jornaleros, esquineros, trabajadores, and obreros.

HIRING SITE/SITE: Refers to any place where day laborersgather to await employers to hire them. “Pick-up site” and“shape up” are also used in some parts of the country, thoughwe do not use it in this manual.

CORNER/STREETS: Slang terms which refer to sidewalks,unimproved lots, or some other publicly visible areas (public orprivate property) where day laborers have traditionally orspontaneously waited to be hired for jobs. Often, these cornersare near home improvement, building supply or paint stores.

PROJECT: Refers to any project addressing day laborers andcommunity controversy, whether a day labor organizing projectat a traditional corner, or a staffed or unstaffed designatedhiring center.

CENTER: Refers to a formal project with a staff on a site whichhas been specifically developed for day laborer hiring.

thp_Day Laborer Layout_2 1/3/01 1:40 PM Page 4

Page 6: Day Laborer Hiring Sites: Constructive Approaches to Community

~ii~

Day laborers have a long history in the world. Inancient Greece, part of the public marketplacewas set aside for unemployed men to gather and

be hired for day labor. In early 19th century London,construction workers would assemble at the marketplaceon a daily basis with the hope of getting hired. In NewYork City in the early 1800s, unemployed men andwomen would gather on city streets to wait for work.Although day laborers have probably existed inCalifornia since the Great Depression of the 1930s, itwasn’t until the late 1980s that a rise in urban daylaborers, along with shifts in demographics, the economyand politics, made day labor sites the contentious issuethat they are today.

This manual presents the results of the firstnational survey ever conducted of day laborer hiringprojects. Based on in-depth interviews, it endeavors todistill the collective wisdom of practitioners throughoutthe country, some with more than a decade of experi-ence, who have successfully managed communityconflicts concerning day laborers. Anyone who caresabout creating meaningful solutions to the problems thatcan arise when day laborers gather in public will beinterested in reading this manual. Our intended audienceincludes police officers, local elected officials, citymanagers, local merchants, neighborhood residents,community activists and day laborers.

In preparing this manual, we carried out exhaustiveresearch in various arenas. First, we conducted anarchival search for newspaper, magazines and journalarticles, as well as academic papers, on the subject of daylaborers in the United States. Based on our findings, wecarried out a telephone survey of 49 localities throughoutthe U.S. facing day laborer controversy, to learn how eachcommunity is coping. We then conducted site visits atten day laborer projects located in different parts of thecountry. We selected these projects as good examples ofdifferent types of approaches, as well as for theirgeographical diversity. Finally, we held focus groupmeetings with some of the most experienced practi-tioners in the field, to find out what strategies andsolutions they had devised to handle the most vexing

challenges in developing successful day laborer projects.This manual is not an in-depth study of the charac-

teristics of day laborers, nor is it a scholarly treatment oftheir history in the U.S. and their role in our market-driven economy. Rather, this manual is a user-friendlyguide for practioners, organizers and others, to learnabout some of the best practices and most creativesolutions developed in response to community contro-versy around day laborers.

We found that three basic types of solutions areemployed across the nation: 1) Setting up a day laborerhiring center, with paid staff and programs; 2) Creatinga designated day laborer hiring site with no staff; and 3)Organizing day laborers at the original site. Each optionhas benefits and pitfalls that have been experienced incommunities around the country. There is also a widerange of strategies that communities have found useful inmeeting their goal of renewed collaboration between thecommunity at large and day laborers.

This manual is divided into five chapters:1) The Basics: The basic information you should

know about the people and issues related to day laborers.2) Nuts & Bolts: The “nuts and bolts” of working

towards long-lasting solutions: A step-by-step, issue-by-issue roadmap for addressing day laborer conflicts thatmay arise in your community.

3) Creative Solutions: The impressive stories ofseveral communities that have been innovative andresourceful in effectively addressing community contro-versy around day laborers. (Woodland Hills, California;Denton, Texas; Seattle, Washington; Glendale,California; Silver Spring, Maryland)

4) What Can Go Wrong: What can happenwhen negotiations, community collaboration, policy-making and long-term planning are unsuccessful inyielding solutions. (San Rafael, California)

5) Resources: Samples of useful materialsdeveloped by different day laborer projects, a survey ofday laborer projects and ordinances in the U.S., and howto contact experienced city officials and organizers toanswer questions not covered by this manual.

Introduction

thp_Day Laborer Layout_2 1/3/01 1:41 PM Page 5

Page 7: Day Laborer Hiring Sites: Constructive Approaches to Community

~1~

1. WHO ARE THE DAY LABORERS?

“ We work hard. We’re not on welfare. We buythings here and pay taxes.”

Carlos EnsalasDay laborer from Puebla, Mexico1

“ Several times I’ve just slowed down and hadthese guys leap into my car. …They don’t alwaysuse the [portable toilets]. On warm days the streetreeks of urine. I’ve talked to them about it, andthey’ll try it for a while. But it never lasts long.”

Caroline GeiseArchitect and building ownerSeattle, Washington2

“ All the bad things they claim we do may becommitted by 1% of the workers—that’s all.”

Jose SorrienoDay laborer from Chihuahua, Mexico3

“ They tend to scare customers away simply becausethey are a large gathering of men.”

John FontanaCo-owner of a bowling centerSilver Spring, Maryland4

By “day laborers,” we are referring to people, usuallymen, who gather on sidewalks, parking lots, nearbuilding supply stores, or wherever they can be visible

to potential employers, waiting to get hired for short-termjobs, whether it be cleaning a yard, moving heavy furniture,putting on a new roof, or painting a room.

Since the 1980s, Americans have seen a rapid rise in thenumber of day laborers in both urban and suburbancommunities. The recession of the late ‘80s and early ‘90sincreased the numbers of people forced to the street corners

to obtain work in urban areas. Economic restructuring inmany service sector industries, such as fast food and janito-rial, caused chronic under-employment. Economic disloca-tion in Mexico, as well as civil wars in Central America,forced people to flee to the U.S. where they had little orno family or social ties.

California, and particularly Southern California,leads the U.S. in the number of day laborer hiring sites.But the phenomenon has emerged throughout thecountry. Cities, both large and small, in Texas,Washington, Oregon, Nevada, Florida, New York,Georgia and Maryland are experiencing a growth in daylaborer hiring sites.*

There are few studies about day laborers. However,recent research provides us some insight to the world ofday laborers.

Work Skills: Day laborers have skills in a variety oftrades: cooking, baking, masonry, welding, roofing,electricity, and car repair. In a UCLA survey of southern

The BasicsC H A P T E R O N E

In a scene repeated hundreds of times across the country daily,day laborers approach potential employer in Seattle.

* Although we were unable to contact any project in Oregon, Georgia and Florida, we obtained information such as through our news articlewhich showed that Portland (Oregon) has experienced a growth in day laborers and organizing, Atlanta (Georgia) has several day laborer sites,and Dade County (Florida) recently passed a ban on day laborer work solicitation ordinance that met an ACLU legal challenge.

thp_Day Laborer Layout_2 1/3/01 1:50 PM Page 6

Page 8: Day Laborer Hiring Sites: Constructive Approaches to Community

California day laborers, the greatest percentage ofworkers had skills in construction (39.2%), painting(29.4%), plumbing (15.8%), and carpentry (14%). [AbelValenzuela, Jr., “Preliminary Findings from the Day Labor Survey,”Center for the Study of Urban Poverty, UCLA School of PublicPolicy, 1999.] In general, they are hired for jobs demandinghard, physical labor.

Ethnicity/Gender: Our national survey indicatesthat the overwhelming numbers of day laborers areLatino men. This is consistent with the UCLA studyshowing that 97% of day laborers in Los Angeles andOrange Counties are Latino immigrant men.

However, our survey indicates that day laborerprojects, compared to sites, have a greater ethnic andgender diversity. Compared to 3% of day laborers at LosAngeles region hiring sites being non-Latinoimmigrants, 77% of the projects we surveyed nationallyhave 15% or more day laborers of non-Latino ethnicity.For example, Atlanta (Georgia) has sites which arecomprised entirely of day laborers of African ancestry;Costa Mesa’s day laborer project (in the L.A. region)serves day laborers of whom 7% are Black and 7% arewhite; San Diego’s day laborer project serves 25% Blackand 25% white workers; San Francisco’s serves 11%Black, 12% white; Dallas’ serves 70% Black day laborers;Dana Point’s has 10% white and 10% Asian PacificIslander day laborers. Also, many organized sites usedifferent approaches to include women, foster a saferatmosphere and develop specially tailored programs forwomen, including direct participation in decisionmaking,separate waiting areas, and phone banks.

Wage Rates: Our interviews at project sites foundthat day laborers are generally paid an hourly rate at leastequal to the federal minimum wage of $5.15/hr. Butoften, day laborers, especially if they are well organized ata corner or hiring site, can and do receive more. Forexample, day workers at the job center in Glendale,California, receive $6 per hour minimum, and up. Thesouthern California regional average is $6.91 per hour.

However, day laborers can rarely obtain full-timeemployment throughout the year. Moreover, day laborersare also frequently not paid or underpaid for their work.(See next section’s discussion.) As a result, their income ,which ranges widely from $341 to $1,069 per monthduring the year (according to the UCLA survey), is at orbelow poverty levels.

2. COMMUNITY CONTROVERSYAND CONFLICT

A large group of men, mostly Latino, gather on a stretch ofpublic sidewalk or land, waiting for a chance to work.Desperate to be hired, the men rush approaching vehicles, inhope of attracting potential employers, but more often thannot, end up unintentionally intimidating drivers. Bored withwaiting, the men “cat-call” or make rude remarks to womenpassing by. Because the sidewalk or corner where they meetusually lacks trash cans or restroom facilities, the day laborerslitter and use the side of the road to urinate, resulting in apublic nuisance.

All of this generates complaints to police, local govern-ment, the INS, and to property owners where day laborersgather. Often police respond by trying to get the workers toleave. But the day laborers cannot simply walk away. Theirneed to work to buy food, pay rent—in short, their survival—is at stake. They also know that employers will continue tocome because they want their labor.

This scenario of day laborers—men vying for a day’swork—repeats itself in communities throughout thecountry.

As the number of sites where day laborers gather andwait for employers to arrive has increased, so too haveconflicts with nearby business owners and residents. Onereason for the growth in day laborer sites is the surge inimmigration from Latin America over the last twodecades. This is due in part to the removal of discrimina-tory barriers against Latin Americans and Asians infederal immigration policy in the 1960s, and otherchanges in immigration law since then. Also, wars inCentral America and economic crisis in Mexico in the‘70s and ‘80s brought about a rise of undocumentednewcomers from south of the border.

Added to the conflict is the explosion of anti-immigrant sentiment in California and other states, asevidenced by the passage of initatives seeking todismantle bilingual education and deny social services toundocumented workers and their children.

The high visibility of day laborers, which is necessaryfor employers to find them, has contributed to thecontroversy. It is often assumed that day laborers are“illegal immigrants” because they fit a popular stereo-type—poor, male and Latino. In reality, the percentageof day laborers who are undocumented immigrants canvary significantly. [See discussion in separate section onpage 3.] Moreover, even though a significant percentageof undocumented immigrants are Canadians andEuropeans,5 in the past decade the public debate hasfocused primarily on the southern border and Latin

~2~

C H A P T E R O N E

thp_Day Laborer Layout_2 1/3/01 1:50 PM Page 7

Page 9: Day Laborer Hiring Sites: Constructive Approaches to Community

~3~

T H E B A S I C S

In most places where there are day laborers,the general public perception is that all, ornearly all, of the day laborers are “illegal

immigrants” or “undocumented immigrants.” Itis believed, in other words, that they lack thelegal documents that authorize them to work inthe U.S. Consequently, the INS frequentlyreceives calls from politicians, businesses andresidents to arrest and deport day laborers.

While no one knows the exact percentageof day laborers in the U.S. who are actuallyundocumented, the limited research shows thata significant number of them lack legalimmigration documents.

We know, however, that not all day laborersare “illegal immigrants.” In fact, the actualpercentage of day laborers who are “undocu-mented” varies significantly, depending on thehiring site and the region of the U.S. Forexample, the federal judge in the Encinitas(California) case found that approximately 50%of local day laborers were legal immigrants. Incontrast, a poll at a North Hollywood sitedetermined that 76% of day laborers surveyedlacked legal immigration documents.1 InAtlanta’s all black day laborer hiring sites, it isdoubtful that any are “illegal immigrants.” In

Glendale, California, police officer Ron Gillmansaid, “When I first heard that [two studies byL.A. City and Glendale showing that 75% ormore are legal residents with work papers], Ididn’t buy it. But once I started interviewing thelaborers as we started researching the issue, Idiscovered that many of them speak English.Many of them were laid off from constructioncompanies or other jobs, and a lot of them havetheir green cards. They’re just trying to get by.”2

In our survey, we learned of no situation inthe country where INS arrests have resulted inthe elimination of a day laborer site. Nor havesuch arrests been an effective solution to thevast majority of the community complaints andcontroversy regarding the hiring sites. Thismakes sense when one considers that there isalways some percentage of day laborers at anyparticular site who have the legal right to workin the U.S. The primary effect of INS actions hasbeen to reduce the number of day laborers for ashort period of time only. Confronted with thereality that the INS cannot make day laborersdisappear altogether, local residents andbusiness owners often end up exploring the lessfacile, more meaningful solutions presented inthis manual.

“Aren’t Day Laborers

‘Illegal Immigrants’?”

1 María Cardona and Fabiola Vilchez, “The Day Laborer Issue in Los Angeles: Regulated vs. Unregulated Sites,”UCLA Urban Planning Department, 1997, p.24.

2 Steve Ryfle, “2-pronged Plan for Street-Side Job Seekers,” Los Angeles Times, September 13, 1996.

thp_Day Laborer Layout_2 1/3/01 1:50 PM Page 8

Page 10: Day Laborer Hiring Sites: Constructive Approaches to Community

American immigrants, mostly Mexicans and CentralAmericans. Add to this differences of class, ethnicity andlanguage—all during an acrimonious public debate overimmigration policy—and it is no wonder that the siteswhere day laborers congregate have been focal points ofcommunity conflict.

Day laborers have complaints as well. They chargethat they are frequently harassed by police, passersby, andaggressive private security guards.6 Day laborers alsoreport a range of employer abuses. Valenzuela’s study ofLos Angeles area day laborers revealed that 48% had beendenied payment for their work, 52% had been paid lessthan promised, 33% had been abandoned at the worksite,and 20% were subjected to violence by the employer.7

Another contributing factor to conflict, which wediscuss in the next section, relates to the different,competing uses of public spaces, especially during an erawhen privatization and increasing restrictions on activi-ties has reduced public space available for the homeless,the poor, youth, and other “undesirable” sectors of thepopulation.

3. STRAIGHTFORWARD SOLUTIONS

Undeniably, there are real social problems arising fromday laborers’ use of public spaces for job-seeking, nodifferent than those of street performers. Sidewalkmusicians, jugglers or magicians are frequently targets ofcomplaints that they impede walkways and compete forspace with food vendors. In those cases, the solution isoften straightforward: local authorities establish rulesthat require street performers to stay within certain areasto ensure adequate space for pedestrians, mobile foodcarts, or emergency vehicles to pass.

Day laborer hiring sites are no exception. When thehiring site is on a public sidewalk, pedestrians may beannoyed because they have to navigate through a groupof day laborers. When the site is in part of a homeimprovement store parking lot, employers may stop theircars in the middle of the driveway entrance while they arenegotiating with workers, inadvertently blocking thedriveway. As with street performers there are practicalsolutions for controversies involving day laborers. Forexample, the workers can restrict themselves to occupyingcertain areas to avoid blocking sidewalks and driveways.

Despite the existence of straightforward solutions,complaints and conflicts involving day laborers seemintractable, more often than not, because of mispercep-tions and assumptions. For instance, a motorist whodrives by a day laborer hiring site may see a large groupof men on the sidewalk without knowing why they arethere, and assume they are loitering. If a few of the men

are drinking beer, they may assume that most, if not all,of the men are vagrants or involved in illegal activity.When such complaints multiply, local authorities mayview the entire gathering of day laborers as the problem.Rather than target those individuals who are engaged inthe illegal conduct, police often attempt to force all theday laborers to leave the area.

At the heart of community controversy and conflict,it is critical to distinguish among “real” and “perceived”social problems. Real problems at day laborer sites—likelittering or blocking driveways—can be effectivelyaddressed, as discussed below. But problems that arebased on perception, not reality, require a differentapproach—changing perceptions through education andpromoting mutual understanding. Very often, powerimbalances must be addressed as well to force all partiesto confront the real issues at stake.

In our survey of day laborer hiring sites around thecountry, we found a great deal of similarity among thetypes of complaints most commonly voiced. Below, weidentify the most common problems and complaints,explain why they are common to many sites, and whatbasic steps can be taken to effectively resolve them.

As you will see in the following chart, a few simplegoals are powerful in settling most kinds of disputes:1) establishing clear communication and cooperationbetween day laborers, businesses, police and publicofficials; 2) ensuring respect for the rights of all partiesinvolved, including those of the day laborers; and 3)organizing day laborers to understand the complaints andits impact on their relationship with the largercommunity, which results in day laborers exercising peerpressure to follow agreed-upon rules to minimize conflictwith other stakeholders, and to protect their relationshipwith the community and hence their ability to look forwork. In particular, creating positive relations betweenpolice and day laborers is essential to the success ofprojects. Ultimately, communication leads to coopera-tion, that in turn permits developing relationships thatfoster mutual respect and increased trust, which are thebases of healthy multi-cultural communities.

Types of Day Laborer ProjectsAfter we surveyed projects which have been organized toaddress day laborer controversy, we have categorizedthem into three types

1) “Organized Site” is a project at the original daylaborer gathering site, where an organizer has been sentto help negotiate an agreement between the laborers andthe property owners, residents, local government andpolice. An example of this is Woodland Hills, California,featured in Chapter 3.

~4~

C H A P T E R O N E

thp_Day Laborer Layout_2 1/3/01 1:50 PM Page 9

Page 11: Day Laborer Hiring Sites: Constructive Approaches to Community

SEXUAL HARASSMENT: Women who pass nearby daylaborer sites have complained of “cat-calling,” whistling, orrude remarks by day laborers. Many day laborers come fromsocieties where such sexual harassment is more accepted, andare unaware of how offensive such behavior is in the U.S.

SOLUTION: As with littering, educating day laborers need to be educated that such behavior is unacceptable. Onprivate property, workers who persist in such conduct can be removed by the owner via private security guards andpolice assistance. On public property, it is more problematic how to punish offensive conduct which is notcriminal. At minimum, day laborers ought to apply peerpressure against such conduct which damages relations withthe local community.

~5~

T H E B A S I C S

TRAFFIC HAZARDS: When day laborers step into thestreets to approach an employer, the employer may slow,stop, or park the vehicle in a manner which causes an unsafesituation. Although in certain localities this complaint hasbeen overstated in order to justify anti-day laborerordinances, hiring sites may pose a potential traffic hazard,depending on their location.

