[nfbmi-talk] open letter to cannon

Sat Jun 16 19:10:14 UTC 2012

Thanks for all you and others did yesterday on every front as well. There 
will be more to come.

But, as a preveiw I am also a member of Michigan ADAPT. We will be 
supporting the Goodwill boycott.

I only have to write the formal letter in this regards.

Peace with Justice,

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at att.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Saturday, June 16, 2012 2:43 PM
Subject: Re: [nfbmi-talk] open letter to cannon

> Joe,
>
> This is a great letter.  Thank you for writing it.
>
> Warm Regards,
>
> Fred
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Saturday, June 16, 2012 2:15 PM
> To: Patrick Cannon MCB Dir.
> Cc: lydia Schuck MCB Comm.; MARK CODY; Sue Luzenski MCB Admin Ass.;
> mcbvi at sbcglobal.net; nfbmi-talk at nfbnet.org; Elmer Cerano MPAS; Joe Sibley
> MCBVI Pres.; John Scott MCB Comm.
> Subject: [nfbmi-talk] open letter to cannon
>
> Open Letter to Cannon Sub-minimum Wage
>
>
>
> July 16, 2012
>
>
>
> Paul Joseph Harcz, Jr.
>
> 1365 E. Mt. Morris Rd.
>
> Mt. Morris, MI  48458
>
> E-mail: joeharcz at comcast.net
>
>
>
> To: Patrick D. cannon
>
> Director, Michigan commission for the Blind
>
> (Via e-mail)
>
>
>
> Dear Mr. Cannon,
>
>
>
> You are fond of denoting your experience with NCASB and quote or summarize
> their activities in all of your MCB Reports. I denote the official 
> position
> of NCASB regarding HR 3086 in full after my "cc" lines. Yet, at the 
> Michigan
> Commission for the Blind board meeting yesterday you and Leemon Jones in
> particular "pushed back" at the courageous motion by the board to not
> contract with CRPs which  pay even one worker sub-minimum wage in its
> centerred based employment. (And as Commissioner Shuck noted there are 13 
> in
> this state which MCB plows thousands in to annually for various services.)
>
>
>
>
>
> . Jones in particular was arrogent in his whining about the issue before 
> the
> board. But, regardless you constantly pull NCASB findings or actions that
> you like even out of context to quote them and then when the rubber meets
> the road you are insubordinate to your bosses (the MCB Board) and we the
> people. Say would you and Jones both making salaries in excess of $100,000
> wish to be paid sub-minimum wage because you are blind and clearly not as
> productive in documented fashion as you should be?
>
>
>
>
>
> I also denote that aside from the leadership of NFB on this issue there 
> are
> numerous advocacy organizations of various people with disabilities who
> support the elimination of sub-minimum wages for any person with any
> disability. These organizations are clearly denoted here and include by 
> the
> way the American Council of the Blind. So this is an issue where there is
> broad consensus amongst not only organizations of the blind, but those
> representing, again a wide range of disabilities.
>
>
>
> The only organizations that do in fact support sub-minimum waivers are the
> highly profitable and federally funded "sheltered shops" themselves.
>
>
>
> Regardless, I applaud the actions yesterday of the Michigan Commission for
> the Blind and decry your open hypocrisy on this issue.
>
>
>
> Sincerely,
>
>
>
> Paul Joseph Harcz, Jr.
>
>
>
> Cc: MCB Board
>
> Cc: NFB MI
>
> Cc: MCBVI
>
> Cc: Michigan ADAPT
>
> Cc: MPAS
>
> Cc: several
>
>
>
>
>
>
>
>
>
>
>
> Source:
>
>
>
> http://www.ncsab.org/alert/2011/statement_of_endorsement_.htm
>
>
>
> Statement of Endorsement by: Barbara Madrigal
>
> December 9, 2011
>
>
>
> At its monthly teleconference, the NCSAB Executive Committee agreed to
> support the Fair Wages for Workers with Disabilities Act (H. R. 3086). The
> NCSAB
>
> had been asked by the National Federation of the Blind to lend our support
> to H. R. 3086 that would end the payment of sub minimum wages to people 
> with
>
> disabilities. By way of background, following is some historical
> information.
>
>
>
> H. R. 3086 The Fair Wages for Workers with Disabilities Act
>
>
>
> On October 4, 2011, Congressman Cliff Stearns (R-FL) and Congressman Tim
> Bishop (D-NY) introduced the Fair Wages for Workers with Disabilities Act 
> of
> 2011
>
> (H.R. 3086). The bill would phase out Section 14(c) of the Fair Labor
> Standards Act (FLSA), which allows employers holding special wage
> certificates to
>
> pay their workers with disabilities less than the federal minimum wage.
>
>
>
