[nfbmi-talk] open letter to cannon

[joe harcz Comcast]

Oops on the June 16 thing. Guess I was getting ahead of myself...Smile.

I understand the issues you presented yesterday. I do disagree with them. 
But, as you note that was not germane to the issue at hand. My disagreements 
with the comments you made are complicated as all these issues are but I do 
know that they are heartfelt and you've always been honest about them which 
I highly respect.

In the future I'll send information out about the segregated environment 
issue.

But, let me say this for now:


There is nothing wrong with having programs for the socialization of and 
recreational programs you alluded too yesterday. I support day programs 
devoid of a pretense of renumerative employment for people with all sorts of 
disabilities.

I do not support any longer, personally speaking center based shops over not 
only the pay issue, but also because they in documented fashion become dead 
end lifelong segregated environments.

By the way I know of plenty of folks even with severe disabilities like say 
Downs syndrome who get union scale for say bagging groceries in the 
community and who are simply happy human beings living independently or at 
worse in small group homes in their communities. And there are plenty of 
great evening and other community programs where they can "let their hair 
down" garner friends and develop other relationships.

Joe
----- Original Message ----- 
From: "Christine Boone" <christine_boone at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Saturday, June 16, 2012 2:30 PM
Subject: Re: [nfbmi-talk] open letter to cannon


Nicely done.
As you may imagine, I was specifically directed to speak on the issue, 
yesterday.  I chose to speak on a rather tangential issue which is not 
related in any way to the payment of sub-minimum wages in sheltered 
employment.  I did not say anything yesterday that was not completely 
consistent with my own long-held beliefs.  I am sorry that I took valuable 
board time speaking off topic.

I have not ever worked for any organization that paid sub-minimum wages, nor 
have I ever permitted any customer of mine or a client of any worker whom I 
happened to supervised, to be placed in an employment setting in which they 
received less than the federal minimum wage.  .  When I directed the PA 
Bureau We had the  policy that we did not ever enter into any contractual 
arrangement or do business of any kind with any agency or organization that 
paid any worker  piece rate or  sub- minimum wage.

Thank you for not mentioning my ramblings of yesterday in your letter.

Christine
PS. It is June 16, not July 16 as your letter indicates.

On Jun 16, 2012, at 2:15 PM, joe harcz Comcast wrote:

> 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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