SOLUTION: Ticketing the drivers during a focused period of time can deter employers from stopping there. But themore effective solution is to give day laborers and employersan alternative to the situation that eliminates the hazard, forexample, designating an area inside a parking area or otherlot, or create a hiring site elsewhere.

TRESPASSING: Day laborers who are waiting to be pickedup by employers in a privately-owned store parking lotwithout permission from the property owner may be accusedof trespassing.

SOLUTION: In some states, owners have the right to ejectday laborers. In other states, such as California, owners may be required to designate an area for day laborers tocommunicate their availability for work. Developing aninformal agreement between property owner and daylaborers to stay within a certain area of the parking lot hasproved a workable solution at some sites.

PUBLIC URINATION: These complaints arise from the factthat day laborers often lack access to any nearby toilet facili-ties. Frequently, businesses nearby the hiring site legitimatelyreserve them for patrons only. Some businesses haveselectively denied restroom access, and even service, to daylaborers (or anyone perceived to be a day laborer) todiscourage them from gathering near their business.1

SOLUTION: Gain agreement to permit day laborer access to use the restrooms of a nearby establishment, or placenearby a portable toilet(s), which are fairly low cost.

1A fast food restaurant was sued for this reason in Agoura Hills,California. See Xiloj-Itzep vs. City of Agoura Hills. The restaurant,part of a nationally known chain, settled the suit out of court.

DRINKING OR GAMBLING: A minority of day laborersdrink alcohol, gamble, or use day labor sites for other illicitactivities. This tarnishes the general image of the workers.

SOLUTION: When organized, day laborers can be effectiveat using peer pressure to discourage illegal behavior.Private security or police can be used as a back-up to remove known trouble-makers.

LITTERING: Often there are no trash cans located near thesite. Also, day laborers often come from societies withdifferent customs and attitudes about littering. They areoften unaware of the degree of anger caused by littering.

SOLUTION: Provide trash receptacles at the site, andeducational campaigns about laws here against littering are effective (some flyers are included in the Resourcessection of this manual).

BLOCKING DRIVEWAYS OR PARKING LOTAREAS: In their eagerness to get hired, day laborers mayapproach vehicles entering a driveway or parking lot, andthe stopped vehicle blocks the flow of traffic.

SOLUTION: Establish a clearly defined area—either in theparking lot or along a public roadway—of adequate size and location for day laborers and employers to meet, andadvertise it well by posting signs so employers will know togo to the area. A well-organized group of day laborers canbe effective at self-policing, i.e., using peer pressure todiscourage men from approaching potential employersoutside the designated area. Also, there should be securityguards and police trained to remove day laborers who areresistant to staying within a designated area.

The complaints listed below tend to result from the actual mismatching of the useof a place with the place’s facilities, or a problem such as public drinking done by a minorityof day laborers but resulting in blame upon the entire day laborer gathering for it.

thp_Day Laborer Layout_2 1/3/01 1:50 PM Page 10

Page 12: Day Laborer Hiring Sites: Constructive Approaches to Community

~6~

C H A P T E R O N E

INCREASE IN CRIME: A less frequently heardcomplaint is that day laborer hiring sites increase crimein the area. This is likely tied to the fear that a groupingof poor Latino workers have motive (need for financialgain) and opportunity to commit crimes. The authors areunaware of any case where such an allegation has beensupported by crime statistics. In fact, the opposite hasbeen reported by police. Some report that the steadypresence of day laborers in a parking lot has served todeter would-be car thieves and other criminals.

SOLUTION: Efforts to promote better communicationand relationships between law enforcement and daylaborers results in improved anti-crime efforts. Somepolice agencies have assigned Spanish-speaking officersto regularly meet with day laborers to avoid misunder-standings and create positive relationships. Also, creatingopportunities for the entire community to get to knowday laborers, either through public education efforts orinclusion of laborers in community activities, helpsreduce fear and prejudice.

UNSIGHTLINESS: Rarer than most, this complaint issimply that the day laborer hiring site is a visual blight, “aneyesore,” or “unsightly.” While there is nothing wrong incaring about the appearance of one’s neighborhood, oftenunderlying this complaint is that a visible gathering of poorLatino workers does not fit with their image of theircommunity, in terms of socio-economic class and ethnicity.

SOLUTION: This is a difficult complaint to address on itsown, since the only solution can be to remove day laborersfrom sight, which is both counter to their need to be visibleto potential employers, and has serious human relations andconstitutional implications.

INTIMIDATION OF CUSTOMERS / REDUCTIONIN BUSINESS: Businesses have claimed that the gatheringof day laborers has discouraged or intimidated customers.There are two types of complaints: one is based on the daylaborers’ behavior; the second is based on their merepresence. When day laborers eager to get hired rush ingroups towards their cars entering the lot, many drivers areintimidated, especially those not intending to hire daylaborers and are unaware of their purpose. Others customershave complained to businesses that they are fearful ofworkers in the parking lot. Such complaints are often basedon negative stereotypes and ignorance of the reason why theyare gathered there.

SOLUTION: When day laborers are organized and educatednot to approach cars in driveways or which do not drivetowards them, customer complaints decline. Carrying outsome human relations efforts with business patrons, such aseducating them about the purpose of day laborers gatheringthere can help reduce anxiety and helping them to know thestories of why day laborers are there. It also helps to organizethe hiring activity in a location visible to potential employers,but unobtrusive to patrons.

The complaints listed next involve problems resulting from misperceptions andnegative stereotypes about day laborers, which requires more human relations work thanpractical problemsolving.

LOWERING PROPERTY VALUES: When a daylaborer site is close to a residential neighborhood or anarea in process of “gentrification,” homeowners ordevelopers complain that negative perceptions about a daylaborer site reduces the value of the property. Overlooked isthe fact that day laborers are often hired by contractors andhomeowners to do home improvement projects and yardmaintenance, all which keep a neighborhood attractive andhome values strong.

SOLUTION: At a traditional hiring site on the sidewalkor at a parking lot, organizing day laborers andestablishing an informal agreement with rules of conductoften has resulted in a more neat and orderly presence ofday laborers which has effectively addressed thisconcern. Of course, establishing a formal hiring centerwould address this concern.

thp_Day Laborer Layout_2 1/3/01 1:53 PM Page 11

Page 13: Day Laborer Hiring Sites: Constructive Approaches to Community

~7~

T H E B A S I C S

2) “Unstaffed Site” is a project in which day laborershave been moved from their original location to anothersite designated specifically for hiring activity. The absenceof staff means that the day laborers continue to have aninformal means of determining who gets hired when anemployer arrives. An example of this is Denton, Texas,featured in Chapter 3.

3) “Staffed Site” refers to a project which has thegreatest degree of formal organization and resourcesdevoted to regulating day laborer hiring. The majority ofday laborer projects are of this type. Examples of this areSilver Spring, Maryland, and Glendale, California,highlighted in Chapter 3.

The chart below summarizes the advantages anddisadvantages of each type of day laborer project.

Ordinances and Constitutional RightsIn response to complaints by residents and businesses,many cities have enacted ordinances that ban day laborersfrom offering themselves for employment on city streets.Some laws impose total bans anywhere on publicsidewalks or streets in the entire city or jurisdiction, whileother laws restrict it to certain areas of the city. All ofthem criminalize the day laborer’s search for work.

We discuss in greater detail the “pros” and “cons” ofsuch ordinances in the “Nuts and Bolts” section.However, our survey found that these attempts to makethe day laborers less visible or invisible have met withmixed results. Our survey revealed that 63% of the 49cities surveyed had enacted an ordinance restricting daylaborer activity. In response to the question of whether

the ordinance has resolved the complaints that gaveimpetus to the ordinance, 43% said “yes,” 14% said “no,”and 43% said “somewhat.”

Ordinances alone are rarely effective in resolvingday laborer controversy and have faced legal challenges.For example, the Cities of of Encinitas, Costa Mesa,Agoura Hills, and the County of Los Angeles8 have all been sued for violating free speech and other constitu-tionally protected rights in enacting and enforcingordinances. Plaintiffs charge such laws target daylaborers’ expression of availability for work. The govern-ment defense is that such laws are a legitimate exercise ofa city’s power over public health and welfare, and do notdiscriminate. Given the possible consequences of such alaw, it should be an option considered most carefully.

TYPE ADVANTAGES DISADVANTAGES RESOURCES REQUIREDORGANIZING AT No need to find new site May not eliminate complaints Organizing and conflictORIGINAL CORNER Emphasizes protection Workers may still be vulnerable resolution skills

of workers’ civil rights to abuse by employers and hostility Staff Time • Trash Cansfrom surrounding community Available toilets (in nearby

businesses or Porta-potties)

UNSTAFFED Can accomplish with Job distribution can be disorderly Available site• Trash CansDESIGNATED SITE limited budget (rushing towards potential employers) Porta-potties

May reduce complaints without staff • Employer abuses more Drinking Waterlikely without staff oversight

STAFFED Ensures more orderly job Most costly Significant BudgetDESIGNATED SITE distribution system Available Property

Potential for providing Available office/trailer spacemyriad of services Full-time staff

Likely to reduce complaints

TYPES OF PROJECTS: Advantages & Disadvantages

1 Greg Sandoval, “Many Doubt Law Targeting Day Laborers Will Work,” Los Angeles Times, March 10, 1997.2 Gordy Holt, “Gentrification will wipe out old city’s curbside hiring hall,” Seattle Post-Intelligence, September 1977.3 Greg Sandoval, “No Citations Issued as Enforcement of Day Laborer Law Begins,” Los Angeles Times, March 15, 1997.4 Louis Aguilar, “Outreach Runs Into Neighborhood Outrage: Montgomery’s Efforts to Help Day Laborers Cause Resentment,”

Washington Post, January 23, 1994, Page A1.5 Richard Simon, “Half of Undocumented Immigrants in U.S. Not From Latin America,” Los Angeles Times, November 25, 1993.6 For a detailed example, see lawsuit complaint in Juan Xiloj-Itzep et al. vs. City of Agoura Hills, L.A. Superior Court, Case No. LC011284

(Filed September 18, 1991).7 Valenzuela, Table 13, p. 15.8 The relevant sections of the L.A. County Ordinance (No. 94-0043) were struck down by a federal court, holding it was unconstitutional

in violation of the First and Fourteenth Amendments. See Coalition for Humane Immigration Rights of Los Angeles (CHIRLA, et al., v.Yvonne Brathwaite Burke, et al., U.S. District Court, Central District of California, Case No;. CV 98-4863-GHK (CTx) (Decision enteredSeptember 13, 2000); plaintiff ’s attorney: Thomas A. Saenz of MALDEF.]

thp_Day Laborer Layout_2 1/3/01 1:53 PM Page 12

Page 14: Day Laborer Hiring Sites: Constructive Approaches to Community

~8~

The following chapter will provide the reader withconcrete strategies on how to deal with a number ofthe most important aspects of handling day labor

controversies in your community. This information wasderived over a period of several months from the experi-ence of many practitioners who generously shared theirideas in interviews and focus group sessions.

“Nuts and Bolts” was designed as an issue-orientedguide in order to allow the reader to refer to a particularissue without having to necessarily read the entiremanual. The text is divided into nine sections, each ofwhich provides successful strategies practioners havefound, and obstacles they have faced. Depending on thetype of project your community is contemplating,sections may or may not be pertinent. For instance,conflict resolution is important in all situations, but jobdistribution is most relevant to staffed sites. We haveorganized the sections in the order that readers mightconfront the issues, but of course, this will varydepending on the situation in your community.

We begin with Building Alliances which webelieve to be a necessary first-step; we then move on toConflict Resolution which is another strategy werecommend as a precursor to the establishment of anypermanent solution.

Site Acquisition is the next step for thoseplanning a newly designated hiring site, be it staffed orunstaffed. Once a new site is found, it is crucial that everyeffort be put into organizing the day laborers in supportof the move. For those who are trying solutions at theoriginal corner, Day Labor Organizing will be at theheart of your work.

If an alternative location is being established, thoseworking on the project must consider how to attract bothday laborers and employers to the new site. These issuesare dealt with in the following areas: Attracting DayLaborers to the Project, and Raising EmploymentLevels. As most of those working in the field havefound, these tasks are interconnected; they are also oftenseen as a measure of the success of the project. JobDistribution, which follows, is a more technical area but

a crucial one, since getting a job is the bottom line for allworkers. The experiences of other centers can help practi-tioners avoid conflict and dissension over this issue,which has the potential for arising in any given daylaborer site.

Finally, in the last section, Ordinances and Lawsdeals with the pros and cons of anti-solicitationordinances. Some local governments have enacted newlaws that vary in form, but in essence criminalize the actof standing on the sidewalk and “soliciting employment.”For the sake of brevity, we refer to these laws as “anti-solicitation ordinances.” While some centers, and someday laborers, support such ordinances, our experienceshows that all too often such ordinances are costly toenforce (and defend against legal challenges), are ineffec-tive and can trample upon workers’ constitutional rights.

SECT ION ONE:

Building AlliancesSTRATEGIES:

1.1. ASSESS SUPPORT AND OPPOSITION: Alwaysstart by assessing where your support already lies or whereyour natural allies might be. Begin to solidify this supportthrough meetings in which you educate your allies aboutyour proposal and solicit their endorsement. Once youhave a strong base of support, you can move on toconvincing your opposition.

1.2. ADDRESS OPPOSITION CONCERNS: It isimportant to acknowledge conflicts of interest that mayarise when large numbers of unorganized laborers gatherat a street corner. For instance, there are sometimesproblems with litter, urination or workers crowdingaround cars. These concerns can be addressed directly byrecognizing that the needs of day laborers can comple-

Nuts & BoltsC H A P T E R T W O

thp_Day Laborer Layout_2 1/3/01 1:53 PM Page 13

Page 15: Day Laborer Hiring Sites: Constructive Approaches to Community

ment the needs of business and community. Oncerecognized, an organized center or corner can set rules,thus alleviating many of the problems often found withunorganized situations. For example, at one HomeDepot, the situation for both the workers and the storemanagers improved when workers were designated aspecific area of the parking lot, given trashcans, benchesand port-a-potties. Workers no longer approached carsintimidating customers. The workers themselves werehappy to have a designated area where employers couldeasily find them, which addressed their physical needs,and provided them a feeling of safety.

1.3. NETWORK WITH OTHER COMMUNITIES: It isimportant to bring supporters—business owners,residents, and police—from other areas where day laborsites exist, so that they can give their testimony and shareexperiences about how their own community projectaddresses their concerns. Site organizers can also visitalready existing sites to learn from their experiences, andcan bring others to established sites to help convincethem of the efficacy of another’s approach.

1.4. FOCUS ON POLICE: Most day labor projectstaff agree that the support of the police is key, not onlyin creating a successful project but in getting the projectapproved in the first place. Police are often the ones whoare most interested in finding a solution because they

receive complaints about the corner. Many police depart-ments would rather spend their time addressing seriouscrime than monitoring the corners. Not only are thepolice stakeholders in this issue, but their support can

have a lot of influence with local residents and businessowners. Police support can also give workers moreconfidence.

1.5. COMMUNITY MEETINGS: It is, of course, vitalto secure the support of the surrounding community.This is best accomplished once other stakeholders arewilling to come to a community meeting and explaintheir support of the project. Business owners and otherlocal residents will be able to express their concerns andat the same time be afforded an opportunity to betterunderstand the plight of the day laborers.

1.6. COMMUNITY ACTIVITIES: It is also useful forthe day laborers to demonstrate that they are a positiveasset to the community by participating in a variety ofcivic activities. For example, day laborers can initiate alocal “clean-up day” to improve a neighborhood’s appear-ance and invite others to participate. This is a chance tomake positive connections with other stakeholders.

1.7. LOCAL POLITICIANS It is important to get thesupport of local City or County Council members.Rather than presenting a proposal to the whole council,begin by meeting with individual members. It is best tobring supporters from each Council member’s district tosuch meetings. Those who represent a constituency, suchas leaders from religious, civil rights, business andhomeowners organizations, as well as law enforcementofficials, can be important participants in your project.

1.8. PUBLIC/MEDIA RELATIONS STRATEGY: It isimportant to change the public image and communityperception of day laborers through positive mediacoverage. It is often useful to guide reporters towardscommunity authorities who are supportive of daylaborers, for instance, local police spokespersons or politi-cians. Op-ed pieces in the local papers by respectedcommunity members shedding light on the day laborerscan also be useful. Arrange presentations at localchurches, homeowners associations, etc. to defusenegative assumptions. Distribute photocopies of positivearticles at such presentations.

Obstacles:1.9. MYTHS AND MISCONCEPTIONS: Much of the

opposition to day laborer projects is driven by fears that aday laborer project in the neighborhood will lead to risingcrime and deteriorating property values (among otherproblems). Examples from other projects, as well aspractitioners who can share their experiences, will helpdispel these myths. Misconceptions about who day

~9~

“Both the police and INS have surprisingly beenour strongest allies in Seattle. They have bothemphasized that purely an enforcement solutionwill not work. They do not have the capability toraid the area enough to permanently eliminateactivity. They also prefer to spend their resources onfighting crime and deporting criminal aliens.Neither the police nor INS consider the solicitationof labor to be a criminal activity. They told us thatthey will support any solution that the communitycomes up with and will help make it work.”

Hilary SternCASA LATINA

thp_Day Laborer Layout_2 1/3/01 1:53 PM Page 14

Page 16: Day Laborer Hiring Sites: Constructive Approaches to Community

~10~

C H A P T E R T W O

laborers are—mostly men looking for an honest day’swork—can be corrected with hard data from your policedepartment, face-to-face meetings, flyers and brochuresdistributed door-to-door, conflict resolution and positivemedia coverage.

1.10. RACIAL OR CLASS PREJUDICE: It should beexpected that what frequently underlies opposition to daylaborers is discomfort, fear or animosity because theyappear to be “foreign,” of a different racial/ethnic groupand/or poor. Moreover, business and homeowners oftenfeel their property values and community standards andimage are threatened by large groups of “poor” and“foreign” men congregating in the area. Hostility togatherings of day laborers based on perceptions of theirclass status may exist even where the workers andsurrounding community share the same ethnicbackground. Critical to overcoming hostilities is takingsteps to help the opposition, and the community at large,realize and recognize day laborers as human beings—men seeking ways to earn an honest living, and sharingmany of the same values as those in the community.

1.11. ANTI-IMMIGRANT GROUPS: Some of theopposition to the day laborers in most situations will bedriven by anti-immigrant sentiments. Much of the anti-immigrant rhetoric is based on stereotyping and fear. Thereality is that many day laborers have the legal right toremain in the country. In light of this fact, bringing in theINS is not the most effective solution and often damagestrust and cooperative efforts between day laborers andnearby business people, customers and residents. Byfocusing on the issue as a local community problem to besolved among the various stakeholders, one can try toidentify individuals who believe the only solution is thecomplete removal of the day laborers from the area. Thisis important since such individuals can undermine apositive solution, as happened in San Rafael, California(see Chapter Four).