> The planned phase out of section 14(c) of the FLSA under H.R. 3086, the 
> Fair
> Wages for Workers with Disabilities Act of 2011, follows:
>
>
>
> 1. Phased out after one year for all for profit entities
>
> 2. Phased out after two years for all governmental and public entities
>
> 3. Phased out after three years for all not for profit entities
>
>
>
> After three years 14(c) would be repealed and all certificates revoked.
> While very few blind individuals are today being paid subminimum wages, 
> the
> overall
>
> number of people with disabilities being compensated below the minimum 
> wage
> is significant. According to data provided by the DOL Wage and Hour
> Division,
>
> on November 10, 2010 there were approximately 2,552 employers holding 14c
> certificates, employing approximately 368,106 individuals with 
> disabilities.
>
>
>
> History and Background
>
>
>
> In 1938 the Congress adopted the Fair Labor Standards Act. The Act 
> included
> numerous New Deal reforms; however it is best remembered for establishing
> the
>
> federal minimum wage. President Roosevelt characterized the Fair Labor
> Standards Act as "the most far-reaching, far-sighted program for the 
> benefit
> of
>
> workers ever adopted in this or any other country." But the Act did not
> extend the guarantee of the minimum wage to all workers. Section 14(c) of
> the Fair
>
> Labor Standards Act allows blind people and others with disabilities to be
> paid below the minimum wage under certain prescribed conditions. The
> employer
>
> must apply for a special wage certificate and must conduct and document 
> that
> a time study has been made of the productivity of the worker with a
> disability
>
> to determine his or her wage. The special subminimum wage is known as the
> "Commensurate wage."
>
>
>
> Definition of Commensurate Wage (Code of Federal Regulations-29 CFR Part
> 525)
>
>
>
> i) Commensurate wage is a special minimum wage paid to a worker with a
> disability which is based on the worker's individual productivity in
> proportion to
>
> the wage and productivity of experienced nondisabled workers per-forming
> essentially the same type, quality, and quantity of work in the vicinity 
> in
> which
>
> the individual under certificate is employed. For example, the 
> commensurate
> wage of a worker with a disability who is 75% as productive as the average
>
> experienced non-disabled worker, taking into consideration the type,
> quality, and quantity of work of the disabled worker, would be set at 75% 
> of
> the wage
>
> paid to the non-disabled worker. For purposes of these regulations, a
> commensurate wage is always a special minimum wage, i.e., a wage below the
> statutory
>
> minimum.
>
>
>
> The following groups have endorsed and urge the immediate passage of H.R.
> 3086, the Fair Wages for Workers with Disabilities Act of 2011(as of
> November
>
> 17, 2011):
>
>
>
> ADAPT (formerly known as American Disabled for Attendant Programs Today)
>
> ADAPT Montana
>
> American Association of People with Disabilities (AAPD)
>
> American Council of the Blind (ACB)
>
> APSE (formerly known as Association for Persons in Supported Employment)
>
> Association of Programs for Rural Independent Living (APRIL)
>
> Autistic Self Advocacy Network (ASAN)
>
> Autism Society of America (ASA)
>
> Blind Industries and Services of Maryland (BISM)
>
> Center for People with Disabilities (CPWD)
>
> Chicago Lighthouse for People Who Are Blind or Visually Impaired
>
> Collaboration to Promote Self-Determination (CPSD)
>
> Disability Rights Education and Defense Fund (DREDF)
>
> Hearing Loss Association of America (HLAA)
>
> Houston Center for Independent Living
>
> Little People of America (LPA)
>
> National Association of the Deaf (NAD)
>
> National Coalition for Mental Health Recovery (NCMHR)
>
> National Council on Independent Living (NCIL)
>
> National Disability Leadership Alliance (NDLA)
>
> National Disability Rights Network (NDRN)
>
> National Down Syndrome Society (NDSS)
>
> National Federation of the Blind (NFB)
>
> National Fragile X Foundation (NFXF)
>
> Not Dead Yet (NDY)
>
> Self Advocates Becoming Empowered (SABE)
>
> Service Employees International Union (SEIU)
>
> Texas Association of Centers for Independent Living (TACIL)
>
> United Spinal Association
>
>
>
> If you have questions or concerns please do not hesitate to contact me.
>
>
>
> Barbara J. Madrigal
>
> Barbara.Madrigal at dars.state.tx.us
>
> President NCSAB
>
>
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