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Colibri Workers Introduce Lawsuit, Push for Legislation to Protect Workers

Thursday May 21, 2009

Today, May 21, at 1 PM, Colibri Workers for Rights and Justice announced the filing of their Federal WARN Act lawsuit in front of the Federal Courthouse in Kennedy Plaza, Downtown Providence and urge local lawmakers to pass legislation that will strengthen the WARN Act locally.

“Founders Equity must be held accountable for the damage it's done to Colibri Workers and to Rhode Island. We will keep the fight going until we reach victory,” said Yannery Sarit, a leader with Colibri Rights and Justice.

The lawsuit names Colibri, Founders Equity, and Phoenix Management as defendants. Founders Equity is the Manhattan-based private equity firm that was a principal owner of Colibri and signed the petition to force Colibri into receivership. Phoenix Management is the management company chosen by Founders Equity to run the company’s daily operations. Jim Fleet of Phoenix Management was Colibri’s most recent CEO. Members of Colibri Workers for Rights and Justice confirm that in addition to the lawsuit, they will continue to organize to hold Founders Equity accountable.

Under the Federal WARN (Worker Adjustment and Retraining Notification) Act, a company with 100 or more employees is required to give employees 60 days notice before closing. Colibri’s workers received an email the night before the closing, and many did not find out until they came to work the following morning to find a sign on the door.

The WARN Act was passed in 1989 to lessen the impact that massive unforeseen unemployment has on local communities, and to give workers time to seek new employment or enter training programs. In short, it was created for times like these. However, the Federal WARN Act lacks enforcement measures. If the workers had not introduced a lawsuit, no one would have held Founders Equity accountable.

“We went to Washington, DC and spoke with a representative of the US Department of Labor. He told us that there is no one in the whole country who is responsible for enforcing the WARN Act. He said the only way to enforce the WARN Act is through a lawsuit. It is ridiculous that we have to sue to get our rights. That’s why we’re pushing for the RI WARN Act, so what happened to us will never again happen to a worker in Rhode Island, ” said Shirley Samayoa, a 27 year veteran of Colibri.

The RI WARN Act, H5673, officially known as the Rhode Island Worker Protection and Job Loss Notification Act, was introduced by East Providence Representative Roberto DaSilva as a response to the Colibri plant closing in his district. The bill was recently amended and reintroduced so that if passed, it would automatically guarantee 60 days payment of wages and benefits to workers as an immediate administrative expense, if a company fails to provide notification of a closing. In a prepared statement from his office, Rep. DaSilva said, “Those who employ members of our Rhode Island community need to understand that the WARN Act isn’t a suggestion. It’s a necessary legal step in protecting everyone involved: the families of the employees, the city or town where they live, and our state together.”
Check out coverage:
AP Article
Pawtucket Times front page
Video
More...

Press Conference Tomorrow

Wednesday May 20, 2009

Join us at 1PM Thursday May 21 in front of the Federal Courthouse in Kennedy Plaza (Downtown Providence) for a press conference announcing the Colibri Workers For Rights and Justice's federal class-action lawsuit against Colibri, Founders Equity, and Phoenix Management. More...

Victory! All Charges Dropped Against Colibri Arrestees

Wednesday May 6, 2009

Today the 13 Colibri Workers and allies who were arrested for civil disobedience at the March 19th auction of Colibri's assets had all charges against them dismissed. At a press conference following their day in court, workers stated that they would continue to fight to hold Founders Equity accountable for inflicting unannounced unemployment on Rhode Island during one of our worst financial crises. We also called on legislators to support Rep. DaSilva's Bill H5673: the RI Worker Protection and Job Loss Notification Act, a "RI WARN Act" with real enforcement teeth to make sure this doesn't happen to any workers in the future.
See ABC 6 video here. More...