In what has become a years-long saga pitting the Woodfin Hotel in Emeryville against its workers, the hotel has again defied an Emeryville City Council order to pay back wages, workers’ advocates say.

In 2006, hotel employees first charged the Woodfin with defying a city-wide living wage ordinance. Measure C, approved by Emeryville voters in November 2005 and put into effect that December, set guidelines for low wage work in the city. Among these guidelines was a limit to the workloads assigned to hotel attendants, or housekeepers. According to the ordinance, these workers were to be paid time-and-a-half were they to clean more than 5,000 square feet of room space in an 8-hour work day. At the Woodfin, this square footage would have been equal to nine or ten hotel suites.

But workers have charged that for nearly a year, the hotel did not comply, and they continued to clean around 17 suites per day. They are now demanding back wages for the work they say exceeded the ordinance’s limits.

“We didn’t know about the law,” says Maria Martinez, who has worked at the Woodfin for eight years. All the workers involved, she says, are immigrant women. “Nobody told us. Only when people from EBASE came to tell us, that’s when we found out.”

The East Bay Alliance for a Sustainable Economy, an Oakland-based community organization advocating for low-wage workers in the area, has taken on the case.

“This isn’t charity; it’s not a gift,” says Brooke Anderson, the deputy director of EBASE, “It’s money earned by their own sweat and their own backache.”

With the support of EBASE and other community and legal aid groups, the workers approached the City Council and simultaneously filed a lawsuit for back wages against the hotel chain in September of 2006.

After investigating, the City Council ordered the hotel to pay $200,000 in back wages in 2007. The hotel  challenged the Council’s order in Alameda County Superior Court. In 2008, the court upheld the validity of Measure C, while ordering the City Council to redo the hearing process in order to guarantee the hotel its right to due process.

In the latest turn of events following the court decision, the City Council revisited the case, holding a series of hearings between November and January. At these hearings, the hotel challenged the order on several grounds, including the argument that room inspectors, or supervisors, conducted room cleaning as part of their jobs, and that therefore the hotel’s “team approach” rendered the Councils’ calculations of housekeepers’ workload, and corresponding back wages, inaccurate.

After an in-depth audit of the hotel’s records and workers’ time sheets, the Council rejected the hotel’s argument. At the last hearing on January 15, the Council issued its second order to the hotel to pay up.  Hotel officials were told to pay workers by March 31, and to provide the city with proof that the back wages had been paid by April 15.

April 15 came and went, and the hotel did neither.

Tim Rosales, spokesperson for Woodfin, says that the hotel has not complied because it continues to disagree with the Council’s decision and will be appealing the order again through the courts. The City Council, says Rosales, is in no place to judge the hotel’s cleaning practices, nor the measurement of square footage, since they are not specialists in the industry.

The hotel was also not satisfied with the fairness of the second round of hearings. “It was a huge waste of taxpayer money,” says Rosales, explaining that the hotel saw no difference between these hearings and the previous ones that the court had ruled inadequate.

But workers and their advocates are getting increasingly frustrated with the hotel’s defiance. “This is the second time the City Council has ordered Woodfin to pay,” Anderson says. “We know for a fact that they’ve thrown twice as much money into lawsuits than they would have had to pay workers.”

While the hotel is currently in compliance with Measure C, Rosales says that there is cause for broader concern arising from the living wage ordinance, saying that with increased operating costs such as bookkeeping called for by the law’s regulations, the measure is seen by many in the local hotel industry as a “hinderance to development.”

“With the economy now,” says Rosales, “Businesses are leaving the city. As long as the measure is on the books, hotels will be very reluctant to do business in Emeryville.” And when they see another business such as the Woodfin “dragged through the mud,” he says, hotels will think twice about doing business in the city.

But for Martinez, a mother of four who lives in Richmond, the $12,000 she says Woodfin owes her trumps considerations of a city’s economic development. At times, she says, the fight for back wages has turned ugly for these immigrant workers.