1.12. UNION OPPOSITION: Because day laborers

are seen as a cheap alternative to unionized labor,especially in the construction industry, in some instances,unions have taken a negative stance toward day laborprojects. It is a good idea to try to meet with local unions,

accompanied by sympathetic unionists if possible, toexplain the intent of the program beforehand. In anorganized project, day laborers often agree on a minimumwage of $7 or more, insist on safe working conditions andrefuse to replace striking workers. It is therefore better forunion members if workers are in a center rather than outon the street, where they often accept minimum wage orless, and may accept any working conditions. Somecenters are working directly with unions to gain trainingfor the day laborers. The centers can, in fact, act asfeeders to unions who are open to organizing withinthese ranks. One day laborer advocacy group, CHIRLA,is organizing day laborers at many sites within oneregion, into one association.

“In several areas the police have publicly refutedthe accusation that day laborer sites are linked to arise in crime. For example, a spokesperson for theLos Angeles Sheriffs Department told the LosAngeles Times that crime in Ladera Heights hadactually decreased in the previous two years, thetime period that corresponded to the increase inthe day labor population there. In Mountain View,California, the Police Chief also told reporters thatday laborers were not involved in crime. HilaryStern describes how this myth was dispelled in herarea, “The day laborer situation was initiallydescribed by community members as a publicsafety issue. However, the Seattle Police did ananalysis of police reports of criminal activity in thearea over the past several months and found thatthe blocks where the laborers gathered generatedfewer calls than surrounding blocks.”

“Initial conversations between businesses and Seattle’s CASA Latina focused on the undocumented status of manyworkers and the “illegality” of their activity. Businesses also talked about the goal of “cleaning up the area,” usingthe phrase both for litter and for poor people. After the laborers became involved in the conversations withbusinesses, the business owners became more respectful and supportive of their right to work. They also becamemore aware of the reality of the situation and were better able to evaluate possible solutions, knowing why thelaborers gathered at that particular site and how they were accustomed to finding work.”

Hilary SternCASA LATINA

thp_Day Laborer Layout_2 1/3/01 1:53 PM Page 15

Page 17: Day Laborer Hiring Sites: Constructive Approaches to Community

SECT ION TWO

Community Conflict ResolutionSTRATEGIES:

Some day laborer advocates have found that it is useful touse a mediation or conflict resolution process to resolvetensions in a given neighborhood. Such processes,whether formal or informal, usually involve a neutralthird party who can work with each side to define theirconcerns and develop common solutions.

2.1. LEARN SKILLS BEFOREHAND: It is advisable toarrange for training for day laborers on conflict resolutionskills, leadership, negotiation, and public speaking beforeentering into conflict resolution meetings. CHIRLA,listed under Contact Organizations in the back of thismanual, is compiling a day laborer training manual.

2.2. BALANCE POWER: Because day laborers areoften less powerful or influential members of acommunity they are at an immediate disadvantage in amediation session. This can be addressed by making surethe meeting is fairly managed and by bringing supportiveallies to the meeting who have credibility with theopposition as well—lawyers, police, local politicians, localcommunity leaders, and civil and human rightsadvocates, to name a few.

2.3. NEGOTIATE: It is wise to understand theopposition’s concerns and desires ahead of time and to beable to address these and offer compromises. Forinstance, there are often concerns around public urinationand littering which can be solved with provision of the

proper amenities. Day laborers may want to discuss howto voluntarily restrict their activity to certain areas toavoid blocking driveways or causing traffic problems.

2.4. USE IN MEETINGS AND ON THE CORNER:Conflict resolution skills are not only helpful incommunity meetings and forums but also in everydaysituations which arise on the corner or at a site. A lot ofsituations can be defused with communication anddiplomacy. Also day laborers who are trained in suchtechniques are treated with more respect.

Obstacles:

2.5. LANGUAGE BARRIERS: It is vital that full andcompetent translation be provided for everyone.Mediation is impossible without clear communication.

2.6. PARTIES NOT ACTING IN GOOD FAITH: It isimportant that a follow-up process be planned as part ofany conflict resolution effort. Deeper resentment may befostered by false promises and insincere efforts. Allparties should be held accountable to the agreementsmade; for example, accountability can be checkedthrough regular follow-up meetings to monitor allparties’ implementation and compliance withagreements.

2.7. EQUAL OPPORTUNITY TO PARTICIPATE: Donot allow any community meetings to be dominated orundermined by one or two individuals. From the start, setground rules which call on everyone to be respectful, banreferences to race and limit participants’ speaking time.

~11~

N U T S & B O LT S

CHIRLA, which has the most developed conflict resolution models, suggests the following:

“The first meeting should be held with the residents, business owners, police and other community members to assesstheir concerns and complaints about the day laborers. The second meeting should be with the day laborers themselves.The third meeting should be a dialogue between the residents and the day laborers. Between the second and thirdmeeting, the community group working with the day laborers should have taken some clear positive steps, cleaningup, eliminating any illicit activity, etc., which can show the community members an example of the benefits of a collab-orative project.”

Victor NarroORGANIZER

thp_Day Laborer Layout_2 1/3/01 1:54 PM Page 16

Page 18: Day Laborer Hiring Sites: Constructive Approaches to Community

~12~

C H A P T E R T W O

SECT ION THREE

Site AcquisitionSTRATEGIES/PRIORITIES

3.1. SUCCESSFUL LOCATION: Choose a site whichis as near to the original hiring site as possible. Bothemployers and workers will then be more likely to use thesite. If it cannot be near or at the original site, it shouldbe at least visible and on a main thoroughfare. Considerlocations near potential employers such as a home supply,gardening or paint store. Easy accessibility to site bypublic transportation is essential.

3.2. SOURCES OF PROPERTY: Most projects try tofind cheap or free use of empty land; a few projects haverented a store front near the original corner. Publicsources of land include county or city property,Community Redevelopment Agency (CRA) land, Water& Power property and any property that for whateverreason may not be compatible with other uses. Someprojects have been located on land owned by sympatheticresidents, but most are located on public land. A group inLos Angeles with projects both indoor (in a building orlarge trailer), and outdoor (a piece of property with asmall trailer that serves as an office), suggests that astorefront offers a warmer and safer environment withmore amenities and a more professional look. Anypotential site should be checked for environmentalhazards.

3.3. GARNER SUPPORT: It is important to havelocal support before entering into the search for alocation. Securing a location can be a difficult battle andstrong support can be decisive. Of course, having anacceptable site will also be key to building furtheralliances.

3.4. COMMUNITY FORUM: Many have facedopposition from residents and business owners near aproposed site. It is important to discuss their concerns in an open forum. Prepare by having one-on-one meetings with key supporters, which will familiarize them withpositive examples from other locations and ensure theirparticipation.

OBSTACLES:

3.5. NIMBY RESPONSES: Unless the new locationis in an industrial area—which may not be the best choicein terms of potential success—the project will most likelymeet with some “Not in My Back Yard” (NIMBY)responses. These can be met by community forums andpolitical support as discussed above. Conflict resolutionand mediation can also be helpful (see Section 2). Atsome point, it will be useful to bring the surroundingcommunity in for face-to-face contact with the daylaborers to promote mutual understanding and to reducepotential unwarranted fears.

3.6. LAND AGREEMENT CONDITIONS: Some landagreements prevent the construction of any permanentfacilities on the site. Projects have overcome this byrenting or buying trailers. Trailers can be skirted in orderto give a more established and professional look and thusfoster employer confidence.

3.7. LIABILITY CONCERNS: Some attempts tosecure site locations have failed because of liabilityconcerns on the part of the owner of the property. Whereprojects are under the auspices of local governments,proponents have worked with the local governmentattorney to assuage such concerns.

3.8. CITY/COUNTY PLANNING COMMISSION:Opponents of hiring sites have used the zoning boards toblock proposed site locations. Organizers may need to geta conditional or special use permit or an exemption if thelocation is not consistent with current zoning (e.g. in aresidential neighborhood).

The first Glendale center, donated by CatholicYouth Organization in 1989, was in an industrialarea. While the establishment of this site avoidedconflict with local residents and businesses, thecenter had a hard time attracting employers andeventually closed down. If a site is not locatedconveniently for employers, i.e. near a homeimprovement, gardening or painting supply store,or on a major thoroughfare, they are less likely touse the center. If employers continue to look forlaborers at the corner, workers will be attractedback to the original site.

thp_Day Laborer Layout_2 1/3/01 1:54 PM Page 17

Page 19: Day Laborer Hiring Sites: Constructive Approaches to Community

~13~

N U T S & B O LT S

SECT ION FOUR

Organizing Challenges

KEY STRATEGIES:

4.1. FOCUS ON WORK AND WORK CONDITIONS:Day laborers report that their number one priority iswork—getting steady work at higher wages and withassured payment. Therefore successful organizing mustfocus on the clearest and most compelling reason for daylaborers to organize: meeting their economic needs.There is no substitute for addressing this crucial issue.

4.2. BUILD TRUST AND COMMUNITY: The mostimportant strategy in organizing day laborers is toincrease day laborers sense of community and trust.Although there is a natural dynamic of competitionamong day laborers, there is also a sense of community.Many immigrant day laborers are far from their familiesand homeland and view one another as a source ofsupport.

4.3. NON-TRADITIONAL ORGANIZING: Since daylaborers do not share a shop floor or a single employer, asis the case with most organizing campaigns, one mustcreate structured, regular contact outside the corner forworkers to discuss their situations and to create strongersocial bonds. In Los Angeles, organizers at CHIRLA havesuccessfully done this by organizing theater groups,soccer teams and musical bands. They have also broughtday laborers together from various corners to conferencesand workshops, creating a key nucleus of day laborleadership.

4.4. DAY LABOR LEADERSHIP: It is important todevelop leadership from among the day laborers byproviding leadership training and, when possible, hiringstaff from among the workers. Day laborers should alsohave their own representatives on the Board of any

project. Once a leadership base is created, practitionershave found that day laborers are more successful atorganizing their peers.

4.5. INCLUSIVE DECISION-MAKING: Some siteshave elected leaders and in other centers, workers apply

for the leadership committee based on their length ofattendance and proven commitment to the center.Decisions should be made in a forum which allows allaffected day laborers to give input and raise questions ordisagreements. Small committees can be formed to dealwith specific issues like site maintenance, raising employ-ment levels and conflict resolution. These committeescan bring suggestions to the larger group for approval.

4.6. WRITTEN RULES: It is extremely valuable,both on the corners and in a center, to have written rulesthat are established through a democratic process. On thecorner this contributes to successful self-policing by theday laborers, and in the centers, to smooth operations.Day laborers can also decide on consequences forviolation of the rules.

4.7. RELATIONSHIP WITH LAW ENFORCEMENT:Organizers have suggested that the police can be aninvaluable ally in organizing. Generally, the police like tosee the day laborers institute rules of behavior for thecorners. They are usually happy to help weed out thosewho are not looking for work but instead are using thecorner for drinking, drug dealing or other illegal activities.

Many traditional unions have begun to utilize existing forms of organization within the immigrant populations,such as soccer leagues and churches, as a basis for organizing. These familiar forms of social organization can beused to build further trust, cooperation and participation. Popular theater and music have long been accepted formsof political education and communication in Latin America. Day laborers in Los Angeles use these forms to dramatize their situation for each other by performing at day laborhiring sites and at larger community and labor events.

“We hold meetings during the busiest time on thebusiest day (early Monday morning at somecenters) after all have arrived. Day laborers need tomake the rules and decide how to run the center,this includes the system of distributing jobs and therelationship with police, etc.”

Lynn SvensonONE STOP WORKER CENTERS

thp_Day Laborer Layout_2 1/3/01 1:54 PM Page 18

Page 20: Day Laborer Hiring Sites: Constructive Approaches to Community

~14~

C H A P T E R T W O

4.8. UTILIZE VOLUNTEERS AND STAFF: It is almostimpossible to organize without forging a core ofcommitted volunteers or paid staff. Successful organizingtakes a concerted and often prolonged effort. During theearly stages, organizers’ visits need to be frequent to instillconfidence and insure momentum.

OBSTACLES:

4.9. TRANSIENT POPULATION: Because there is ahigh turnover rate among day laborers, organizing can bedifficult. Many feel that centers are advisable becausethey can help stabilize the population. There is usually acertain percent of the population who has been aroundawhile. Organizers may begin by focusing on this group.

4.10. INTER-GROUP CONFLICT: Organizers shouldtry to overcome conflict due to ethnic, national, orpolitical differences which exist not only among racialgroups but also among different nationalities. Conflictbetween Mexicans and Central Americans has been

widely observed, and even among ethnic groups withinthe same nationality. Organizers can defuse theseconflicts by discussing them directly, agreeing on non-discrimination policies, and developing projects andactivities people can jointly work on and in that mannerbuild trust. Organizers should set the tone by acknowl-edging that day laborers come from diverse backgroundsin terms of race, nationalities and languages, butemphasize that day laborers share an economic situationand common goals; they must respect each other, regard-less of their differences.

4.11. LACK OF ON-GOING EFFORT/RESOURCES:As stated above, organizing drives take sustained effort.Before embarking on a campaign, practitioners shouldassess their resources and volunteer or staff time. Do notexpend all your time and resources at the beginning ofyour efforts, but try to pace the organizing so that it ismanageable. Also, develop a strategy for acquiringfunding and building a relationship between the daylaborers and the funders.

CHIRLA soccer team builds furthertrust, cooperation and participation.Other types of organizing tools mayinclude popular theater and music,long accepted as forms of politicaleducation and communication inLatin America.

thp_Day Laborer Layout_2 1/3/01 1:54 PM Page 19

Page 21: Day Laborer Hiring Sites: Constructive Approaches to Community

SECT ION F IVE

Attracting DayLaborers to the Project

C enters have used a variety of strategies to attractday laborers with varying success. The goal of thecenter is to alleviate the problems found on the

street, both for the surrounding community and the daylaborers themselves. However, it should be kept in mindthat it is highly unlikely that everyone will participate inthe project. There will always be individuals who do notlike rules or structured environments and choose not toparticipate. A center should try to attract workers to theextent possible but have some flexibility in accepting thatthere will probably never be 100% participation.

Strategies:

5.1. JOBS: The most effective strategy for gettingday laborers to come to a center is to have a high rate ofemployment every day (see section 6). If workers have agreater chance of getting a job at the center than at thecorner, they will more likely come to the center.

5.2. WAGE ISSUES: At most centers the men cometo an agreement on a minimum wage, which is often $6-$7 per hour, although the wage for skilled trades such ascarpentry or masonry is usually more. Such a minimumwage is easier to enforce at a center (rather than on thecorner) where the employer is greeted in a uniformmanner by someone who explains the ground rules of theemployment agreement.

5.3. COLLECTING UNPAID WAGES: One of themost common complaints among day laborers is thatthey are not paid, or are paid less than what the employerpromised. Projects should address this problem byhelping workers investigate options for collecting thesewages. In some cases, a call or letter from the center, or acommunity agency voicing the complaint and inquiringas to the schedule for payment, will suffice. In other moreserious cases, when the accusation is that the employerhas knowingly hired a day laborer without the intent ofpaying the agreed upon wages, the police can investigatefor criminal fraud. The investigation itself may pressurethe employer into paying. Other remedies include civilaction such as small claims court and complaints togovernmental agencies, such as the federal Departmentof Labor or State Labor Commissioner. However, these

remedies are costly, take a long time and often do notyield satisfactory results. An enormous amount of effortand resources are necessary for further legal procedures toattach the property or garnish the wages of the employer.

5.4. OTHER SERVICES: Offering social services canalso be an attraction; such services most commonlyinclude English language classes, medical clinics, fooddistribution and immigration counseling. These areservices which are often hard to offer at the corners, giventhe lack of facilities. Nonetheless, at a well organizedhiring site, these services can sometimes be arranged.

5.5. CAMARADERIE: When centers try to build asocial network and sense of support among the men thereis also more incentive to participate. This is accomplishedthrough everyday contact and organization of specialevents, such as site anniversaries, community projects,soccer games, etc.

5.6. ORGANIZE ON THE CORNERS: It is crucial tostart organizing on the corners before the center opens.From the outset, the workers should be involved insetting up the center and feel some ownership in thecenter. Self-directed workers will also be able to organizenewcomers to the corner more effectively.

5.7. DAY LABORER INVOLVEMENT: It has provenbeneficial for day laborers to be active participants in therule-making process and running of the center. This notonly makes the center more attractive, in that it is a moredemocratic and participatory place, but also results in moreeffective operational policies. As center users, the workershave insights and contributions toward policy-makingwhich can only benefit the functioning of the center.

5.8. ANTI-SOLICITATION ORDINANCES: Some sitecoordinators and some day laborers believe that anti-solicitation ordinances which ban day laborer activities inother parts of the city are key to getting the workers toparticipate in the formal centers. However, there is muchcontroversy about this, and so we will lay out the pros andcons of this strategy in a later section (see section 9).

5.9. LOCAL LAW ENFORCEMENT SUPPORT: It isvital to meet with local police or sheriffs on an ongoingbasis to solidify and coordinate their support. In manyinstances, it has been through the efforts of the police,directing both day laborers and employers toward thehiring center, that a center has become a success. Wherepolice work closely with a project, they may be able toassist in contacting local INS representatives to explain

~15~

N U T S & B O LT S

thp_Day Laborer Layout_2 1/3/01 1:54 PM Page 20

Page 22: Day Laborer Hiring Sites: Constructive Approaches to Community

~16~

C H A P T E R T W O

the project. Some centers have elicited informal non-intervention agreements from the INS which add to theworkers’ confidence in the center.

5.10. REFRESHMENTS: While this is not a majorincentive, some programs offer coffee and donuts or pan dulce each morning. Providing breakfast requires alarger budget or in-kind donations but has been an addedattraction at some centers.

Obstacles:

5.11. EMPLOYMENT OPPORTUNITIES: As describedabove, if the workers feel their chances are better at thecorners, they will return there. They may feel this becausethe overall job rate at the center is low, or because the jobdistribution system makes it clear that they will not get

work that day (e.g., a two-day lottery where workers havealready been chosen, see section 7). Some centers sendnew participants out to work first in order to convincethem of the benefits of the center.

5.12. UNDEMOCRATIC STRUCTURE: Some menreturn to the corners (or remain on the corners) becausethey feel or have heard that a center is run undemocrati-cally, that there is favoritism or some other unfair practice.

5.13. SCREENING POLICIES: Some centers havepolicies that make it impossible for everyone to partici-pate. Various screens are used, including checking localresidency, immigration documents, criminal records anddetermining whether an applicant is a day laborer. Theintent of the screening mechanisms vary. Some centersfeel they want to serve the local population, or those inthe greatest need, and others want to limit the numberserved in order to keep employment levels high for thecurrent participants. Depending upon the kind of screen,some day laborers may end up on the street, recreating orcontinuing the original problem. There could also beaccusations of discrimination.

5.14. ETHNIC DOMINANCE OR CONFLICT: In someareas, one particular ethnic group’s domination of a centerhas led members of other ethnic groups to feeluncomfortable, discriminated against or unwelcome.Attention must be paid to creating an open atmosphere.

“Senior Lead Officers from LAPD and CommunityOfficers from the Sheriff’s Department have beenvery instrumental in the success of our organizingprojects. It is very important to establish a relation-ship with a law enforcement officer who will be thekey contact person and who can visit with the daylaborers on a regular basis..”

