CPD IN THE NEWS

New York Daily News - April 15, 2014, by Erica Pearson - Nisha Agarwal, the new city commissioner for immigrant affairs, will rely on her experience at the Center for Popular Democracy and as an advocate for language access in hospitals and pharmacies to help implement City Council and Mayor de Blasio’s push for a municipal ID card.

THE CITY’S new commissioner of immigrant affairs has been on the job for just weeks — but she’s been tackling the biggest issues on her office’s agenda for years.

“It’s such a gift to be in this role, given what I’ve done before,” said Nisha Agarwal, 36, a public-interest lawyer and the daughter of Indian immigrants.

“A lot of people have been asking me, ‘What’s it like working in government?’ because this is the first time I’ve ever done that actually, and the reality is the issues are very similar, and the perspectives on those issues, philosophically, are the same,” said Agarwal, who grew up in upstate Fayetteville and lives in Brooklyn.

She was appointed in February.

As the City Council and Mayor de Blasio move to create a municipal ID card open to all residents, regardless of immigration status, Agarwal will use her own research about identity cards across the nation, collected while she was deputy director of the nonprofit Center for Popular Democracy.

“It’s really exciting to be in a place of actually implementing them,” she said.

“In order to have an effective municipal ID program, it certainly cannot be focused only on immigrant communities. It has to engage a broad range of city agencies and it has to appeal to a broad range of communities within New York.”

Agarwal will also draw on her past as she works to create an immigrant report card of sorts to track how well city agencies are including the newest New Yorkers — especially those who struggle to speak English.

“I started my first campaign as a young lawyer working on language access in hospitals and pharmacies,” said Agarwal, who directed New York Lawyers for the Public Interest’s Health Justice Program and was the primary drafter of the city Language Access in Pharmacies Act.

The city law requires chain pharmacies to translate prescriptions into New Yorkers’ primary language — so that they don’t make dangerous dosage mistakes.

It was transformative for her to be a part of developing the new law.

“I’ve always believed that local government is such a site for innovation and progressive change. To actually have a small role in that, it changed my career trajectory. That felt like, now I can see what the city can do,” Agarwal said.

Now, she’s in the position to answer a different question:

“How do we make those laws and policies really stick and go deeper across city government?” Agarwal said.

Before de Blasio picked her to head his Office of Immigrant Affairs, Agarwal developed a new program called the Immigrant Justice Corps, which offers fellowships to new law school graduates so that they can work as immigration lawyers based with New York City community groups.

Agarwal, who has a passion for social justice, said she’s also planning to have her own advocacy agenda — and spoke alongside activists and religious leaders last week at a Foley Square immigrant rights rally.

Her interest in fighting injustice was sparked early — and shaped by her relatives, said Agarwal, whose grandfather marched with Mahatma Gandhi.

When neighbors put up a new swing set but wouldn’t allow everyone to play on it, a young Agarwal was furious.

“That was my earliest memory of injustice, I thought it was terrible. But my response at the time was just to sort of throw rocks and to get really angry,” she said.

“My parents sat me down and said, ‘First of all, maybe you shouldn’t do that. We appreciate your instinct to fight injustice but throwing rocks is not the way to do it. Let us tell you about this man, who is from the country that we come from, who is Gandhi, and he believes in nonviolence.'”

“I think from the earliest stages of my life through my parents and other role models I have had this sense of wanting to do social justice work,” she said.

Source

But Starbucks has fallen short on these promises, according to interviews with five current or recent workers at several locations across the country. Most complained that they often receive their schedules one week or less in advance, and that the schedules vary substantially every few weeks. Two said their stores still practiced clopenings.

The complaints were documented more widely in a report released on Wednesday by the Center for Popular Democracy, a nonprofit that works with community groups, which gathered responses from some 200 self-identified baristas in the United States through the website Coworker.org.

“We’re the first to admit we have work to do,” said Jaime Riley, a company spokeswoman. “But we feel like we’ve made good progress, and that doesn’t align with what we’re seeing.” Ms. Riley maintained that all baristas now receive their schedules at least 10 days in advance.

Starbucks, whose chief executive, Howard Schultz, has long presented the brand as involving its customers and employees in something more meaningful than a basic economic transaction, has drawn fire for its workplace practices. But its struggles to address the concerns of its employees also open a window into a much larger problem.

In the last two years, the combination of a tight labor market and legal changes — from a rising minimum wage to fair-scheduling legislation that would discourage practices like clopenings — has raised labor costs for employers of low-skill workers in many parts of the country.

To help companies navigate this new landscape, a number of academics and labor advocates have urged a so-called good-jobs or high road approach, in which companies pay workers higher wages and grant them more stable hours, then recover the costs through higher productivity and lower turnover.

Even in service sectors where stores compete aggressively on price, “bad jobs are not a cost-driven necessity but a choice,” concluded Zeynep Ton, who teaches at the M.I.T. Sloan School of Management. “Investment in employees allows for excellent operational execution, which boosts sales and profits.”

And yet, as Professor Ton is careful to point out, it is easy to underestimate the radical nature of the change required for a company to reinvent itself as a good-jobs employer, even when the jobs it provides are not necessarily so bad.