“They said that because there was a lot of people working illegally, that they didn’t have any rights,” says Martinez, speaking of some of the hotel managers’ references to the workers’ immigration status. According to Martinez, many workers have been fired since the conflict erupted, and their immigration status has been the primary excuse. “If someone defended themselves, or stood up for their rights,” she says, “they looked for an excuse to get rid of them. A lot of people have been fired for defending themselves.”

A month after the initial lawsuit was filed in 2006, workers received “no match” letters from the Social Security Administration informing them that the social security number and name they had provided did not match. Ordinarily sent out as courtesy to workers in the case of an administrative error or typo, the letter states that receiving the notice is not an indication of immigration status and that taking action against a worker would put the company in legal liability. Regardless, Anderson, of EBASE, says that 10 days before Christmas, 12 workers were fired and were only rehired after an injunction was put into place by a judge.

In spite of these challenges, Martinez is hopeful.

“We will win,” she says, adding that she is grateful for the community support the workers have received.

“We have to know how to defend ourselves. And they have to know that just because someone’s an immigrant, they can’t do with them what they want.”

John Stern, who said he voted against Prop 8, the law banning same sex marriages, said he would support any cause to overturn the legislation but felt it was unrealistic to ask people not go into work given the economic climate. “People have to pay bills and buy food for their children,” he said. Stern believes that the downfall of the proposition was that there was not enough outreach to get people to vote against it. “I think the gay community underestimated the need to do more outreach,” he said.

That might have reached Circuit City associate Carmen, who said that although she supports same-sex marriage, she did not vote on Prop 8. She said that if she could go back she would vote in support of the gay community. However she did not think it was a good idea to have people call in sick to work, stating that it could cause people to lose their jobs.

Mike Schwier voted no on Prop 8, but said he would not participate in the boycott. “It is not big enough of an issue for me to where I would miss work,” he said, adding that it would be easier for him to participate in a protest or march.

Considered an alternative to the marches and protests that have occurred since the passing of Prop 8 in California and other anti-gay ballot initiatives in Arizona, Florida and Arkansas, Day Without a Gay organizers decided they wanted to take a new approach in the gay marriage fight. On the website daywithoutagay.org the mission statement explains, “It is not just about calling in sick. You are encouraged to call in ‘gay’—and donate your time to service!”

People in support of same-sex marriage are asked to donate the time that they would be working and volunteer for a charity organization of their choice. Berkeley, San Francisco and Sacramento are a few of the cities hosting volunteers for the day. The California page of daywithoutagay.org suggests that supporters volunteer their time by giving blood, gardening, preparing meals, doing data entry, or fundraising for local nonprofit organizations.

Although none of the workers I spoke to were familiar with the campaign, much outreach has been done through web networks like Facebook.

On the Day Without a Gay Facebook page, some supporters said they, too, would not be able to miss work on Wednesday. One supporter who goes by the name Agent Handy Loves wrote, “Yeah, nurses and doctors don’t get to do stuff like this. Critical life support, yes, this is my job.” And Marilynn Court wrote, “I don’t know if my company would be too happy with me calling in gay… but I’m there in spirit! LOL.”

For those who cannot miss work but still want to support the cause, the organization has a list of suggestions which include following the day’s events on Twitter or calling local representatives.

Check out the video to hear their reactions and learn from their questions.

BY ALBA MORA AND AMANDA MARTINEZ // Poll Judge Shawna talks about high voter turnout at the Emery Secondary School polls.

BY SHALEECE HAAS // The vote-counting machines are running smoothly. The ballots are on hand. The workers are trained and ready to go.

“Tomorrow is the day we’ve been waiting for,” said Guy Ashley, spokesperson for the Alameda County Registrar of Voters.
County staff have been preparing for tomorrow’s election for months. Since August they have recruited and trained 4,000 poll workers and 500 other election staff who will oversee the transportation, sorting and counting of ballots on November 4.

On Monday morning two dozen workers processed mail-in ballots in a brightly lit basement room of the Alameda County Courthouse. With quiet efficiency they opened envelopes, inspected ballots for irregularities and fed them through high-speed counting machines.

As in other parts of the country, early voting in Alameda County reached a record high this year. As of Monday morning, the county registrar’s office had received 255,000 early ballots—a 25 percent increase over 2004.