Victor NarroCHIRLA

Day laborer-organized community gardenbuilds collective trust.

thp_Day Laborer Layout_2 1/3/01 1:57 PM Page 21

Page 23: Day Laborer Hiring Sites: Constructive Approaches to Community

SECT ION SIX

RaisingEmployment Levels

Attracting employers to the center is one of thebiggest challenges and, perhaps, the real key tothe success of a center. A center should not be

discouraged if initial employment rates are low. It is oftenthe case that most workers shift over to the center at itsopening, while employers take longer to switch.Employers may not immediately know about or trust thenew center. However, if day laborers are involved in theprocess of attracting employers (and do not becomediscouraged), the initial imbalance can be worked out.

There are many incentives for employers to use acenter over an unorganized corner. These benefitsinclude: 1) an organized hiring process in which theemployer can more easily find a worker with the specificskills needed, and make all expectations clear; 2) greateraccountability of the workers; 3) more consistency in theavailable labor pool on any given day; 4) a structure forregistering complaints; and, 5) offering a greater varietyof workers and skills available. For example, womenalmost never wait on the street for work but participate inmany of the centers.

Strategies:

6.1. PUBLICITY: Most centers do publicity throughleafleting as well as public media. Day laborersthemselves do a lot of leafleting focusing on buildingsupply, gardening and paint stores. Some Home Depotshave allowed workers to give out flyers at the door andeven give the hiring center coupons for discountedmerchandise. Local businesses can be asked to keepstacks of flyers for their customers. Some centers haveleafleted door-to-door in the surrounding neighbor-hoods. Public commendations from city government orpolice can help attract coverage in local newspapers, radio

and television shows. If the center is new, it is importantto start publicity before the move. Some centers haveachieved high levels of employment through distributingleaflets at the old corners and in local stores withoutrelying on media advertisement.

6.2. CUSTOMER SATISFACTION: Word-of-mouthis one of the best forms of publicity. Satisfied customersrecommend the site to others and return themselves.Centers recommend the following to promote customersatisfaction: 1) Create an atmosphere of professionalism;2) Center staff should give polite and efficient service inEnglish; 3) Make sure the men do a good job and stick to

the agreements made at the time of hire; 4) If customersinsist, allow employers the opportunity to choose whothey hire, rather than going through the lottery; and, 5)Solicit customer feedback through surveys, and respondto suggestions and concerns.

6.3. FOCUS ON OLD CORNER: It is important tohave signage at the old corner with the exact address,location and phone number of the new center. It is alsohelpful to do ongoing distribution of leaflets at the oldcorner to encourage employers to come to the new site.Police departments have often helped with suchleafleting.

6.4. VISIBILITY: It is very important that the centerbe visible from the street, with clear bold signage. Thelocation makes a big difference in how successful thecenter is at getting jobs.

6.5. COMMUNITY PARTICIPATION: Many centerstry to participate in community activities by asking daylaborers to volunteer for events organized by police, localgovernments, schools or community groups. Day laborershave participated in weeding in local parks; graffiti paint-overs and by setting up literature tables at communityfairs. Such work gives the workers a chance to meetmembers of the community (potential employers) andbuilds the center’s reputation. It is good to document suchparticipation and get media coverage, where possible.

~17~

N U T S & B O LT S

“At a couple of our centers, we now havedomestic workers and they are earning from $10 anhour and up. Some of the women also go out onregular jobs.”

Lynn SvensonONE STOP WORKER CENTERS

“In Malibu, the center fosters confidence in thecommunity; as many women as men come to hire workers.”

Mona LooMALIBU LABOR EXCHANGE

thp_Day Laborer Layout_2 1/3/01 1:57 PM Page 22

Page 24: Day Laborer Hiring Sites: Constructive Approaches to Community

~18~

C H A P T E R T W O

6.6. ATTEND COMMUNITY EVENTS: Anothersuggestion is to set up literature tables at community fairsand events. In this way, you can pass out literatureadvertising your services, and participate in communityactivities at the same time.

6.7. INCLUSION OF WOMEN: Figuring out ways toinclude women can raise employment rates overall sinceit draws new employers, including female employers, tothe centers. Centers often facilitate such inclusionthrough phone trees. One center has set aside a specialroom for women where they feel more comfortablewaiting for work.

6.8 DATABASE: Some centers set up a database ofemployers and then send out flyers directly to oldemployers to solicit more jobs. However, other centers saythey do not want to stop the employer to take down theirname, address, etc., because they feel this woulddiscourage the employers from coming. Centers have alsosent out flyers based on other local databases; forinstance, the city’s business license registration database isa rich source of information on specific kinds ofemployers. Directories of the local Chamber ofCommerce and business associations can also be helpfulin targeting outreach.

6.9. LIMIT PARTICIPATION: In order to keepemployment rates at an acceptable level, some centershave a limit on how many workers they will allow toparticipate on any given day. (Projects may also limitparticipation because of space constraints). If a limit isinstituted, organizers should do so based on clear and faircriteria written into policy. A project should never appeararbitrary. There may also be legal and constitutionalconcerns with limitations, such as when an anti-solicita-tion ordinance prohibits day laborers from seeking workelsewhere in the city.

6.10. EXPAND SERVICE: Many centers provideworkers, not just to employers who drive up, but also tothose who call in. This flexibility allows employers whomay not be able to leave their place of business (forexample, a restaurant owner whose staff has called insick) to utilize the center. Be sure to collect all thenecessary information: where the job is (includingdirections), what time and for how many hours, and anagreed upon per-hour wage during the conversation.

Mayor Willie Brown pays a visit to the San Francisco Day Labor Program, which strives to be employer-friendly while maintainingdignity for the day laborers as well.

PHOTO: GERMAN MARTINEZ

thp_Day Laborer Layout_2 1/3/01 1:57 PM Page 23

Page 25: Day Laborer Hiring Sites: Constructive Approaches to Community

SECT ION SEVEN

Job Distribution

The question of job distribution is key to operatingany successful day labor project, but the choice ofwhat system to use must be based on the circum-

stances of each center. It will depend on the diversity ofjob skills and skill levels involved, the amount of stafftime available, the levels of employment, and mostimportantly, the preferences of the workers at the site.The system should be one that the workers choose andbelieve is fair. Many sites change systems or modify themas they learn what works and what doesn’t.

Strategies:

7.1. LOTTERY: Almost all centers use somevariation on a lottery system. Some are more straightfor-ward, while others more complex, but all are based onequal chance, and thus have the advantage of being fair toall. The basic premise of a lottery is that each day laborerreceives a ticket, which is good for that day or when theyregister at the center as a permanent number. Asemployers request workers, tickets are drawn to see whowill get the job. Some centers draw the next few numbersahead of time so that the workers are up front and readyto go. Most centers do a new lottery each day, but at leastone center does a lottery which lasts over two days, tobetter ensure that everyone has a chance to work.

7.2. MULTIPLE LOTTERIES: Some programs havetwo simultaneous lotteries: one general one witheveryone included, and one for English speakers only(English speakers are thus in both). In this way, if acustomer asks for someone who speaks English, he canbe effectively matched with an appropriate worker.

7.3. LAST TODAY, FIRST TOMORROW: Someprograms have used a system, whereby, if a day laborerdoes not go out that day, he is put at the top of the list forthe next day. Alternatively, a lottery which lasts over twodays will achieve the same ends. At least one program didaway with this practice because the workers felt therewere too many people at the top of the list each day andtheir chances to go out were too greatly diminished.

7.4. “FIRST COME, FIRST SERVED” SYSTEMS: Thissystem is used successfully by a number of day laborcenters. It is straightforward and does not require a lot ofcoordination. Other centers have found that it creates thefollowing problems: those who come late figure it is betterto go to the corner because they have little chance of beingpicked that day; it drives day laborers to arrive earlier andearlier, even camping out to get the first slot; and, itpenalizes workers who have long distances to travel orhave other family responsibilities. However, theseproblems do not seem to arise in centers where levels ofemployment are high.

7.5. SKILLED WORKERS: All centers treat requestsfor skilled workers differently than those for generallabor. If an employer requests a house painter, mostcenters clarify whether the employer prefers a generallaborer (at a lower rate) or a skilled worker (usually at ahigher rate of pay). If the employer chooses the former, aworker is selected from the general lottery; if the latter,center staff finds a skilled worker who negotiates theirpay with the employer. Some centers have separatelotteries for painters, carpenters, etc. Other centers callforward everyone of a particular skill and let the customerchoose from among them.

7.6. WOMEN ON PHONE TREES: While at somecenters, women wait along with the men, at otherscenters, a phone tree system is employed to hire women

~19~

N U T S & B O LT S

The job distribution system is a controversial issue. Most centers try to construct a system with the greatestpotential for keeping the workers in the center and off the street, that is, a system in which the workers do notknow from one minute to another if they will be called next. Other centers have systems which give the worker aclearer idea of when they might be called. For example, in San Francisco, the day labor center uses a rotating list; asyou go out for a job your name goes to the bottom. This ensures a fairer distribution of work. The controversialfacet is that the list system also allows day laborers to look for work on the corners when they know their name isfar down the list and there is no possibility of getting work that day. The San Francisco system is based on thephilosophy that the center, rather than being a solution to having the workers on the streets, is instead a resourcefor all the day laborers of the city. This philosophy is not just manifested in their job distribution system, but also intheir educational and service work, with day laborers on the corners, as well as with those in the center.

thp_Day Laborer Layout_2 1/3/01 1:57 PM Page 24

Page 26: Day Laborer Hiring Sites: Constructive Approaches to Community

~20~

C H A P T E R T W O

in order to accomodate their childcare needs and otherresponsibilities.

7.7. EXCEPTIONS TO THE LOTTERY: Manyprograms have some procedure to help workers who arein dire straits (because they have not gotten work in awhile, have a family emergency, need to find a newapartment, etc.). Several programs reported that in sucha situation, they allow the worker to present his situationto the group and let the group decide if that worker canbe given the first job for a couple of days, before thelottery begins. Center staff reports that generally the daylaborers are helpful to one another in this regard.

7.8. PROCEDURES BY AGREEMENT: The mostimportant thing in deciding upon what distributionsystem will be used is that an agreement is reached at ageneral meeting, and that the procedure is in writing andclear to everyone. Confusion over, or disagreementabout, job distribution rules can lead to disgruntledworkers who charge favoritism. To avoid such conflicts,one center suggests that each day’s list and informationabout who has gone out to work should be available forany worker who wishes to see it. Also, rules should beflexible and open to rethinking based on feedback fromworkers and employers.

7.9. CUSTOMER CHOICE: Although most centersbelieve that it is very important to let the employerchoose the worker if they so wish, some problems havebeen reported with this system. In the case of centerswhich serve a racially diverse group of workers, employersmay show a preference for one group over another, whichcan create resentments and stronger divisions among theworkers. Centers also report that when they have womenavailable for general manual work, employers often refuseto take them; furthermore, employers sometimes refuseto take older workers. Some centers say they try tobalance these considerations by encouraging employers togo by the lottery, while allowing choice if they insist.Some centers encourage choice and others disallow itcompletely.

7.10 INCENTIVES FOR VOLUNTEER WORK: Somesites allow those who volunteer for the center, distrib-uting flyers, doing community service work, etc., to goout first the next day or get a special pass which they canuse to go out first on the day they choose. This practiceallows centers with a low budget to accomplish suchnecessary tasks as advertising and community relationswith the use of volunteer labor and gives the volunteerworkers an opportunity to make up for lost income.

“The advantage of running a project independently from its municipality is that there is more freedom to makeyour own rules outside city bureaucracy. A downside is that fundraising is competitive and labor intensive.Fundraising requires an active Board of Directors. The site manager cannot be expected to be the primary forcebehind fundraising efforts. The Malibu Labor Exchange is in a smaller, upscale community without adequate localgovernment funding. We have done various kinds of fundraising. We raised $15,000 through a direct mail solicita-tion letter from a local celebrity, which was sent along with a brochure which served both to raise funds andintroduce the labor service to the community. We did a rose planting project. We had a connection with a rosegrower and got permission to plant 120 rose bushes in front of the city hall. The community was invited to dedicatea bush to someone for a tax deductible donation of $100. A heart-shaped tag would mark their rose bush and thelabor center volunteers would care for the roses while waiting for work. The city paid for the water. The centerpartnered with a local garden club. The money collected covered expenses of care and was a beautiful publicrelations project.”

Mona LooMALIBU LABOR EXCHANGE

thp_Day Laborer Layout_2 1/3/01 1:57 PM Page 25

Page 27: Day Laborer Hiring Sites: Constructive Approaches to Community

~21~

N U T S & B O LT S

SECT ION EIGHT

Sustainability

As a practitioner, it is important to think aboutsustainability in three areas: financial, politicaland leadership. These areas overlap considerably

since strong political support can lead to financialsupport, etc. Obviously, center staff must think not onlyabout where their start-up money comes from, but alsowhere their continuing budget will come from. Not onlydoes a center need to build alliances in order to havesupport for its opening, but also to have support for itson-going operations, including lobbying the city or otherfunders for annual budgets. Moreover, centers need todevelop leadership among the workers to create advocateson their own behalf. If the center is dependent on outsideleadership of devoted volunteers, or even hired staff, itbecomes vulnerable to the future plans or problems ofthose stakeholders.

Strategies: Financial

8.1. CITY FUNDING: Many centers are supportedby city funding. Centers recommend that one should tryto get their budget from general funds rather thancommunity development block grants, because it is morelikely to be renewed each year without obstacles or areapplication process.

8.2. FEDERAL FUNDING: Some centers are able totap into federal monies which come through the Depart-ment of Labor (DOL), Department of Education (ED)and the Department of Housing and Urban Develop-ment (HUD). DOL has money for employment trainingand placement programs; the ED for offering educationalservices (such as language courses); and HUD has servicesfor the homeless. Much of this money is restricteddepending on the employment eligibility of the popula-tion one serves.

8.3. NON-PROFIT STATUS: Many centers aremanaged as non-profits, either by setting up their own501c3 status, or under the fiscal sponsorship of an alreadyestablished non-profit. This status is crucial in solicitingdonations from local residents and businesses, as well asfrom large foundations. The expenses of a non-profit maybe higher because they do not share costs, such asinsurance and staff costs (workmen’s compensation,medical benefits, etc.) with the city.

8.4. FOUNDATION GRANTS: There are founda-tions which have monies available for day labor projects,especially if one is combining other services with employ-ment (e.g. health education and clinics). One must beaware of what the funding priorities of the foundation arebefore applying; for example, many foundations arecurrently interested in economic development.

8.5. PRIVATE DONATIONS: Some centers,especially those in smaller communities with a lot of localsupport, solicit donations from local residents andbusinesses. At least one center has a direct mailingcampaign to raise money. A source of in-kind donationsare building supply stores, which are often the site ofinformal hiring sites and so benefit from the existence ofa center or organized project. Building supply stores areoften willing to support a center with donations such ascanopies, benches, tables, paint, etc.

8.6. COOPERATIVE REVENUES: Some centers haveworkers’ cooperatives which raise money for the program.One center has an organic garden that the men work onwhile waiting for jobs each morning. They sell theproduce at local markets. Another is planning a nursery.

8.7. FUNDRAISING EVENTS: Some centers havefundraising events, not only to raise funds, but to connectwith the community and advertise for employment.Large fund-raisers, require a lot of staff or volunteer time.They can also be expensive to arrange, and require a highturnout to make a profit. One center, which held a largeconcert and auction which cost $7,000 to put on andraised $23,000 suggests only doing such events everyother year. Instead, they suggest smaller fund-raisers inprivate homes, or working with local service groups orchurches to put on a fund-raiser. Local businesses, suchas a new restaurant, could also hold an event.

8.8. WORKER DUES: Some centers charge workersa minimal fee to use the center ($1 a day or $20-$30 amonth). This is a controversial practice becauserestricting participation on any grounds can be problem-atic if there is an ordinance banning day labor solicitationin the rest of the city. While the dues may be minimal tosomeone who is working every day, $30 a month canseem burdensome to those who have not received muchwork. However, it is important that workers feel theircommitment to, and ownership of, the center. Dues canalso serve as an indication to the rest of the communitythat workers are contributing to the sustainability of thecenter.

thp_Day Laborer Layout_2 1/3/01 1:58 PM Page 26

Page 28: Day Laborer Hiring Sites: Constructive Approaches to Community

~22~

C H A P T E R T W O

8.9. COLLABORATIVE PROJECTS: Another attrac-tion for funders is the collaborative aspect of a project. Itis a good idea to try and involve other groups (health,education, legal counseling, etc.) in the project, not just asa way to donate services, but as part of the project forfundraising proposals. A center in San Diego has beenvery successful in sharing space with other groups andpromoting a collaborative network. In the same vein, it isgood idea if the center can also be used as a communitycenter by other groups in the afternoons or evenings.This both improves your funding chances and integratesyou into the community. Some funders are particularlyattracted to projects which involve multi-ethnic collabo-ration.

8.10. DOCUMENT ACTIVITIES AND SUCCESSES: Itis vital for funding proposals that one documents withreports, photos and newspaper clippings the center’sinvolvement in community activities. It is also importantto keep records of how many workers were served andhow many jobs, both temporary and long-termplacements, were filled.

8.11. EMPLOYER FEES FOR ADMINISTRATIVEPROCESSING: Some organizers have discussed developinga workers’ cooperative which could charge fees toemployers for handling the administrative costs of thecenter or other employment related costs (workers’compensation, social security and disability, etc.).

Political:

8.12. COMMUNITY INVOLVEMENT: The centeritself can host community events, and where appropriate,the center can also be used as a community center duringlate afternoons or evenings. Center staff recommendattending town council or local neighborhood meetings.It is vital that the center be seen by those who live andwork near it as part of the community.

8.13. RESOLUTIONS: Some centers have gottenresolutions of support from community advisory boards,town councils, county governments and state representa-tives. Such shows of support can give the project legiti-macy and help surrounding stakeholders have confidencein the project.

8.14. ALLIANCES: It is important to continue tofoster alliances with various groups so that the center hastheir support when political winds change or fundingsources run dry. Develop and sustain relationships withspecific members of the community such as policecaptains, business owners, city managers, labor leaders,etc.

8.15. CENTERS WITH DIVERSE PARTICIPATION: Ifthe center serves more than one population group, it iseasier to build alliances based on the constituencies whoregularly take an interest in the welfare of various groups.This support includes cultural /ethnic specific organiza-tions, women’s groups, homeless advocates and otherswho cater to the needs of various populations.

Leadership:

8.16. LEADERSHIP TRAINING: It is vital to fosterleadership from among day laborers so that the project isself-sustaining beyond the interest of particular activistsor city employees. The center should include leadershiptraining in their program.

8.17. DRAW STAFF FROM AMONG THE DAYLABORERS: It is important to promote the leadership ofday laborers by giving those who are ready a chance atstaffing the site. Many centers have done this quitesuccessfully.

8.18. MEETINGS WITH OTHER DAY LABORCENTERS: A group in Los Angeles is holding monthlymeetings with workers from different centers andcorners. This has created more of a sense of strength,support and confidence among the day laborers, as well asallowing them to share information.