The example of Starbucks illustrates the point. Some of the company’s actions reflect an impulse to treat its workers as more than mere cogs in a giant coffee-serving machine.

Starbucks allows part-timers who work a minimum of 20 hours a week to buy into its health insurance plan after 90 days. In April, it pledged to paythe full cost of tuition for them and full-time workers who pursued an online degree at Arizona State University. And workers promoted to shift supervisor — about one for every four to eight baristas — typically earn a few dollars an hour more than minimum wage.

On the question of scheduling, the company, like many large retail and food service operations, uses state-of-the-art software that forecasts store traffic and helps managers set staff levels accordingly, while trying to honor workers’ preferences regarding hours and availability.

Charles DeWitt is vice president of business development at Kronos, one of the leading scheduling software makers, which has worked with Starbucks. He said that using the software to schedule workers three weeks in advance typically was not much less accurate than using it to schedule workers one week in advance. “The single best predictor of tomorrow is store demand a year ago, though other factors can come into play,” Mr. DeWitt said. “If it’s Monday, then you want to look at Monday this week a year ago.”

(Mr. DeWitt and others involved with such software concede that there are exceptions, like stores that are growing or declining rapidly, and that predictions often get substantially better very close to the target date.)

But there has long been a central obstacle to change: the incentives of store managers, who are encouraged by company policies to err on the side of understaffing. This makes it more difficult to build continuity into workers’ schedules from week to week. It often turns peak hours into an exhausting frenzy that crimps morale and drives workers away.

“The mood lately has not been not superpositive; they’ve been cutting labor pretty drastically,” said Matthew Haskins, a shift supervisor at a Starbucks in Seattle. “There are many days when we find ourselves incredibly — not even a skeletal staff, just short-staffed.”

Mr. Haskins said that his store’s manager received an allotment of labor hours from her supervisor, and that the manager frequently exceeded it. But in the last month or so, she announced that she would make an effort to stay within the allotment. “From what I understand, probably someone higher up said ‘You need to stick to that,’” Mr. Haskins said. “I know it’s got her stressed out, too.”

Benton Stokes, who managed two separate Starbucks stores in Murfreesboro, Tenn., between 2005 and 2008, described a similar dynamic.

“We were given a certain number of labor hours, and we were supposed to schedule only that number in a given week,” Mr. Stokes said. “If I had to exceed my labor budget — and I was careful not to — I would have had to have a conversation” with the district manager. “If there were a couple of conversations, it would be a write-up,” he added.

The understaffing ethos sometimes manifests itself in company policies. For example, Starbucks stores are not required to have assistant managers, and many do without them.

Ciara Moran, who recently quit a job as a barista at a high-volume Starbucks in New Haven, Conn., complained of a “severe understaffing problem” that she blamed on high turnover and inadequate training. She partly attributed this to the store’s lack of an assistant manager. “We had issues that we’d try to take to her” — the store manager — “but she had so much on her plate we let it go,” Ms. Moran said. “Problems would escalate and become a big thing.”

In other cases, the scheduling and staffing problems at Starbucks appear to arise from the way individual managers handle their tight labor budgets.

Some of the baristas said that clopenings were virtually unheard-of at their stores, but LaTranese Sapp, a Starbucks barista in Lawrenceville, Ga., said clopenings occurred at her store because the manager trusted only a handful of workers to close, limiting scheduling options.

Ms. Riley, the Starbucks spokeswoman, said the store’s scheduling software required at least eight hours between shifts, but that workers could close and open consecutively if the shifts were more than eight hours apart.

There are alternatives to help avoid such results, according to Professor Ton’s research. One of the most promising is to create a mini work force of floating relief employees who call a central headquarters each morning, as the QuikTrip chain of convenience stores common in parts of the Midwest and South has done. Because store operations are standardized, relief employees can step in seamlessly.

“If a worker gets sick, what happens is you’ve lost a quarter of your work force,” Professor Ton said of companies with small stores that lack such contingency plans. “Now everybody else has to scramble to get things done.”

(Starbucks employees are often responsible for finding their own replacements when they are sick. “A lot of times when I’m really sick, it’s less work to work the shift than to call around everywhere,” said Kyle Weisse, an Atlanta barista.)

Starbucks, which vowed to improve workers’ quality of life after The New York Times published an account of a barista’s erratic schedule in 2014, is far from the only chain that has faltered in the effort to adjust from low road to high road.

In many cases, the imperative to minimize labor costs has been so deeply ingrained that it becomes difficult to sway managers, even when higher executives see the potential benefits.

Marshall L. Fisher, an expert on retailing at the Wharton School at the University of Pennsylvania, recalled working on a consulting assignment for a large retailer and identifying a few hundred stores where the company could benefit by adding labor. Executives signed onto the change, but managers essentially refused to execute it.

“The managers were afraid to use their hours,” he said. “They were so used to being judged on ‘Did they stay within a budget?’”