While a record number of residents voted by mail, thousands more braved the lines outside the county courthouse to cast their ballots early.

“At 8:15 this morning, there were 100 people in line,” Ashley said. “Over the weekend, we had 10,000 people come here to vote.”

Election workers began counting ballots last Tuesday in accordance with state law. But the results won’t be available until polls close at 8 p.m. tomorrow. Ashley said it’s likely some close races won’t be called for days after the election, as it can take time to count all the mail-in ballots.

Despite the rise in early voting, most of the county’s 804,000 registered voters will go to the polls in person. Dave Macdonald, the Alameda County Registrar of Voters, projects the county will see a record turnout.

“The official number is 85 percent, but if you twist my arm I might say 90 percent,” he said.

In anticipation of the “blizzard” of voters Macdonald expects on Election Day, the county added 30 additional polling stations and increased the number of poll workers at each location from four to five. Macdonald said the workers also received additional training this year.

But no matter how well prepared employees are, they’re bound to encounter problems. That’s where the help desk comes in.

Early tomorrow morning two dozen workers will be at their stations ready to field calls from any of the 830 polling places across the county. According to Ashley, these temporary workers have been attending trainings with the resident “gurus of the help desk” nearly twice a week for the last two months.

“We’ve got it down pretty good,” Ashley said.

Election workers are prepared for the long hours ahead. To keep their energy up, Ashley said the county will pick up the tab for pizza and other meals throughout the day.

Despite what’s bound to be a chaotic day, Ashley said election workers are enthusiastic.

“It’s a pretty good job to have,” he said. “You look at all the people lined up outside and you realize what you’re doing is crucial and important to a lot of people. I’m jazzed about it.”

“It’s too important to miss,” said Raymond, who stopped his game of Texas Hold ‘em to listen in.

With domestic policy as the focus, the economy proved the key theme of both candidates, on questions ranging from education to healthcare.

From the start of the debate moderator Bob Schieffer of CBS acknowledged the urgency of the financial crisis by asking the candidates to speak on their most recent economic rescue plans.

While watching, Raymond explains he knows first-hand how economic policy can affect individual lives. He vividly remembers what happened to him when Ronald Reagan came into office and dropped funding for pubic assistance in the ‘80s.

“When Jimmy Carter came into office I received a letter from the government saying there were services to help me, when Reagan came into office I got another letter saying there were going to take them away.”

A self- described “yellow dog Democrat,” Raymond reminisces the days of Democratic presidents John F. Kennedy and says he sees hope again with Obama’s proposed tax plan to bring Americans through the financial crisis.

Despite hard economic times for the American people, the card club is bustling on this Wednesday night and many like Raymond are still playing in hopes of winning the $56,000 jackpot.

Ken Williams who visits the club two to three times a week says although he still plays the games his bets have lowered, ranging from $3 to $4 a game. “ With gambling the odds are always against you,” he says, as he explains why he would rather put his extra money towards the rising costs of his everyday necessities like, gas, milk and eggs.

For the second time, Williams has sat down at the club bar to watch the presidential debate. “This is the future, not just mine but also my children’s,” says Williams. He explains that he has a teenage daughter and son, and wonders if he will be able to pay for their college educations. He also questions the potential for them to buy a house like he did at the age of 24.

Although Williams has already made up his mind about who he will vote for he is anxious to watch the election play out, “You don’t know what will happen when people get behind that curtain.,” he says.

And yet, for all voters, only one thing remains for sure, not having a stake in the next presidential election may be the biggest gamble of all.

“My decision was already made,” said Fitz Jordan, who is moving back to Oakland from Austin, TX.  “I’m getting more comfortable with Obama.”

The crowd of some 40 locals erupted in chants of “Obama, Obama,” after most of the democratic candidate’s answers to mediator Tom Brokaw’s questions.

“Obama was tearing McCain apart all night,” said Larrese Gooden, a real estate loan broker from Richmond who said Obama dominated the entire debate.  “Obama’s been doing his homework.”

Like Jordan and Gooden most watching at the market were Obama supporters.