8.19. LEADERSHIP IN THE COMMUNITY: Oneshould work to cultivate leadership not only among theday laborers, but also among other affected groups, suchas neighbors, local government and law enforcement.Creating an integrated leadership group representative ofthe different stakeholders can be very valuable. Forexample, in Los Angeles, a program called LeadershipDevelopment in Inter-Ethnic Relations gives training todiverse groups who are working together on issues to helpthem build on-going relationships.

thp_Day Laborer Layout_2 1/3/01 1:58 PM Page 27

Page 29: Day Laborer Hiring Sites: Constructive Approaches to Community

~23~

N U T S & B O LT S

SECT ION NINE

Ordinances & Laws

Here, the authors would like to distinguish betweenordinances which are a total ban of day laboractivity in a city, and those that only ban activity

in a limited area. While both types are aimed ateradicating day labor activity from a given corner, a totalban is more problematic in terms of several of the issuesraised below.

Pros:

9.1. FORCES PARTICIPATION IN THE PROJECT: Anordinance can help support a project in that it forceseveryone to use the designated site. Not everyone will usea given center, some because they feel uncomfortablethere, and others to gain a competitive advantage bywaiting outside it. For this reason, day laborersthemselves sometimes support an ordinance. Some daylaborers feel that it is fairer to everyone if no one outsidethe center is taking jobs away. In some centers, in orderto keep employment levels and wages high, day laborerswill leaflet the workers and employers who are still on thecorner and try to organize the workers to come to thecenter. Some workers argue that the ordinance supportstheir efforts, and that their leafleting prevents arrests ortickets under the ordinance. Other stakeholders oftensupport an ordinance because they think passing a lawagainst day labor solicitation will eradicate the problem ofday laborers informally gathering at different streetcorners in the area.

9.2. REDUCING TRAFFIC HAZARD: The mostcommonly cited reason for an ordinance is to reduce thepotential traffic hazards created by men rushing at cars,or cars pulling over where there is inadequate space. Anordinance seems an easy solution, but in fact, the issuemay be more directly and effectively addressed, forinstance, by simply changing the signage in the area, orcreating a pull-out place or loading zone along the curb.Moreover, there are already ordinances in place to preventtraffic hazards, such as prohibitions on blockingdriveways, jaywalking and traffic laws themselves.

9.3. LIMITING DAY LABORER ACTIVITY TOCERTAIN AREAS OF THE CITY: An ordinance that limitsday laborer activity to certain areas of the city may beeffective, but it may run afoul of constitutional protec-

tions and risk costly litigation if alternative sites in thejurisdiction are inadequate for workers to effectivelysolicit work.

Cons:

9.4. VIOLATE CONSTITUTIONAL RIGHTS: In theEncinitas (southern California) case—the first lawsuittesting a day labor ordinance—the judge found theordinance to be unconstitutional. The judge cited aSupreme Court decision which found:

It requires no argument to show that the right towork for a living in the common occupations of thecommunity is of the very essence of the personal freedomand opportunity that it was the purpose of the[Fourteenth] Amendment to secure. [Truax vs. Raich,239 U.S. 33, 41 (1915) and quoted in Hampton vs. MowSun Wong, 426 U.S. 88, 102 n.23 (1976)].

The judge in the Encinitas case also found that theordinance here violated the state and federal constitutionsby impinging on the rights to free speech, due process,equal protection, and uninhibited intrastate travel.Although an ordinance was upheld by a judge in asubsequent lawsuit against the city of Agoura Hills, manycivil rights attorneys still believe such ordinances to beunconstitutional and continue to test them in court. (Seefootnote 8 on page 7.)

9.5. UNNECESSARY: Most of the complaintsregistered about day laborers have to do with specificactivities which are already illegal under existing statutes,(e.g. littering, urinating or defecating in public, drinkingin public, jaywalking, etc.). Legal actions against workersshould address the specific activities which causeproblems not their general presence.

9.6. INEFFECTIVE: Ordinances have not made daylaborers disappear. Even when enforced, those arrested ordeported are replaced by new day laborers or returningday laborers. As long as there are jobs available, theworkers continue to gather. Unfortunately, unless there isopen access to a successful alternative, communities havefound that ordinances alone do not solve the problem.

9.7. SUPPORT DISCRIMINATION: An anti-solicita-tion ordinance is sometimes understood by residents,business managers, and police officers to be an anti-daylabor ordinance, and therefore justifies harassment ofLatino men despite their activities.

thp_Day Laborer Layout_2 1/3/01 1:58 PM Page 28

Page 30: Day Laborer Hiring Sites: Constructive Approaches to Community

~24~

C H A P T E R T W O

9.8. OPEN TO MISINTERPRETATION AND ABUSE: Itis hard to actually catch day laborers in the act ofsoliciting work, which is what most ordinances require.Thus, police who are being pressured to implement theseordinance, often abuse the law by harassing Latino meninto moving away from places where they have legalrights (even with the ordinance) to stand. They may, infact, be waiting for a bus or for a prearranged meetingwith an employer. Law enforcement also misuses theordinance to break up employment relationships whichmay be legal (it is only the original solicitation which isillegal), making the day laborer get out of the car or truck.Moreover, abuse of the ordinance is often discriminatorytowards minorities.

9.9. COSTLY TO ENFORCE: Such ordinances arecostly to enforce, not only for police, but for courtresources. Time is spent by prosecutors, public defenders,and judges in adjudicating these cases. If the person isconvicted, there are also high costs to the public forincarceration personnel and facilities. In an era wherethese resources are already pushed to the limits, it seemscounterproductive to further overburden the system bycriminalizing an otherwise harmless activity—lookingfor work.

9.10. COSTLY TO DEFEND IN COURT: Lawsuits arelong and costly. The city of Agoura Hills spent over$200,000 defending its ordinance. It is clear that daylaborers and their advocates will continue to sue localitiesover the constitutionality of a given ordinance and that the taxpayers will end up paying the price of such ordinances.

Ordinances and regulations can only have a temporary effect on any perceived “problems” with day laborers. Shown here: Job lottery system at work at the Hollywood Job Center, run byIDEPSCA/CHIRLA.

PHOTO: REY RODRIGUEZ

thp_Day Laborer Layout_2 1/3/01 1:58 PM Page 29

Page 31: Day Laborer Hiring Sites: Constructive Approaches to Community

~25~

1/ Woodland Hills, CaliforniaCHIRLA uses the basics to resolve complaints.

P R O J E C T A T A G L A N C E :TYPE: “Human Relations Model”: Conflict resolution and organizing on original corner.DATE: Established 1997NUMBER OF DAY LABORERS: 30-40ETHNIC AND GENDER COMPOSITION: Latino men from Mexico and Central AmericaBUDGET: Staff time equivalent to two days a week at beginning, and then reduced to one day a month, plus such incidental

expenses as copying, transportation, etc.STAFFING: No permanent staff

In Woodland Hills, an area of Los Angeles in the SanFernando Valley, tensions and conflicts over the presence ofday laborers had existed for a decade, but had intensifiedwhen day laborers spread across several blocks and intoresidential areas. Residents constantly complained to thepolice of day laborers’ presence in general as well as specificcomplaints regarding urination, defecation, drug dealingand accusations of burglary.

Residents regularly called the police and the INS andattempted to drive day laborers away through law

enforcement activities. Also local businesses often refusedto serve the day laborers. Relations in the community haddeteriorated to the point of children throwing eggs at the

day laborers from a schoolbus. As a whole, the communitysent a message that the laborers were not welcome inWoodland Hills. However, because employers continuedto seek workers at the site, the laborers continued tocongregate.

In early 1997, the Coalition for HumaneImmigrants Rights of Los Angeles (CHIRLA) contractedwith the city of Los Angeles to run the city’s day laborprogram. This included operating the city’s establishedsites as well as implementing a conflict resolution model inproblem areas. The city asked CHIRLA to begin withWoodland Hills because the Los Angeles Police Depart-ment (LAPD) was overwhelmed with complaint calls.

CHIRLA staff spoke first with day laborers to assess

Creative SolutionsC H A P T E R T H R E E

Stories of Organized Local Day Laborer Projects

Deciding which day laborer projects to feature in this manual was a difficult task. First, we wanted geographical diversity,since the manual is of national scope. This was challenging because our research revealed that the overwhelming majorityof day laborer hiring sites and projects are in Southern California. Nonetheless, we felt it was important to share experi-ences from around the country. Therefore, we selected cases from the Northwest (Seattle), the Southwest (Texas) andthe Eastern Seaboard (Maryland), as well as two California examples.

Secondly, we sought to provide the reader with a sampling of the three major types of day laborer projects: 1) daylaborer organizing projects at the traditional hiring site; 2) unstaffed, designated hiring sites which provide only aspecified location and amenities for day laborers to await employers; and 3) staffed, formal hiring centers which includea range of other programs for day laborers.

Taking into account these various factors, we selected the following five stories of impressive collaborations thatappear to be quite effective in resolving many of the complaints which had originally generated community controversy.

thp_Day Laborer Layout_2 1/3/01 1:58 PM Page 30

Page 32: Day Laborer Hiring Sites: Constructive Approaches to Community

~26~

C H A P T E R T H R E E

their perception of the problems. They then talked to thepolice about the situation on the corner. Finally, CHIRLAattended the homeowners association monthly meetingwhich regularly featured the day laborer issue as the firstagenda item. The INS was present at this meeting andinformed the residents that their sweeps resulted in fewarrests, and they did not feel that they were productive inresolving the situation. While some residents insisted thatthis was an immigration problem, others focused on thespecific problems the day labor corner brought to theircommunity.

Having spoken to all parties, CHIRLA staff returnedto the corner with representatives from the LAPD andworked with the day laborers to reach an agreement whichwould address their needs and the residents’ concerns. Theworkers agreed to move down the street away from theresidential area and institute a set of rules. They agreed toask employers to park safely before discussing work andnot to block the streets themselves. They also agreed notto litter, catcall, gamble, drink or relieve themselves inpublic. Furthermore, they agreed to ask anyone whorefused to follow the rules to leave the area and to call thepolice if they refused to do so. A local fast food restaurantagreed to let the workers use the restroom facilities. TheLAPD agreed to support the workers by not ticketingworkers or harassing them. They also agreed to helpworkers weed out men who used the corner for illicitactivities rather than jobseeking.

CHIRLA staff, day laborers and the LAPD attendedthe next residents meeting. The residents were pleasedwith the improvements they saw and agreed to work withthe day laborers, rather than call the police or the INS, toresolve any further problems. The residents formed theWoodland Hills Day Labor Committee, along with daylaborers, CHIRLA and the LAPD. The committee metmonthly to resolve conflicts.

The new rules, and a heightened understanding ofthe day laborers situation on the part of the surroundingcommunity, alleviated the situation. Complaints reduced

dramatically. The day laborers also began to work with thecommunity on several projects which resulted in agrowing sense of mutual respect and tolerance. Forinstance, in October of 1997, a group of day laborersparticipated with the LAPD in a community cleanupproject entitled “Operation Sparkle.” A few weeks later,the day laborers, residents and the LAPD participated in amural-painting project.

CHIRLA staff spent two mornings a week at the siteworking with the laborers to organize themselves and toinstitute the rules, as well as helping them resolveproblems they faced, such as non-payment of wages. By1999, CHIRLA staff had reduced their visits to the cornerto once every two weeks, as the day laborers were wellorganized and the community had readily adopted theprogram as its own. The day labor committee continued tomeet on a bi-monthly basis and was discussing thepossibility of setting up a formal site to provide moreservices to the day laborers.

Woodland Hills is only one of a group of projectswhich CHIRLA runs using the same model of conflictresolution and day laborer organizing. The model beganwith a site in Ladera Heights in 1995 and has beenexpanded to a dozen corners. CHIRLA has been successfulat not only organizing workers on a given corner, butbringing workers together from different communities, intraining seminars and inter-corner conferences, to shareexperiences and gain skills. Day laborers from alreadyorganized corners have been an essential resource intraining leaders at newer corners.

The Woodland Hills example demonstrates that daylabor conflicts can sometimes be resolved through consis-tent organizing with the day laborers and mediation withthe surrounding community. This approach takesrelatively few resources, and can turn a tense situationaround in a short period of time. Even where communitymembers may go on to engage in a more formal solution,conflict resolution is a basic step that is recommended atthe onset of any collaborative solution.

CHIRLA-organized meeting of day laborers.

thp_Day Laborer Layout_2 1/3/01 2:08 PM Page 31

Page 33: Day Laborer Hiring Sites: Constructive Approaches to Community

~27~

C R E AT I V E S O L U T I O N S

2/ Denton, TexasHumanitarian action builds a site.

P R O J E C T A T A G L A N C E :TYPE: Unstaffed site on well-traveled state highway, featuring a pavilion roof over picnic tables to provide shelter from

the sun and rain. The site is landscaped with grass and trees, and has a portable toilet and a water fountain. A brick-paved turnaround surrounds the pavilion, and a bulletin board announces jobs and social services. There is an anti-solicitation ordinance.

DATE: Established 1997NUMBER OF DAY LABORERS: 50-60 DailyETHNIC AND GENDER COMPOSITION: 60% Latino immigrant (Mexico and Central America), 25-30% non-immigrant

Latino, and of the remaining 10-15%, half are white and half are African American.BUDGET: $3,000, plus insurance costs, raised by the Denton Humanitarian Association from private, mostly in-kind,

donations and other fundraising activities.STAFFING: None

For many years in Denton, Texas, a city of approximately75,000 residents, located 30 miles north of Dallas, peoplewho were looking to hire men for a day’s work knew justwhere to find them. Day laborers awaited employers at thesite of an old motel, next to a busy intersection.

In the mid-1990s, Denton and nearby communities grewrapidly. Demand for skilled and unskilled labor

increased, spurring the expansion of the day laborerpopulation. According to police accounts, the vastmajority of the 50 to 60 day laborers were Latino, a smallminority were white and African American, fewer thanhalf were undocumented immigrants. It was estimatedthat 1/3 of the employers were homeowners, 1/3 wereranchers and farmers, and another third, contractors.

In 1995, community conflict was on the rise. Peoplewho operated businesses or lived nearby the intersectionhad become frustrated by the problems created by the daylaborers and demanded a solution. Complaints werecharacterized by the police as, “of a nuisance and trafficnature,” citing as examples, “standing in the roadwayimpeding traffic, soliciting work from a roadway, publicintoxication, urinating in public, littering and disorderlyconduct.” Two INS round-ups had occurred but had notsucceeded in changing the situation, in part, because onlya minority of the laborers were undocumented, andbecause employers continued to frequent the intersection.The complaints continued. Moreover, the old motelproperty on which the day laborers gathered had recentlybeen sold and the lot was being prepared for construction.

In September of 1995, the Denton police chiefassigned Officer John Cabrales to conduct a feasibilitystudy for an alternative site for the day laborers. In thebeginning of 1996, the Denton police chief recommended

Denton Police Officer John Cabrales in front of “Worker Exchange Park.”

thp_Day Laborer Layout_2 1/3/01 2:08 PM Page 32

Page 34: Day Laborer Hiring Sites: Constructive Approaches to Community

~28~

C H A P T E R T H R E E

against the City Council establishing a site. He believedthat the estimated $32,000 required to build and operatea site would be an ineffective use of taxpayer moneybecause there was no guarantee that the day laborerswould use the site. The City Council followed the policechief ’s recommendation.

When the City government decided against theexpenditure of taxpayer monies, concerned residents werenot deterred. Officer Cabrales joined forces with businessleaders to form the Denton Humanitarian Association(DHA), a non-profit organization, which recruited andorganized volunteers to find and build an alternative site.

DHA, as a non-profit, attempted to convinceemployers to contribute monies as they were picking upday laborers at the site. It did a direct mail campaign tocontractors, and day laborers handed out fliers. Theresponse was weak.

But when the DHA decided to go to businesses, itproved more fruitful. The President of DHA, RickSalazar, was a businessman and a former president of thelocal civic organization, League of Latin AmericanUnited Citizens. Salazar’s efforts and of DHA memberspaid off.

An Eagle Scout was enlisted to take up the daylaborer site as a service project to earn his Eagle Scoutranking. He got his troop to help him clear the site and heraised money for landscaping it. Probationers sentenced topublic service worked side-by-side with Boy Scouts anduniversity fraternity members to clean up the site.

Officer Cabrales and citizen leaders recruited alawyer to draft their non-profit charter, and an architectto draft plans for the pavilion, both free of charge. Money

and materials were donated by businesses, civic clubs andindividuals to build the pavilion roof that would serve toshelter the day laborers from the elements. Carpenters,plumbers and electricians donated their skills and labor.The City contributed by developing the road. The DHAobtained a lease agreement to use the state property for$1 per year.

When the dust had settled, the new day labor sitehad been built for less than $10,000.

Instead of withering in the Texas sun, or huddlingfrom the rain, day workers now have a roofed shelter,toilets, picnic tables, trees, and grass. A brick roadway willcircle the site, and a bulletin board will list job opportu-nities. The open-air site is highly visible, making it easyfor police to occasionally monitor for unlawful behaviorsuch as littering, drinking or gambling.

The day laborer site is open everyday from 6 a.m. to2 p.m. After 2 p.m., workers are deemed to betrespassing. The DHA has an annual budget of $3,000,which covers water, electricity and the restroom, plusinsurance coverage and the cost of fund-raising.

The benefits are that the City has saved money byreducing the amount of time police park in their cars tomonitor day laborer activity at the previous site. Also,complaints from the business community have declineddramatically.

The day laborer project in Denton, Texas, is a goodexample of how the inspired leadership of concernedresidents can bring about a creative, humane and low-cost solution to day laborer controversy, even withoutgovernment financing.

3/ Seattle, WashingtonSkillful negotiations and street education lead to a hiring site.

P R O J E C T A T A G L A N C E :TYPE: Trailer on a private lot near a homeless services agencyDATE: Established June 1999NUMBER OF DAY LABORERS: 70 on the street; similar expected at CenterETHNIC AND GENDER COMPOSITION: 72% Latino, 13% white, 12% African American, and 3% Asian Pacific Islander,

Native American and other BUDGET: $133,000/yearSOURCE OF FUNDING: private foundation grants, municipal assistance and individual donationsSTAFFING: Two full-time paid staff—a coordinator and a dispatcher

Since the early 1990s, mostly Latino day laborers have beenstanding alongside a major street at the southern edge ofBelltown, a waterfront neighborhood of Seattle. In 1998, astudy found that about 80% were Mexican, 19% Central

American, and the remainder South American. Manyconstruction contractors and fishing companies depended onthese laborers to fill temporary positions.

thp_Day Laborer Layout_2 1/3/01 2:08 PM Page 33

Page 35: Day Laborer Hiring Sites: Constructive Approaches to Community

~29~

C R E AT I V E S O L U T I O N S

Only a block away from where the Latino day laborersgathered on the sidewalks, smaller separate groups

of white and black day laborers stood on street cornersand sidewalks surrounding the long-standing, non-profitagency, Millionair Club Charity. “The Club” objected tothe day laborers on the streets because, according to itsdirector as quoted by the local newspaper, they “gave thearea a bad image.” Established in 1925, the Club providesjob placement, free meals, clothing, shelter and medicineto homeless men and women of all races andbackgrounds. However, less than a quarter of the Club’sclients used their job placement services because laborerscould earn a better wage on the street.

