[nfbmi-talk] open letter to cannon

Sat Jun 16 18:43:30 UTC 2012

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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