“I haven’t run into any McCain supporters here,” said David Rubio of Oakland.  “But the country is clearly divided.”

Many of the supporters listened to the questions and expressed different reactions to the candidate’s responses.  Jordan particularly appreciated Obama’s answer to Brokaw’s question about the top priorities for the country.

“Obama articulately answered with patience,” said Jordan.  “He was far more realistic.”

“We’re going to have to prioritize, just like a family has to prioritize,” Obama said. “Energy we have to deal with today, because you’re paying $3.80 here in Nashville for gasoline, and it could go up. And it’s a strain on your family budget, but it’s also bad for our national security. … Health care is priority No. 2. … And, No. 3, we’ve got to deal with education so that our young people are competitive in a global economy.”

McCain answered the same question by addressing all three issues simultaneously.

“I think you can work on all three at once,” McCain said.  However, “we’re not going to be able to provide the same benefit for present-day workers that that present-day retirees have today.”

Jordan believes that McCain is not in touch with the American people.

“McCain sticks to the party line, not reality,” he said.  “We have to stop being a reactive nation, we need a better framework.”

Jordan and Gooden who are African-American men said they are very proud that Obama might be the first black president, but were adamant that race is not the main reason they’re voting for him.

“I don’t consider McCain the enemy,” said Gooden.  “The democrats and Obama’s platform is closer to my beliefs.  Black or not.”

According to a recent CNN poll 49 percent of Americans support Obama and 44 percent support McCain.  The nation is still deciding, but at the Emerybay Public Market a lot of decisions have already been made.  “Obama, Obama!” Gooden chanted with a huge smile on his face.

After a series of questions on domestic policy, moderator Bob Schieffer asked both candidates what makes their running mate more qualified than their opponent’s. In his response McCain cited Gov. Palin as a role model to women, a reformer who’s faced down the oil companies, and a breath of fresh air who will sweep out Washington’s old-boy network and cronyism.

“And by the way,” he added, “she also understands special-needs families. She understands that autism is on the rise. That we’ve got to find out what’s causing it, and we’ve got to reach out to these families and … give them the help they need as they raise these very special-needs children. She understands that better than almost any American I know.”

Palin’s youngest son Trig was born last year with Down’s syndrome.

Obama fired back by saying McCain’s support for an across-the-board spending freeze on government programs would make additional funding for autism research unlikely.

Regardless of the political motives that had the candidates talking about it on national TV, autism is a hot topic in the media. Numerous blogs and articles debate the link to vaccinations, and whether autistic children are better served by individual attention or being added to mainstream classrooms.

InEmeryville went to the Blue Sky Family Club at the EmeryBay Public Market and found several moms with strong opinions on the topic. Here’s what they had to say.

The Emeryville City Council affects policy for more than 8,000 residents. But how well do you know the politicians who represent the city?

In Emeryville staff visited with each of the council’s five members. Watch the videos to see what they had to say.

BY SHIKIRI HIGHTOWER // Mayor Ken Bukowski has been involved in city politics for 21 years. He has been mayor for six different terms. In this profile, Mayor Bukowski discusses the importance of economic growth and keeping up the current development of Emeryville.

BY ALBA MORA // Since 1999 Ruth Atkin has served Emeryville as mayor, vice mayor and city council member. As a civic leader she has supported many causes. But lately, her primary project has been working with the city and the school district to build the new Emeryville Center of Community Life.

BY SHALEECE HAAS // Nora Davis has been a member of the Emeryville City Council for 21 years. In this video profile Councilwoman Davis talks about the history of Emeryville and the role business plays in the financial health of the city.

BY SHIKIRI HIGHTOWER // Councilmember Dick Kassis has been on the city council for 16 years and also served an additional term from 1976 to 1980, for a total of 20 years of service. On this video profile he talks about the importance of the Center of Community Life and what he does during his spare time.

BY SHALEECE HAAS // John Fricke would like to see Emeryville become more pedestrian and bicycle friendly. Since he joined the city council in 2005, Fricke has worked to improve bicycle safety and encourage the building of a new public park. But he is often at odds with his fellow council members. Watch the video below to learn more about the issues that matter to Councilmember Fricke.