Meanwhile, condominium and other buildingconstruction forced the day laborers to move furtherdown the street to an area which had no place foremployers to safely stop their vehicles to hire workers. Asa result, day laborers often jumped quickly into a contrac-tors’ vehicle, and then asked what kind of work they wereoffering. Although this situation was unsafe for bothemployers and day laborers, the area remained a well-known day laborer pick-up spot.

For developers who sought to improve the appear-ance of the area to attract tourists to the waterfront andthe adjacent neighborhoods, the presence of day laborerswas seen as a threat to their investment. People had beencomplaining that the day laborers intimidated them,blocked the sidewalk, made rude remarks to women,littered and urinated in public. As a result, a group ofBelltown business people formed the Bell StreetCommittee (BSC), to look into ways of moving thelaborers out of the area.

In response to complaints by the BSC and othercitizens, the INS sent agents several times to arrest daylaborers at their gathering points. For various reasons,

including the fact that a significant percentage of daylaborers had legal residence and the right to work, the INSarrests could not eliminate the gathering of daylaborers, which was what many of the business peoplehad hoped for.

Meanwhile, representatives of the police, who werereceiving most of the complaints from businesses andneighbors, said that the majority of day laborers were notbreaking any laws: “It’s not illegal to stand on a streetcorner.”

In 1998, CASA Latina—Centro de Ayuda Solidariaa Los Amigos, a non-profit organization serving theLatino population in Seattle—began to organize thelaborers to respond to the BSC’s efforts to remove the daylaborers from the area. CASA Latina met with the daylaborers, and using “theater of liberation” (street theaterwhich incorporates real-life experiences), learned thatwhat the day workers sought most was a place that waswell-known to employers, had restroom facilities,provided shelter from the rain and was within Seattle’sfree bus zone in the downtown area, which permittedthem access to nearby social service agencies.

CASA Latina met with the Bell Street Committee,and invited day laborers on several occasions, giving theopportunity for BSC members to meet and learn aboutthe day laborers. CASA Latina then brought the daylaborer representatives to BSC meetings to facilitaterespectful discussion among business owners, police, citygovernment and the day laborers.

CASA Latina successfully negotiated with businessowners and gained support from city government,immigrants’ rights and area residents, and businessowners, to convert a nearby parking lot into a day laborerhiring center which was self-managed, secure, sanitaryand amply met the employment needs of workers.

Millionair Club in Seattle, Washington, where day laborers of all racial backgrounds gathered on surrounding blocks to await work.

thp_Day Laborer Layout_2 1/3/01 2:09 PM Page 34

Page 36: Day Laborer Hiring Sites: Constructive Approaches to Community

~30~

C H A P T E R T H R E E

This solution met everyone’s needs: Day laborersnow have a place which is only a few blocks from theoriginal hiring site, equipped with toilet facilities, ashelter from the frequent Seattle rain and within the city’sfree bus zone. Day laborers are given responsibility tohelp run the site. In addition, day laborers have greateraccess to social services due to the information andreferrals available at the center.

Employers retain easy access to the labor pool.Belltown business people are happier they no longer haveto confront the problems resulting from the day laborersgathering on busy sidewalks.

Police prefer this solution because it addresses

complaints by neighbors and frees up resources to combatserious crime.

The CASA Latina’s day laborer organizing work inSeattle was selected as a case study because it succeededin establishing a hiring center near the original gatheringarea, in spite of the formidable political obstacles posedby ongoing redevelopment of the area.

CASA Latina’s work is an upstanding model ofmanaging community controversy by involving daylaborers directly in the policy discussions, and using acollaborative approach in solving problems. Establishinggood communication early on with stakeholders was keyto the future success of this project.

4/ Glendale, CaliforniaTenacious organizing revives an abandoned project.

P R O J E C T A T A G L A N C E :TYPE: Staffed site in fenced area with a trailer for an office. City has an anti-solicitation ordinance.DATE ESTABLISHED: Open February 1997AVERAGE NUMBER OF DAY LABORERS: 70 weekdays and 90 Friday-SundayETHNIC AND GENDER COMPOSITION: 95% Latino, including many indigenous Guatemalans. Also a range of other

immigrant workers including Latvian, Jamaican, and Ethiopian. White and African American workers occasionallyparticipate. Twenty six women on average participate per month.

BUDGET: The project’s operating costs are around $50,000 per year. The site currently receives $30,000 from the city,plus about $20,000 annually in monthly dues from workers.

SOURCE OF FUNDING: private foundation grants, municipal assistance and individual donationsSTAFFING: Two full-time staff

In the mid-1990s, there were nearly 250 day laborers in the city of Glendale. About 150 men congregated on the sidewalknear the parking lot of Home Depot. Two other groups gathered near a local paint store and a U-Haul rental agency. Thesethree businesses, as well as the owners of the surrounding businesses, were constantly calling the police to complain.Customers, intimidated by the large numbers of men who would sometimes rush up to cars, also called the police or

Glendale Temporary Skilled Workers Center provides an orderlyprocess: staff interviews clients, then assigns laborers.

PHOTO: REY RODRIGUEZ

thp_Day Laborer Layout_2 1/3/01 2:09 PM Page 35

Page 37: Day Laborer Hiring Sites: Constructive Approaches to Community

~31~

C R E AT I V E S O L U T I O N S

complained to the store managers. The police triedharassing workers into leaving, with no success.

The situation in Glendale actually began in 1988.Glendale became the first city in Los Angeles County

to open a day labor center. Because it was the onlyestablished site at the time, men began to arrive from allover the area. Unfortunately, the site was in an industrialarea removed from the traditional pick-up points, next toa daycare center, and too small to accommodate thenumber of men who began to arrive. Employers startedpicking up day laborers outside on the sidewalks, manymen returned to the streets, and daycare parentscomplained of the crowds, all leading to the demise ofthe project.

By 1996, the situation had once again becomeuntenable. The gathering of day laborers had beenassigned to the community policing department. Anofficer conducted an informal survey of the workers anddiscovered that most of the day laborers were legalpermanent residents in the U.S. and thus authorized towork. It was then that he decided to seek a positive non-punitive solution. Two officers began looking at other daylabor centers in the region and wrote a grant to the Cityrequesting funds for a similar project in Glendale. TheCity committed both start-up money and operatingfunds. They also provided a construction crew to helpbuild the site. A piece of unused Metrolink propertyacross the street from Home Depot was secured at lowrent, and Home Depot donated nearly $50,000 worthof supplies, including concrete to cement the area,fencing, benches, canopies, and tables. CatholicCharities, a non-profit organization, agreed to be thesponsoring organization.

While construction was taking place, an organizerwas hired to work with day laborers in preparation for themove. The organizer began by discussing with the daylaborers what their priorities were. It immediatelybecame clear that their number one priority was to getwork at a decent wage.

The Temporary Skilled Workers Center operateson the premise that their most important function is tohelp the laborers secure jobs at a fair wage. In Glendalethe men have agreed on a $7 per hour minimum, butoften get more. They have a high placement rate withupwards of 90% employment, achieving this throughworker outreach, distributing flyers at local stores and tocustomers and at the former gathering sites. They alsoplanted a colorful garden in front, and always have menworking there in bright orange vests to attract customers.They conduct customer surveys and emphasize anatmosphere of professionalism. Center staff helps recoverlost wages by calling and writing employers who have not

paid workers as agreed. The center now has ESL andcomputer classes, but consider these secondary services.With the help of high school volunteers they havecreated their own Web Site (www.daylaborers.org).

The One Stop Centers distinguish themselves bytheir high level of worker involvement. The centers areestablishing themselves as independent non-profits andinsist that their mandatory dues programs ($20-30 permonth depending on the center) give members a sense ofownership and self-sufficiency. Workers themselvesdecide on policies from the job distribution model to howto allocate the budget. The center is run by a centralcommittee which brings all decisions to the membershipfor approval.

The centers have kept employment high throughthe controversial practice of “boycotting” the existingcorners. Men from the centers visit the old corners wheresmall numbers of day laborers remain to invite them tothe centers. However, their bright orange vests, andleaflets warning employers that the men at the cornermay be untrustworthy, have created an atmosphere ofconflict between those in the center and those still on the

English classes conducted at the Temporary Skilled Workers Center in Glendale, California.

PHO

TO: R

EYRO

DRI

GU

EZ

thp_Day Laborer Layout_2 1/3/01 2:10 PM Page 36

Page 38: Day Laborer Hiring Sites: Constructive Approaches to Community

~32~

C H A P T E R T H R E E

5/ Si l ver Spring, MarylandCASA Maryland builds a multi-service center for labore r s .

P R O J E C T A T A G L A N C E :TY P E: St a f fed site com p rised of a re n ovated tw o - s t o ry house on a large lot. The building contains offices and cl a s s ro om s

to teach job training skill s , English litera cy, legal ri g h t s , health educa t i on and work e r s ’ a s s o c i a t i on s .T h e re is no anti-s o l i c i t a t i on ord i n a n c e .

DAT E: Established 1993NU M B E R O F D AY L A B O R E R S: 6 0 - 1 4 0ET H N I C A N D GE N D E R CO M P O S I T I O N: 40% Sa lv a d o ra n ; 40% Gu a t e m a l a n ; 10% Mexica n ; 10% Afri can Am e ri can and

South Am e ri ca n . 30% Wom e n . 25-30% of those who use the Center’s varied services are wom e n ,m o s t ly Sa lv a d o ra n .BU D G E T: $158,000 (1999), 40% from Mon t gom e ry and Prince George county gove rn m e n t s , and 60% from pri v a t e

f o u n d a t i on s . A ll the Center’s pro g ra m s , e m p l oym e n t , job tra i n i n g, tenant organizing and legal serv i c e s , h a ve a totalbudget of $385,000.

SO U R C E O F FU N D I N G: p rivate foundat i on gra n t s , municipal assistance and individual don a t i on sSTA F F I N G: 3.5 full-time staff, plus 10-20 volunteers.

As early as 1984, day laborers ga t h ered toawait employment at a 7-Eleve nc o n venience store parking lot,n ext door toa paint store, in a suburban neighborhoodknown as Silver Spri n g , l o ca ted inM o n t go m ery County, M a ry l a n d. S i l verS p ring is in one of the ri chest counties inthe U. S . By 1990, the numbers ofd a yl a b o rers had increased to more than 100,a sthe Latino immigrant population inM o n t go m ery County grew to over 54,000.

Complaints about the assemblage ofd ay laborers in the p a rking lot were

v a ried and came from diffe rent sourc e s .Business owners complained that thec rowds of men intimidated custom e r s .O f ficials of a ch u rch , l o cated on the westend of the parking lot, a s s e rted that thew o rkers ve rb a lly harassed the fe m a l e

s t re e t . The center staff defends this practice by pointingout that this activity supports those willing to part i c i p a t eby ensuring the employers go to the site. Those on thes t reet feel that the mandatory dues are too high forpeople just bare ly surv i v i n g, and that the center’s tacticsa re a form of hara s s m e n t . M e d i a t i on is being sought ove rthese issues. The fact that the center re s t ricts the numberof new members and charges them dues, while simu l t a-n e o u s ly supporting a complete ban on day laborers in allthe public areas of the city, has raised con c e rns about dayl a b o re r s ’ c on s t i t u t i onal right to fre e ly com mu n i cate their

a v a i l a b i l i ty for work . Despite these pro b l e m s , the site hasmu ch to offer as a model of an effe c t i ve center with highl evels of employment and of day laborer part i c i p a t i on .

The One Stop Centers were chosen as case studiesb e cause they have successfully focused on building ane m p l oyer base to ensure high levels of employm e n t .T h eyalso have a high level of worker part i c i p a t i on , i n cluding amembership dues pro g ra m , d e c i s i on-making com m i t t e e sand work e r - d ri ven outre a ch . These projects are work i n gt ow a rd a goal of self-sustainability.

CASA of Maryland guide for workers and employers.

Page 39: Day Laborer Hiring Sites: Constructive Approaches to Community

~33~

C R E AT I V E S O L U T I O N S

members of their mostly white and African Americancongregation. Other residents complained that the hiringsite was being allowed to “bring all of El Salvador to thatcorner.”

In August of 1990, INS agents carried out enforcementactions aimed at the day laborers in the 7-Eleven parkinglot. A total of 33 men were arrested on two separate occasions.The INS actions resulted in some day laborers running intothe street, which caused one INS vehicle to get into a minoraccident. In September, a community meeting was organizedto discuss solutions to the problem.

In 1991, CASA (Central American Solidarity andAssistance) of Maryland set up the Day Laborer AssistanceProject, which provided legal rights education andadvocacy to day laborers at the hiring site. An employmentcoordinator began to visit the site monthly. In October,1991, a local college donated a trailer that was set up in theparking lot for a six-month trial period under an agreementwith the owners. However, pressure from businesses andthe church prevented renewal of the agreement.

In 1992, CASA organized a large demonstration todemand local government support for a long-termsolution. CASA met with the area’s representative inCongress, Albert Wynn, who became a supporter ofsetting up a center on a separate location. He helpedobtain a meeting with the INS District Director, whichspurred positive bi-monthly meetings with the INS.

That year, CASA met with county officials who agreedto set up an advisory committee to make recommendationsfor resolving the conflict. The committee included represen-tatives from all the key stakeholders: churches, businesses,police, government, CASA, day laborers and homeownerassociations. The committee decided to set up an alternativehiring site and met monthly for two years.

In August, 1993, the committee identified apermanent hiring site, a house one-half block from theoriginal location, which was to be renovated to meet theneeds of the project. By December, CASA and countygovernment began recruiting day laborers to the new site.The Center was completed in 1998.

The CASA of Maryland Center for Employment andTraining is fully operational, with orientation sessionsoccurring twice a week. At these sessions, workers arerequired to sign a contract agreeing to abide by theCenter’s regulations (See ‘Resources’ Section inAppendix). The first time a worker violates a rule, such asentering the Center’s premises under the influence ofdrugs or alcohol, he/she receives a verbal warning. Arepeat violation warrants a prescribed sanction. The daylaborers obtain a photo identification card which isrequired to use the Center. The regulations, along withpenalties for violating them, were developed with the

input of workers and staff over an eight-month period.The Center staff work as mediators to help workers

negotiate better wages and ensure payment promised bythe employer. The staff also receives and investigatesemployer complaints about workers. Numbers of jobs,however, remain low.

In 1998, about 45-55 day laborers found jobs each dayduring the busy summer months. During winter, however,the number of jobs drops to fewer than 20. Jobs are distrib-uted by lottery. Those who receive a high number knowthat they will not get work through the Center that day,and return to the parking lot. The police have a substationhoused in a trailer there, aggressively ticketing anyone inthe parking lot for loitering. The penalty is $500 orvolunteer service. CASA remains concerned aboutpotential police misconduct towards laborers who are stillin the street. They advocated for and obtained a Spanishspeaking officer in the area, which has greatly improvedcommunication between law enforcement officials and day laborers.

Because County and police officials have insisted thatall workers must remain on CASA’s premises while waitingfor work, competition has emerged between Latino andAfrican American day laborers. Some African Americanday laborers express frustration at being confined to theCenter because, unlike many Latino day laborers, they donot need language assistance from Center staff to negotiatetheir wages.

Responding to growing tensions between AfricanAmerican and Latino day laborers in 1997 and 1998,CASA held a series of multicultural conflict resolutionworkshops in order to begin dialogue between the groups.In addition, the center has done an exemplary job ofincorporating women workers who do domestic day laborand use other center services.

Workers interviewed stated that they prefer being atthe center because there was opportunity for participationin the center’s operations, more security knowing thatemployers will pay the agreed-upon wages, and because ithelped them avoid being cited for loitering when standingoutside the center. However, the leadership of a neighbor-hood civic association strongly opposes the project, arguingthat workers still stand outside the center on the street,causing property values to decline. They also complain oflittering. CASA representatives attend monthly communitymeetings to address such problems. There have been nocomplaints about criminal behavior by day laborers.

Although CASA’s day laborer program still faceschallenges, it has succeeded in creating one of the mostcomprehensive, multi-service center for workers in thecountry.

thp_Day Laborer Layout_2 1/3/01 2:10 PM Page 38

Page 40: Day Laborer Hiring Sites: Constructive Approaches to Community

~34~

San Rafael, California: A Case Study

San Rafael provides a cautionary tale of how daylaborer issues can ignite into community conflict. InSan Rafael, the presence of day laborers became the

rallying point for many anti-immigrant activists. Thepoliticization of the issue, just at the moment when thevarious concerned parties were realizing a collaborativesolution, resulted in the abandonment of a proposedproject to establish a day laborer hiring center and in thecontinuation of problems on the street corners.

Conflict ArisesIn San Rafael, as elsewhere, day laborers became a symbolof an increasing working-class Latino population in atraditionally affluent white area. The Latino populationand the day laborer hiring sites were, and are, heavilyconcentrated in the Canal district, a mixed area ofcommercial establishments, apartment buildings, andlarge single family dwellings whose picture windows andredwood decks line the waterway. In the 1980s, the Canalarea saw a dramatic population increase of 55%, asopposed to 8% citywide, making it the most denselypopulated neighborhood in the county. The incomingresidents were largely Latino and Southeast Asianimmigrants.

The changing demographics of the community,and the day laborers’ particularly visible presence, raisedfeelings of fear and resentment. One disgruntled Canalresident expressed an extreme version of thesesentiments, “It gives the town a cheap image to see thestreets peppered with Mexicans…the Canal, believe it ornot, was once a prestigious place to live…look what theanimals have done to it.” Business owners complained oflosing customers, litter and other problems, and lobbiedfor a hiring center. In response, a group of establishedarea residents and anti-immigrant activists attacked thisplan by relying on what the local police captain referredto as “a politics of fear.”

Day labor first arose as an issue in San Rafael in1989. On February 12, a very sympathetic articleappeared in the local newspaper, The Marin Independent

Journal (MIJ), portraying the day laborers as family-oriented, religious, hard-working, patriotic men facinghard times—the best of the immigrant tradition. Thearticle ended by quoting a day laborer, “Everybody looksup to the United States as a democracy. I always wantedto be a part of it and to embrace the flag. But life isgetting harder.” The next month, the INS raided a daylaborer hiring site outside a 7-Eleven store in the Canaldistrict. The MIJ reported that this was thought to be thefirst INS raid in the county. Several community and civilrights groups denounced the action and city officialsasked the INS to explain its procedures.

Community CollaborationBy 1990, the city and other agencies and residentialgroups had become involved in the issue. In March of1990, the City Council held a community meeting toaddress neighborhood concerns in the Canal district.Approximately 200 people attended the meeting andexpressed their concern over a variety of mattersincluding crime, trash, and the day laborer hiring sitewhich was felt to be “a threat” by many members of thecommunity. Out of this meeting came the formation ofthe East San Rafael Neighborhood Task Force(ESRNTF), an attempt at creating a multi-culturalcommittee to bring together representatives from theCity, police, neighborhood residents, business owners andsocial service providers. At their first meeting, theESRNTF decided to pursue the strategy of establishing ahiring center to address the day laborer issue and beganto look for an alternative site.