In many cases companies end up going out of business rather than adapt. Economists Daniel Aaronson, Eric French and Isaac Sorkin studied the response to large increases of the minimum wage in states like California, Illinois and Oregon in the 2000s. In most states, employment barely budged two years after the higher wage kicked in. But that masked dozens of suddenly uncompetitive stores that went under, and a roughly equal number of new stores that opened.

The fact that the defunct stores were replaced by new ones suggests that, in principle, they could have evolved. But they simply were not capable of pulling it off.

Source: New York Times

On January 19, activists at each of the Environmental Protection Agency's 10 regional offices issued their own corrective on the Obama administration's Clean Power Plan. Days before the end of the federal comment period, the Climate Justice Alliance's Our Power Campaign - comprised of 41 climate and environmental justice organizations - presented its Our Power Plan, which identifies "clear and specific strategies for implementing the Clean Power Plan, or CPP, in a way that will truly benefit our families' health and our country's economy."

Introduced last summer, the CPP looks to bring down power plants' carbon emissions by 32 percent from 2005 levels within 15 years. The plan was made possible by Massachusetts vs. EPA, a 2007 Supreme Court ruling which mandates that the agency regulate greenhouse gases as it has other toxins and pollutants under the Clean Air Act of 1963. Under the CPP, states are each required to draft their own implementation plans by September of this year, or by 2018 if granted an extension. If they fail to do so, state governments will be placed by default into an interstate carbon trading, or "Cap and Trade," system to bring down emissions.

Michael Leon Guerrero, the Climate Justice Alliance's interim coordinator, was in Paris for the most recent round of UN climate talks as part of the It Takes Roots Delegation, which brought together over 100 organizers from North American communities on the frontlines of both climate change and fossil fuel extraction. He sees the Our Power Plan as a logical next step for the group coming out of COP21, especially as the onus for implementing and improving the Paris agreement now falls to individual nations.

"Fundamentally," he said, "we need to transform our economy and rebuild our communities. We can't address the climate crisis in a cave without addressing issues of equity."

The Our Power Plan, or OPP, is intended as a blueprint for governments and EPA administrators to address the needs of frontline communities as they draft their state-level plans over the next several months. (People living within three miles of a coal plant have incomes averaging 15 percent lower than average, and are eight percent more likely to be communities of color.) Included in the OPP are calls to bolster what CJA sees as the CPP's more promising aspects, like renewable energy provisions, while eliminating proposed programs they see as more harmful. The CPP's carbon trading scheme, CJA argues, allows polluters to buy "permissions to pollute," or carbon credits, rather than actually stemming emissions.

The OPP further outlines ways that the EPA can ensure a "just transition" away from fossil fuels, encouraging states to invest in job creation, conduct equity analyses and "work with frontlines communities to develop definitions, indicators, and tracking and response systems that really account for impacts like health, energy use, cost of energy, climate vulnerability [and] cumulative risk."

Lacking support from Congress, the Obama administration has relied on executive action to push through everything from environmental action to comprehensive immigration reform. The Clean Power Plan was central to the package Obama brought to Paris. Also central to COP21 was US negotiators' insistence on keeping its results non-binding, citing Republican lawmakers' unwillingness to pass legislation.

Predictably, the CPP has faced legal challenges from the same forces, who decry the president for having overstepped the bounds of his authority. Republican state governments, utility companies, and fossil fuel industry groups have all filed suit against the CPP, with many asking for expedited hearings. Leading up the anti-CPP charge in Congress has been Senate Majority Leader Mitch McConnell, who hascalled the plan a "regulatory assault," pitting fossil fuel industry workers against the EPA. "Here's what is lost in this administration's crusade for ideological purity," he wrote in a November statement, "the livelihoods of our coal miners and their families."

Organizers of Tuesday's actions, however, were quick to point out that the Our Power Plan is aimed at strengthening - not defeating - the CPP as it stands. Denise Abdul-Rahman, of NAACP Indiana, helped organize an OPP delivery at the EPA's Region 5 headquarters in Chicago, bringing out representatives from Black Lives Matter Minneapolis, National People's Action and National Nurses United.

"We appreciate the integrity of the Clean Power Plan," she said. "However, we believe it needs to be improved - from eliminating carbon trading to ensuring that there's equity. We want to improve CPP by adding our voices and our plan, and we encourage the EPA to make it better." Four of the six states in that region - which includes Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin - are suing the EPA.

Endorsed by the National Domestic Workers' Alliance, Greenpeace and the Center for Popular Democracy, among other organizations, yesterday's national day of action on the EPA came as new details emerged in Flint, Michigan's ongoing water crisis - along with calls for Michigan Gov. Rick Snyder's resignation and arrest. The EPA has also admitted fault for its slow response to Flint residents' complaints, writing in a statement this week that "necessary [EPA] actions were not taken as quickly as they should have been."

Abdul-Rahman connected the water crisis with the need for a justly-implemented CPP. "The Flint government let their community down by not protecting our most precious asset, which is water," she said. "The same is true of air: we need the highest standard of protecting human beings' air, water, land."

Source: Truthout

“Tuesday, March 20th from organizations across the nation take to the streets in DC to make sure that @fema, Congress, and the Trump Administration hear our demands.”

Read the full article here.