Labor and Immigrations Issues at Pomona College

Documents and Links

I am providing this information to inform people about current events regarding worker and immigration issues at the College. I am only responsible for the contents of items that I have actually authored. Those are indicated below.

--Victor Silverman

 

News Coverage:

Laura Enriquez, "Turning Oppression into Power: Fighting Pomona College and Community Division," Huffington Post. 4/4/12

Paloma Esquivel, "Pomona College protest's party atmosphere belies strife," LA Times 3/31/12

Lori Consalvo, "Rally Supports Fired Pomona College Workers." Daily Bulletin, 3/30/12

Wes Woods II, "Pomona College agrees to settlement with NLRB over dining hall workers issue," Daily Bulletin,

Emma Roller, "Firing of Workers Who Failed to Provide Documents Divides Pomona College" Chronicle of Higher Education

Jennifer Medina,"Immigrant Worker Firings Unsettle a College Campus," New York Times

Nathan Robinson, "Pomona Firings Show the Paradox of Immigrant Labor Organizing" Huffington Post

Simone Wilson, "Pomona College Caught in wave of anti-Immigrant Hysteria" LA Weekly Blogs

Deborah Frempong, Students Discuss Firings with President Oxtoby, Claremont Portside

Jannise Johnson, "Posada at Pomona College focuses on employees fired over lack of documentation as legal workers," Daily Bulletin

Kathleen Miles, Huffington Post, "Pomona College Protest: Terminated Undocumented Workers Chant 'We're Here And We're Not Leaving'"

Jeremy B. Merrill and Tim Reynolds, "15 Arrested in Protest of Pomona Dining Hall Firings," Claremont Port Side

Nathan Falk, "Pomona College Workers Fired, Protesters Arrested," The CMC Forum

Jeff Zalesin,, "15 Arrested in Protests Over Documentation Firings," The Student Life

Jeff Zalesin, "17 Employees Terminated Over Documents; Boycott, Vigil Extended,"The Student Life

LA Now Blog, "Pomona College food workers rally after documentation questioned," Los Angeles Times.

Wes Woods, "Pomona College rally criticizes demanding of dining hall workers to produce proof of legal residency," Daily Bulletin

 

Student & Alumni Statments and Documents

Concerned Pomona Students -- Vigil Organizers

Concerned Alumni of Pomona Facebook Page

Vijay Prashad, "Nasty Bosses on College Campuses"

 

Faculty Resolutions

Resolution on Inclusive Community

Rationale and Resolution after the firings

 

Legality and Morality of Pomona's Actions & Related Documents

 

Pomona College Board of Trustees, "Report of Board Review Committee On Work Authorization Investigation"

Victor Silverman, Dept. of History, response to Lindt and Cohen letter, 12/7/11

Letter from Marketa Lindt and Ronald Cohen of Sidley Austin, 12/6/11

Letter 2 from Michaelt Teter, 12/5/11

Letter from National Employment Law Project, ACLU-SC, MALDEF, Asian Law Caucus, and other organizations, 11/30/11

Letter 1 from Michael Teter, Associate Pofessor of Law, University of Utah,11/30/11

NLRB Complaint of Unfair Labor Practice, 11/30/11

Letter from Board of Trustees to the Faculty, 11/28/11

Open Letter from Latino Alumni, 11/22/11

Letter from President Oxtoby announcing immigration reverification, 11/8/11

Sample of Letter from HR asking for Document Reverification, 11/8/11 & 11/7/11

 

Organizations:

Workers for Justice/Trabajadores por Justicia

UNITE-HERE: Real Food Real Jobs Campaign

UNITE-HERE Facebook Page

Pomona College, Official page on "Employee Documentation Issue"

Pomona College Official page on unionization efforts

National Employment Law Project

 

Background Documents

 

Congressional Research Service, "Unauthorized Employment of Aliens: Basics of Employer Sanctions" 6/29/05

National Immigration Law Center, "Reverification of Employment Eligibility"

National Employment Law Project, "The Rights of Migrant Workers and Their Families in an Irregular Situation" 9/19/11

Office of the Counsel, NLRB, "Updated Procedures in Addressing Immigration Status Issues that Arise During NLRB Proceedings" 6/7/11

ACLU, ICE Worksite Enforcement: Up to the Job?, 1/26/11

 

 

 

 

Last updated: 2/6/13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution on Inclusive Community:

Adopted unanimously at the Faculty Meeting of 11/16/2011:
The faculty expresses its concern about the recent actions taken by the College with regard to the immigration status of dozens of faculty, staff, and students. We are concerned about the message this review of immigration status sends, particularly its effects on the College climate and our educational mission. This issue affects all of us. We call on the Board of Trustees to assert its commitment to an inclusive environment that welcomes people regardless of their race, color, creed, religion, national or ethnic origin, age, sexual orientation, gender, gender identity, marital status, pregnancy, disability, medical condition, veteran's status., or immigration status.

 

 

Rationale and Resolutions after the firings:

Rationale provided with the motion and endorsed by 13 departments and 37 faculty for the Faculty Meeting of 12/7/2011:
We are deeply disturbed at the direction the College has taken in its dealing with staff. We believe that the firings of 16 people on December 1 were unnecessary and could have been avoided. We also believe that the reverification process itself was unnecessary and has caused distress to many who experienced the process as questioning their legitimacy as members of the community. We are further concerned that the reverification process and the firings have intimidated workers attempting to exercise their legitimate rights to organize a union in the dining halls. Finally, we worry that these actions have riven our community and damaged the College's standing in the wider society. Despite repeated suggestions of legal and fair alternatives to the reverification and firings that were suggested by faculty, students, alumni, legal experts, and members of the wider community, the Administration, apparently pressed by the Board of Trustees, took a set of actions that hurt loyal and long-standing employees. Moreover, these firings have done damage to our community, raised disturbing questions about the College's motivations, and violated principles of inclusion unanimously established by the faculty. President Oxtoby could have done more to slow the process or to seek alternative counsel, however, we believe that the Board of Trustees bears ultimate responsibility for these unfortunate developments. Therefore, it is with great regret, but also with the intention of healing the community, that we bring the following resolutions to the faculty.


Resolution 1, adopted by a vote of 73-21 at the Faculty meeting of 12/7/2011:
The faculty finds that the recent firings of employees as a result of reverification of immigration documentation was in contradiction to the principles of inclusion established by this body. The faculty calls on the Administration to offer to fully fund all reasonable legal and documentation related expenses for all employees who were identified as needing to reverify their employment eligibility, especially for the 16 employees fired on December 1 in order to help them complete the necessary paperwork.  When the fired employees have the proper documents, it asks they be rehired with back pay of up to two years.

Resolution 2, motion postponed until Faculty meeting of 12/15/2011
The faculty resolves that it lacks confidence in the leadership of the Board of Trustees to be a proper steward of the community of Pomona College. It asks that the Board meet with the faculty in a special meeting next week to discuss ways to restore our confidence.