The ESRNTF moved slowly through 1990 and 1991on the issue. After one particularly contentious meeting,a group of disgruntled attendees decided to form theCanal Area Property and Business Owners Association(CPBA). The CPBA quickly explored how other areaswere dealing with similar problems. The CPBA,members of the ESRNTF, and city staff came up with a“Clean-up Plan” which included a day laborer hiringcenter, as well as street sweeping, better policing andmore code enforcement. In January, 1992, the CityCouncil gave conceptual approval to the plan, and city

What Can Go WrongC H A P T E R F O U R

thp_Day Laborer Layout_2 1/3/01 2:10 PM Page 39

Page 41: Day Laborer Hiring Sites: Constructive Approaches to Community

staff began the task of working out all logistical details.In the case of the day laborer center, this meant raisingmoney, finding a site, gathering support and arrangingfor needed materials and set-up. A representativecommittee—composed of city staff members, residents,business owners, social service agency staff members,and advocates for the day laborers (although no daylaborers themselves)—convened to work on the realiza-tion of the project. The committee met weekly fromFebruary through May.

Solution Derailed by Anti-Immigrant CampaignAt this point, the “illegal alien” issue had been brought uponly in connection with criminal activity (prostitutionand drug dealing). Both the CPBA and the City/ESRNTFproposals made it clear that the hiring center would beopen to all workers and the responsibility of checkingdocuments should be left to the employer. However,within a year, the day laborer issue came to galvanize theanti-immigrant movement in Marin, spawning variousactivists who went on to lead the state-wide movement todeny any basic services including health and education, toundocumented immigrants under proposition 187. Thefusing of the two issues—day labor and illegal immigra-tion—continued as the more radical anti-immigrationistsof CPBA broke off to form their own organizations inorder to oppose the CPBA-proposed hiring center. CPBAmembers split off to form MIGRA (which is slang inSpanish for the INS) and STOPIT (Stop The Out-of-control Problem of Immigration Today). The primaryfocus of CPBA and other business owners and residentshad been “improving” their neighborhoods and they weremore concerned with the ends than the means. MIGRAand STOPIT were promoting much more openly ideolog-ical agendas which held immigration to be a detriment tothe city and the country.

While plans for the day laborer center wereprogressing, the opposition gained momentum. At a CityCouncil meeting in May of 1992, the joint committeepresented a very detailed plan for a day laborer center.They also proposed asking the responsible transportationagency to locate the hiring center at a park-and-ride lot.The City Council approved the plan and began makingproposals for sites.

Meanwhile, MIGRA and CPBA were trying newtactics. They called in the INS, who conducted severalsweeps at the original hiring site. These actions weredenounced by civil libertarians such as the ACLU, whopointed out that raids would scare away both day laborersand employers, eliminating jobs for all workers,documented or not. By January of 1993, STOPIT and the

Canal Area Neighborhood Alliance, which according toits recruiting mailer had been formed specifically “to stopthe illegal alien job center,” joined MIGRA in the opposi-tion campaign. STOPIT President Bette Hammond toldthe local paper that because of the planned hiring center“people deep inside of Mexico are receiving fliers tellingthem to come to San Rafael.” The CPBA had also electeda new president who shared the anti-immigrant activistsviews and asked the City Council at the January meetingto “scrap” the center.

By this time, the city had secured substantialfunding for the program: $44,000 for a trailer from thefederal government and $288,000 for operating expensesfrom the Marin Community Foundation. The committeehad also chosen a new site, a vacant lot owned by the citynear the informal hiring site. The City Council approvedthe committee’s recommendations, but before they couldbe implemented, the plan was undermined.

The INS began another series of sweeps on thestreet. Immediately following each INS action thenumber of men at the hiring sites dropped sharply, butalways only temporarily. Rick Oltman, president ofMIGRA, threatened a recall campaign of the Mayor, andin May he began to circulate a recall petition. Soon theMIJ was reporting, “City officials, who two weeks agosaid immigration raids were sabotaging plans for thehiring hall, now welcome the raids saying they willeliminate the need for the hall.”

On June 3, 1993, after three years of discussion, andafter having finally secured funding, the site and the usepermits, the City Council voted to put the hiring centeron hold. Opponents to the day laborers’ presence thenstepped up their confrontational tactics. Protesters heldseveral pickets, walking among the workers sporting signsdepicting a slash through a day laborer, and passing outfliers to the workers that warned in Spanish, “Thecommunity is angry that you continue to stand on ourstreets.” The fact that most of the men lived closer to thehiring site than some of the picketers did not affect theprotesters assumption about who the community was, orwhose streets they were. The day laborer opposition alsomade the hiring center a central issue in the City Councilelections.

On February 10, 1994, 150 people attended theCity Council meeting, which lasted over two hours.Outside ten police officers lined up between opposinggroups of protesters, separating supporters andopponents of the day laborer center. The newly electedCity Council voted unanimously to abandon the hiringcenter project. Business owners complained thatsomething needed to be done to get the men off thestreet. Although anti-immigrant groups claimed victory,

~35~

thp_Day Laborer Layout_2 1/3/01 2:10 PM Page 40

Page 42: Day Laborer Hiring Sites: Constructive Approaches to Community

~36~

C H A P T E R F O U R

the reality is that today the men remain on the street.

Conflict ContinuesFive years after the controversy, the situation remainsunchanged. Neither the protesters nor the INS sweepssolved the problem. As the local police captain, MichaelCronin, explains,

“INS enforcement had no long term positiveeffect. It chased the guys off the street for twoor three days and then they returned. Theresult was to alarm a lot of people in thecommunity, and there was some backlash.”

The numbers of day laborers on the street have onlyrisen; each day, 100-150 men gather along a strip outsidea shopping mall. The police continue to receivecomplaints from nearby businesses and customers. Theissue is often raised in community forums, and localfemale residents, who feel intimidated by frequent cat-calling, express their frustration at being unable to shopat the only stores within walking distance. Workers alsohave complaints about the current situation. Someworkers feel unprotected; for example, workers have beenhurt on the job and left half a block from Marin GeneralHospital by employers.

What has changed is the atmosphere. San Rafael

residents are still concerned with the issue but are familiarwith the laborers’ presence.

According to the local police captain,

“Five or six years ago, people were reactingbased on fear. Now people are calmer andmore rational. We are in a much betterposition. Today a job center would meet withfar less resistance than five or six years ago.Then some people felt if they raised enoughhell they could make ‘them’ go away. But theproblem is far bigger than San Rafael and it isnot going to go away. Now we can try to dealwith it in an orderly fashion.”

The police are interested in exploring a long-termsolution which they say would involve a center near theoriginal site, run fairly, and where workers would not beharassed. However, to realize this goal, the process mustcommence again from scratch. A site must be found,funding secured, and the workers convinced of theproject’s benefits.

San Rafael reminds us that day laborers will notsimply go away as long as the demand for their workcontinues—not through harassment, INS sweeps, norvilification. Communities would fare better to embracelong-term collaborative solutions.

thp_Day Laborer Layout_2 1/3/01 2:12 PM Page 41

Page 43: Day Laborer Hiring Sites: Constructive Approaches to Community

~37~

Do you need some ideas about how to go about organizing day labore r s, or howto run an effe c t i ve hiring project? In this ch a p t e r, we provide you with sample materials which aretaken from diffe rent day laborer projects around the country.

If you still need more inform a t i on about handling a certain aspect of your com mu n i ty con t rove r s y, o rmaking your hiring project work effe c t i ve ly, we also list in this chapter contact inform a t i o n s oyou can get in touch with those people who are most knowledgeable about the day laborer hiring centers andorganizing projects which we learned about in the course of doing this manual.

Guide to Sample Materials

FO R HI R I N G PR O J E CT: Public Relations“People Have Been Misinformed,” Los Angeles Ti m e s , F e b ru a ry 27, 1994 . . . . . . . . . . . . . . . . . . . 3 8

FO R DAY LA B O R E R OR G A N I Z I N G:“¿Sabías qué…?” C H I R L A comic strip on day laborer responsibilities, Spanish . . . . . . . . . . . . . . . . . . 3 9“Did You Know?” C H I R L A comic strip on false documentation, English . . . . . . . . . . . . . . . . . . . . . . . . 4 0“¿Sabías qué…?” C H I R L A comic strip on false documentation, Spanish . . . . . . . . . . . . . . . . . . . . . . . 4 1“ Your Right to a Safe Workplace” C H I R L A i n f o rmational pamphlet, English . . . . . . . . . . . . . . . . . . . . 4 2“ P rograma de Jorn a l e ros” C H I R L A-supplied work journal for day laborers, Spanish . . . . . . . . . . . . . 4 4

FO R HI R I N G PR O J E CT: O u t reach and Marketing“Center Programs,” Casa de Maryland, Silver Spring, MD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6“Employer Perf o rmance Surv e y,” Te m p o r a ry Skilled Worker Center of Glendale, CA . . . . . . . . . . 4 8“Atención Jorn a l e ros,” C H I R L A R e c ruitment flyer for Day Laborer Leadership School . . . . . . . . . . 4 9“Attention Employers,” Hollywood Community Job Center, Hollywood, CA . . . . . . . . . . . . . . . . . . 5 0

FO R HI R I N G PR O J E CT: Rules & Regulations“Regulations and Violations,” Casa de Maryland, Silver Spring, MD, English . . . . . . . . . . . . . . . . . 5 1“Regulaciones y Violaciones,” Casa de Maryland, Silver Spring, MD, Spanish . . . . . . . . . . . . . . . . . 5 2

ResourcesA P P E N D I X A

Page 44: Day Laborer Hiring Sites: Constructive Approaches to Community

~38~

R E S O U R C E S

Page 45: Day Laborer Hiring Sites: Constructive Approaches to Community

~39~

A P P EN D I X A

Page 46: Day Laborer Hiring Sites: Constructive Approaches to Community

~40~

R E S O U RC E S

Page 47: Day Laborer Hiring Sites: Constructive Approaches to Community

~41~

A P P EN D I X A

Page 48: Day Laborer Hiring Sites: Constructive Approaches to Community

~42~

R E S O U R C E S

Page 49: Day Laborer Hiring Sites: Constructive Approaches to Community

~43~

A P P EN D I X A

Page 50: Day Laborer Hiring Sites: Constructive Approaches to Community

R E S O U R C E S

~44~

Page 51: Day Laborer Hiring Sites: Constructive Approaches to Community

A P P EN D I X A

~45~

Page 52: Day Laborer Hiring Sites: Constructive Approaches to Community

~46~

R E S O U R C E S

Page 53: Day Laborer Hiring Sites: Constructive Approaches to Community

~47~

A P P EN D I X A

Page 54: Day Laborer Hiring Sites: Constructive Approaches to Community

~48~

R E S O U R C E S

Page 55: Day Laborer Hiring Sites: Constructive Approaches to Community

~49~

A P P E N D I X A

thp_Day Laborer Layout_2 1/3/01 2:22 PM Page 54

Page 56: Day Laborer Hiring Sites: Constructive Approaches to Community

~50~

R E S O U R C E S

thp_Day Laborer Layout_2 1/3/01 2:22 PM Page 55

Page 57: Day Laborer Hiring Sites: Constructive Approaches to Community

A P P E N D I X A

~51~

Page 58: Day Laborer Hiring Sites: Constructive Approaches to Community

R E S O U R C E S

~52~

Page 59: Day Laborer Hiring Sites: Constructive Approaches to Community

~53~

BREA, CALIFORNIACITY OF BREA JOB CENTERRoy Escarzaga, COORDINATOR

WEBSITE: www.ci.brea.ca.us340 N. Orange Ave. • Brea, CA 92821 ~ (714) 990-6384 • (714) 990-7123 fax

The Job Center provides an appropriate site where laborers and employers can meet to arrange a mutually accept-able agreement for laborer services. The City provides the site with minimum services: 1) outreach to day laborersand employers, and marketing of Center; 2) an orderly and fair method of assigning labor to contractors; 3)information and referral services to outside programs such as ESL classes, job counseling, etc.; and 4) life skillclasses covering topics related to survival in another country, health information, credit counseling, immigrationupdates, etc.

DENTON, TEXASDENTON HUMANITARIAN ASSOCIATION’S WORKER EXCHANGE PARKRick Salazar, PRESIDENT

E-MAIL: [email protected] E. Hickory #E • Denton, TX 76205 ~ (940) 387-6455 • (940) 382-7416 fax

Featured in Chapter 3 of this manual.

GLENDALE, CALIFORNIATEMPORARY SKILLED WORKER CENTER / DAY LABORERS ORGANIZATION, INC.Lynn Svensson, ORGANIZER/EXECUTIVE DIRECTOR

E-MAIL: [email protected] • WEBSITE: www.daylabor.org5101 San Fernando Road • Glendale, CA 91204 ~ (818) 548-6495 • (818) 546-9042 • (818) 218-3051 pager •(818) 541-9494 fax

ONE STOP WORKER CENTER/DISPATCH has projects in Alhambra, CA; El Monte, CA and Pomona, CA.Contact name and numbers the same as above.

Staffed hiring hall, bathrooms, small trailer, covered waiting areas, computer lab for workers, ESL and computerclasses 5-6 mornings a week by paid teacher. Two full-time directors on staff. Center open 365 days a year. Daylaborer and domestic workers. 99% Latino, and of these, 34% Indians with Spanish as a second language. Averagenumber of workers daily: 82 in the warmer months, 60 in the winter. Soccer team, volunteer community service,workshops on taxes, domestic violence, Indian/Non-Indian Latino conflict resolution, mediation, effectivecomplaints, and negotiating wages. Women’s and Indigenous’ Workers Committees, as well as general workers’committee. Minimum wage for unskilled laborers $7/hour, for domestic workers $10/hour. 93% employment averagefor last 2 years. Emphasis of Center on high level of employment, high wages, and good working conditions.Workers make policy decision through consensus. Workers pay $20/month in dues. Job distributed by list—workerssign up in order they come in (except those present at opening—the first group is raffled).

Featured in Chapter 3 of this manual.

Project ContactsA P P E N D I X B

thp_Day Laborer Layout_2 1/3/01 2:27 PM Page 58

Page 60: Day Laborer Hiring Sites: Constructive Approaches to Community

HOUSTON, TEXASGANO-CARECENMike McMahon, DIRECTOR

6006 Bellaire, Suite 604 • Houston, TX 77081(713) 665-1284 • (713) 665-7967 fax

HUNTINGTON BEACH, CALIFORNIAHUNTINGTON BEACH POLICE DEPARTMENTLt. Luis Ochoa• E-MAIL: [email protected] Main Street • Huntington Beach, CA 92648(714) 374-1533 • (714) 375-5167 fax

Staffed job center for city residents. We anticipateadding job training and full-time placement opportu-nities in the future.

LOS ANGELES, CALIFORNIACOALITION FOR HUMANE IMMIGRATION RIGHTSOF LOS ANGELES (CHIRLA)WEBSITE: Chirla.org • E-MAIL: [email protected] Narro, WORKERS RIGHTS PROJECT COORDINATOR

1521 Wilshire Blvd. • Los Angeles, CA 90017(213) 353-1783 • (888) 624-4752 • (213) 353-1344 fax

Several city-sponsored day laborer programs where weprovide ESL classes, legal clinics, health clinics, and jobtraining classes. The project provides leadershiptraining and promotes positive human relationsbetween day laborers, local residents, police,businesses, and community organizations.

CHIRLA’s Woodland Hills project is featured inChapter 3 of this manual.

LOS ANGELES, CALIFORNIAMEXICAN AMERICAN LEGAL DEFENSE &EDUCATION FUND (MALDEF)Thomas Saenz, ESQ., REGIONAL ATTORNEY

WEBSITE: Maldef.org • E-MAIL: TSAENZ @Maldef.org634 S. Spring St., 11th Fl • Los Angeles, CA 90014(213) 629-2512 • (213) 629-0266 fax

MALIBU, CALIFORNIAMALIBU COMMUNITY LABOR EXCHANGE, INCMona Beth Loo, PRESIDENT OF BOARD

E-MAIL: [email protected] Mondragon, EXECUTIVE DIRECTOR

E-MAIL: [email protected] Civic Center Drive • Malibu, CA 90265(310) 317-4717 • (310) 457-8684 fax

Staffed hiring center, open six days per week, dailymake-your-own-sandwich lunch program, andoccasional English classes. Run by non-profit charity

(501c3) all volunteer Board of Directors. Presentlyfunding is 84% private grants and public donationswith 16% from a City of Malibu sponsoredCommunity Development Block Grant. Requires asupportive community with an active and committedBoard of Directors. City CDBG funding started at$35,000 and in 6 years was cut to its present $9,000level. Current budget is $57,000, which includesManager/Director salary, insurance, utilities, supplies,outreach/advertising, etc. Local churches donate foodfor sandwich program.

NORTH HOLLYWOOD, CALIFORNIANORTH HOLLYWOOD LABORER SITETony Bernabe, SITE COORDINATOR

11841 Sherman Way • North Hollywood, CA 91605(818) 503-9006 • (818) 503-8842 fax

CHIRLA-run staffed hiring center that offers equalemployment opportunities for everyone. The centeralso offers English classes, sport and cultural acitivities,participation in all community acitivies such as clean-ups and graffiti removal, legal services, andreferral services.

ORANGE, CALIFORNIACITY OF ORANGE RESOURCE CENTERPam Doss, RESOURCE CENTER SUPERVISOR

230 E. Chapman • Orange, CA 92866(714) 633-2753 • (714) 633-7446 fax

The Resource Center is staffed with bilingualpersonnel. It offers English classes on site, providesclients with referrals to legal, medical, and socialservices.

SAN DIEGO COUNTY, CALIFORNIACARLSBAD HIRING CENTERPablo Jimenez, MANAGER • E-MAIL: [email protected] Mission Ave., Suite 123 • Oceanside, CA 92054(760) 929-8121 • (760) 929-8090 fax

San Diego County SER/Jobs for Progress, Inc. operatesthree employment centers—in Carlsbad, Pacific Beach,and Vista. They all offer the same services with somevariations. They assist the public by means ofplacement assistance for applicants and employershiring for permanent, part-time, temporary and cauallabor employment. In addition, the Centers offernumerous other resources for the unemployed. Forexample: income tax assistance, food, clothing andreferrals, etc.

~54~

R E S O U R C E S

thp_Day Laborer Layout_2 1/3/01 2:27 PM Page 59

Page 61: Day Laborer Hiring Sites: Constructive Approaches to Community

SAN FRANCISCO, CALIFORNIADAY LABORER PROGRAM OF SAN FRANCISCO •Renee Saucedo, DIRECTOR

E-MAIL: [email protected] Valencia St., Ste. 295 • San Francisco, CA 94103(415) 252-5375 • (415) 255-7593 fax

The program is a liaison between employer andworkers. It has clinics on legal and employment rights,ESL and job training. It is also an advocacy agency.The Center also offers health and mental clinics withnurses, doctors, and therapists.

