[nfbmi-talk] open letter to cannon

[joe harcz Comcast]

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