SEATTLE, WASHINGTONCASA LATINAJaime Mendez, COMMUNITY ADVOCATE

WEBSITE: www.casa-latina.org2217 4th Ave. • Seattle, WA 98121(206) 956-0779 • (206) 956-0780 fax

Staffed hiring center that offers ESL classes,information and referral services, computer and smallbusiness class.Featured in Chapter 3 of this manual.

SILVER SPRING, MARYLANDCASA DE MARYLAND CENTER FOREMPLOYMENT AND TRAININGGustavo Torres, EXECUTIVE DIRECTOR

E-MAIL: [email protected] University Blvd., East • Silver Spring, MD(301) 431-0110 • (301) 270-8659 fax

Featured in Chapter 3 of this manual.

VISTA, CALIFORNIASAN DIEGO COUNTY SER Jim LundgrenE-MAIL: [email protected] Summerhill Drive • Encinitas CA 92024(760) 944-0786 • (760) 942-5272 fax

The Vista Employment Training Center offersmanaged employment training, basic English andcomputer literacy instruction. State-certified HomeHealth Aid classes. Job development and placementservices.

~55~

A P P E N D I X B

thp_Day Laborer Layout_2 1/3/01 2:27 PM Page 60

Page 62: Day Laborer Hiring Sites: Constructive Approaches to Community

~56~

R E S O U R C E S

ORDINANCES AGAINST PROJECTCITY COMMUNITY PROJECT SOLICITATION OF WORK CONSIDERED EFFECTIVE?

FLORIDA: DADE COUNTY No Yes NOT APPLICABLE

ACLU filed suit because noand still in court project (N.A.)

GEORGIA: CITY OF COLLEGE PARK No Yes N.A.

ILLINOIS: CHICAGO No No N.A.

MARYLAND: SILVER SPRING Yes No Yes

NEVADA: LAS VEGAS Yes Yes YesUnderstaffed

GEORGIA: CITY OF COLLEGE PARK No Yes N.A.

NEW YORK: GLEN COVE Yes No Yes

NEW YORK: HEMPSTEAD No Yes N.A.

TEXAS: CONROE Yes No YesUnderstaffed

TEXAS: AUSTIN Yes No Yes

Day Laborer Projectsand Ordinances List

O U T S I D E O F C A L I F O R N I A 1 9 9 8

thp_Day Laborer Layout_2 1/3/01 2:29 PM Page 61

Page 63: Day Laborer Hiring Sites: Constructive Approaches to Community

~57~

A P P E N D I X B

DAY LABORER PROJECT IN EXISTENCE? IS THERE AN ORDINANCE AGAINST DOES CITY/COMMUNITYCITY / COMMUNITY PROJECT / TYPE SOLICITATION OF WORK? CONSIDER IT EFFECTIVE?

AGOURA HILLS No Yes Not Applicable, (N.A.)no project

ALHAMBRA No Yes Yes

ANAHEIM No Yes N.A.

BREA Yes by City / Staffed No Yes

CALABASAS No No N.A.

CAMBRIAN No Yes N.A.

CARLSBAD Yes by Non-Profit No (Indirect Laws) Yes

CONCORD Yes by City / Staffed Yes Yes

COSTA MESA Yes ~ City Yes Yes

CUDAHY No Yes N.A.

DANA POINT Yes by City / Telephone Yes Yes

DUARTE No Yes N.A.

EL MONTE Yes / Non-Profit Yes Yes

ENCINITAS No No N.A.

GARDENA No Yes N.A.

GLENDALE Yes by City / Unstaffed Yes ~ Restricted to Specific Area Yes

HUNTINGTON BEACH Yes Yes To early to tell

INDUSTRY Yes / For-Profit Yes / Not Enforced by D.A.’s office Yes

LADERA HEIGHTS Yes Yes Yes

LAGUNA BEACH Yes by Police / Unstaffed Yes N.A.

LAKE ELSINORE Yes Yes

LAWNDALE No Yes N.A.

Day Laborer Projectsand Ordinances List

C A L I F O R N I A 1 9 9 8

thp_Day Laborer Layout_2 1/3/01 2:29 PM Page 62

Page 64: Day Laborer Hiring Sites: Constructive Approaches to Community

DAY LABORER PROJECT IN EXISTENCE? IS THERE AN ORDINANCE AGAINST DOES CITY/COMMUNITYCITY / COMMUNITY PROJECT / TYPE SOLICITATION OF WORK? CONSIDER IT EFFECTIVE?

LOS ALTOS Yes by Church / part of Mtn View Yes: No Congregating Can’t tell

LOS ANGELESYes / City • Harbor City

No YesHollywood • North Hollywood

MALIBU Yes by Non-Profit / City Staffed Yes Yes

MONROVIA Yes by For-Profit Yes Yes

MOORPARK No No N.A.

MOUNTAIN VIEW Yes by Church / Staffed No ?

OAKLAND No No N.A.

ORANGE Yes by City Yes Yes

PALO ALTO No No N.A.

PASADENA Yes by For-Profit No Yes

POMONA Yes by Non-Profit Yes Yes

RANCHO CUCAMONGA No Yes: Loitering, Soliciting N.A.

REDONDO BEACH No Yes N.A.

REDWOOD CITY No No N.A.

RIVERSIDE No Yes N.A.

SACRAMENTO No No N.A.

SAN DIEGO PAC BEACH Yes by Non-Profit No Yes

SAN FRANCISCO Yes by City / 1 main, 4 satellites No Yes

SAN JOSE Yes by Church / Staffed Indirect: Curfew & Loiter ?

SAN MATEO No Yes N.A.

SAN RAFAEL No No N.A.

SANTA ANA Yes by For-Profit Yes: Loitering Yes

SANTA CLARITA / NEWHALL No Yes N.A.

SIERRA MADRE No No N.A.

TOPANGA CANYON No Yes: L.A. County N.A.

VISTA No No N.A

~58~

thp_Day Laborer Layout_2 1/3/01 2:29 PM Page 63

Page 65: Day Laborer Hiring Sites: Constructive Approaches to Community

NOTE: the first number following theword or term is page number; it may befollowed by ‘(2.1)’ which indicatesparagraph number.

AACLU (American Civil Liberties Union), 35,

38African American, 27, 28,30, 32,33Agoura Hills, 7, 23 (9.4), 24 (9.10), 57Alliances, 8, 12, 21, 22Anti-immigrant

activists, 34, 35groups, 10

Architect, 1, 28Asian and Pacific Islander, 2, 28

BBell Street Committee (BSC), 29Belltown (Seattle), 28, 29, 30Blocking,

driveways, 4, 5, 11, 23 (9.2)parking lot areas, 5sidewalks, 4

Boy scouts, 28Budget, 16, 20, 21, 25, 27, 28, 30, 31, 32Burglary, 25Bus, 24, 30 Business, i, 2, 9, 10, 12, 18, 22, 23, 28, 29

CCalifornia, ii, 1, 2, 3, 4, 7, 10, 23, 25, 30, 34, 53, 54CASA Latina, 29, 30CASA of Maryland (also ‘CASA Maryland’)

30, 32CASA of Maryland

Center for Employment and Training,33Day Laborer Assistance Project, 33

Catcall(s), catcalling, 26, 36Central America, 1, 2, 4, 14, 25, 27, 28, 33Central American, 28Chambers of commerce, 18Charts

‘Straightforward Solutions,’ 3, 4

‘Types of day laborer projects,’ 4, 25CHIRLA, 10, 11, 13, 24, 25, 26, 37, 38Cities with day laborer organizing

projects (Table of cities), 56-59Civil rights

advocates, 11, 21, 22, 24, 35attorneys, 23 (9.4)

Collaborative, 22, 26, 30, 49Community participation, 17Complaints

About day laborers, 23 (9.5), 26Conflict resolution, 8, 10, 11, 12, 13, 25,

26, 33skills, 11 (2.1, 2.4)

Constitution(al) rights (Constitutional protections), 7, 8, 23 (9.3, 9.4)Fourteenth Amendment, 23 (9.4)

Construction, ii, 1, 10, 12, 27, 28, 29, 31Contract, 33Contractors, 27, 28, 29Controversy, i, ii, 2, 4, 7, 15, 25 28, 30, 36,

37Cooperative, 10, 21 (8.6), 22 (8.11)County, 9, 12, 22, 31, 32, 33, 34Criminal, 15, 16, 33, 35Customer choice (job distribution system),

20 (7.9)Customer feedback/surveys, 17

DDallas, 27Day laborers

as illegal/undocumented immigrants, 2, 3ethnicity/gender of, 2participationwork skills of, 1wage rates of, 2

Day Laborer Projects, 10, 21, 25Day Labor Program of San Francisco, 18Definitions

center, ii corner, iiday laborers, iiglossary, iihiring site, ii

project, iiworkers, ii

Denton (Texas), 7, 53Worker Exchange Park, 27, 28

Denton Humanitarian Association (DHA), 27Discrimination, 14, 16, 23 (9.7), 24 (9.8)Disorderly conduct, 27Domestic (day labor, workers), 33Donations, 16, 21, 27, 28, 30, 32Drinking (in public), 5, 23, 26Drug dealing, 13, 25, 35Dues, 21 (8.8), 30, 31, 32

EEagle scout, 28East San Rafael Neighborhood Task Force

(ESRNTF), 34-35Electricity, 1, 28El Salvador, 32, 33Employer, 4, 7, 12, 13, 15, 17

Building database as strategy of raisingemployment rates, 18

Employment for day laborers (see ‘Jobs forday laborers’)

Employment levels, 8, 13, 16, 17, 23Employment rates, 17, 18 (6.9)Employment rates

At day laborer hiring projects in general, 16Encinitas, 3, 7, 23English

as a Second Language (ESL), 31literacy classes, 32

Ethiopian, 30Ethnic-specific organizations, 22 (8.15)

FFalse documents, 40-41Favoritism in job distribution, 20 (7.8)Federal funding, 21, 22Fees, employer, for administrative expenses,

22 (8.11)Financial sustainability, 21“First Come, First Served” job distribution

system, 19 (7.4)Foundation grants, 21, 28, 30, 32Fraternity, 28

~59~

Index

thp_Day Laborer Layout_2 1/3/01 2:29 PM Page 64

Page 66: Day Laborer Hiring Sites: Constructive Approaches to Community

Fundraising, 21, 27Funding

Community Development BlockGrants, 21 (8.1)Federal, 21 (8.2)

GGambling, 5, 26, 28Garden, 21, 31Glendale, 2, 3, 7, 12, 30, 31

Temporary Skilled Workers Center, 30Grants, 21, 28, 30, 32Guatemala (Guatemalans), 30, 32

HHealth education, 21, 32Hiring sites, i, 1, 2, 4, 12, 21, 25, 34, 35

Community forum, 12 (3.4), 36Garnering support, 12 (3.3)Home Depot, 9, 17, 30NIMBY responses, 12 (3.5)Planning Commissions, 12 (3.8)Land agreement conditions, 12 (3.6)Securing a location for, 12 (3.1-3.8)Sources of property, 12 (3.5)

Hollywood Job Center (also referred to as‘Hollywood Community Job Center’),24, 37, 50

Home Base, 38Homeless

advocates, 22services agency for, 28

Homeowners association, 9, 26Human relations, i, 25Human rights advocates, 11

IIDEPSCA, 24 (photo)Identification card, 33‘Illegal alien(s)’, 35Illicit activities, 26Immigrant(s), i, 2, 25, 27, 29, 34, 35Immigration, i, 2, 4, 15, 16, 26, 35Increase in crime, 6INS (Immigration and Naturalization

Service), 2, 3, 9, 10, 15, 25, 26, 27, 29,32, 33, 34, 35, 36

Insurance, 28Inter-group or inter-ethnic conflict

Ethnic dominance in attracting daylaborers to projects, 16 (5.4)

Intimidation of customers, 6Intoxication (in public), 27

JJamaican, 30Jaywalking, 23 (9.2)Job distribution systems, 16, 19

For skilled workers, 19 (7.5)Women, 19

Jobs for day laborers, 15Judges, 24

LLAPD (Los Angeles Police Department), 25,

26Ladera Heights, 10, 26, 38Language barriers, 11 (2.5)‘Last Today, First Tomorrow’ system, 19Latinos, 24Latvian, 30Laws, 23 (see also ‘Ordinances’)

Against day labor solicitation, 23-24Pros, 23Cons, 23-24

Law enforcement (see also ‘police’ and ‘lawenforcement agencies’), 9, 13, 15, 22, 24,25, 33

Lawyer, 28Lawsuits, 24Leadership Development in

Inter-ethnic Relations, 22 (8.19)Leadership training, 11, 22Leafleting, 17, 23, 26League of United Latin American Citizens

(LULAC), 28Legal rights, 24, 32, 33Legal services, 32Liability (see also ‘Insurance’), 12 (3.7)Littering, 4, 5, 11, 23, 27, 28, 33Loitering, 4, 33Los Angeles, i, 2, 4, 7, 12, 13, 22, 25, 31, 37, 54, 58

City, 3 County,7

Los Angeles Times, 37Lottery systems, 16, 17, 19, 20, 33

Exceptions to, 20

MMALDEF, 7Malibu, 17, 20, 54, 58Malibu Labor Exchange, 17[The] Marin Independent Journal (MIJ), 34Maryland, ii, 1, 7, 25, 32, 33, 37Media relations, 9Mediation, 11, 12, 26, 32

Balancing power, 11Ground rules for mediation

sessions, 11 (2.7)With community surrounding site, 26

Mexico, 1, 2, 25, 27, 35Millionair Club, 29Minimum wage, 2, 10, 15Mountain View, 10Multi-cultural, 4, 34Municipal (municipalities), 28Myths and misconceptions, 9

NNegotiation

As a strategy to resolve conflict, 11compliance agreements, 11 (2.5)training, 11 (2.1)

Native American, 28Non-profit

Charter, 28 status, 21 (8.3)

North Hollywood, 54

OOld corner, 17, 31One Stop Workers Centers (also ‘One Stop

Centers’), 13, 31Ordinances, ii, 6, 7, 8, 15 (5.8), 23, 24, 30

Anti-solicitation, and constitutional rights, 6, 15, 18,23, 27, 30, 32

legal challenges (lawsuits), 7, 8, 23survey, i, ii, 1, 2, 4, 7, 17, 31, 37misuse, 24 (9.8)

Organizing day laborers, ii, 4, 8, 10, 13, 37As transient population, 14Building trust, 13Educational materials, 13Higher wages, 13Inter-group conflict, i, 14Inclusive decision making, 13Leadership development, 13, 22Musical bands, 13Relationship with police, 13Resources for, 14Soccer teams, 13, 14Theatre groups, 13Work conditions, 13Written rules, 13

Organizing communityOrientation, 33Outreach, 18, 31, 32, 37

PParking lot, 29, 30, 32, 33Penalties, 33

~60~

thp_Day Laborer Layout_2 1/3/01 2:29 PM Page 65

Page 67: Day Laborer Hiring Sites: Constructive Approaches to Community

Phone trees, 2, 4, 18, 19Police (see also ‘Law enforcement’), i, ii,

9, 10, 11, 13, 15, 17, 22, 23, 24, 25, 26,27, 28, 29, 30, 31, 33, 34, 35, 36As allies, 9

Program(s), ii, 2, 10, 16, 19, 20, 21, 22, 25,26, 31, 32, 33, 35, 37

Project(s), i, ii, 2, 4, 7, 8, 9, 10, 12, 13, 14,15, 16, 18, 19, 21, 22, 23, 25, 26, 27, 28,30, 31, 32, 33, 34, 35, 36, 37community cleanup, 26mural-painting, 26

Property values, 6, 9, 10, 33Public relations, 9, 37Prosecutors, 24Public speaking training, 11Public defecation, 23Public defenders, 24Public transportation (see also ‘bus’), 12

RRacial prejudice, 10Reduction in Business, 6Regulations, 33, 37Research for this manual, iiiResidents, i, ii, 2, 4, 7, 9, 10, 12, 21, 23, 25,

26, 27, 28, 29, 31, 33, 34, 35, 36Resolutions, 22Restroom facilities, 2, 26, 29Rules (see also ‘regulations’), 4, 9, 11, 13, 15,

20, 26, 37, 38At corner, 9At organized center, 9

SSafe workplace, 37, 42Salvadoran, 32

San Diego, 2, 22 (8.9)San Fernando Valley, 25San Francisco, ii, 2, 19, 35, 36, 55, 58San Rafael (California), 10, 34Screening policies, 16Seattle (Washington), ii, 2, 7, 9, 25, 28, 29,

30, 55Self-sustaining, 22 (8.16) Seven-Eleven stores, 32, 33, 34

(see ‘7-Eleven’ at end)Sexual harassment, 5Sidewalk(s), i, 1, 2, 4, 7, 8, 25, 30, 31Signage, 17, 23 (9.2)Silver Spring (Maryland), ii, 1, 7, 32, 37, 55, 56Sites (see ‘Hiring sites’), i, ii, 1, 2, 4, 7, 11,

12, 13, 19, 20, 21, 23, 25, 26, 31, 34, 35Social services, 2, 14, 27, 30Solutions, ii, 4, 5, 11, 25, 33, 36South American, 28, 32Southern California, 1, 2, 23, 24, 25Southern Christian Leadership Conference

(SCLC) 38Staff (Staffing), i, ii, 7, 8, 9, 13, 14, 17, 18, 19,

20, 21, 22 (8.17), 23, 25, 26, 30Stakeholders, 4, 9, 10, 21, 22, 23, 30, 33Strategies, ii, 8, 11, 12, 13, 15, 17, 19, 21

Addressing opposition concerns, 8Assessing support and opposition, 8For building alliances, 8

Sustainability, 21, 22, 32

TTenant organizing, 32Texas, 1, 17, 25, 27, 28, 56Theater, 13, 29Tickets (for violating anti-day laborer laws), 23Toilet, 1, 27, 28, 30

facilities, 2, 12, 15, 24, 26, 29, 30portable (see also ‘porta-potties’,‘restrooms’), 1, 27

Traffic hazards, 5, 23Trailer, 12, 28, 30, 33, 35Training, 10, 11, 13, 21, 22, 26, 32, 33

job, 32of leaders, 26seminars, 26

Trespassing, 5, 28

UU-Haul rental agency, 30Undemocratic structure

Of day laborer projects, 16Unions

Opposition to day laborer projects by, 10

Unsightliness, 6Urination (in public) 5, 8, 11, 25, 26

VVolunteer(s), 14, 18, 20, 21, 28, 31, 32, 33

incentives, 20

WWages, 3, 13, 15, 23, 26, 33

non-payment of, 26recovering unpaid, 31

Water, 12, 27, 28White, 2, 27, 28, 29, 30, 33, 34Women, ii, 2, 17, 18, 19, 20, 29, 30, 32, 33

Inclusion at hiring projects, 18Job distribution system, 19 (7.6)

Woodland Hills, 25Woodland Hills Day Labor Committee, 267-Eleven (convenience store), 32

~61~

thp_Day Laborer Layout_2 1/3/01 2:29 PM Page 66