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| This van nicknamed "La negra tomasa" by "Pancho" an elotero that has worked the mean alleys of the city of brownsville would like to see a change but is happy that he can still make a living out of his van. |
You see them driving their white vans all around Cameron County neighborhoods selling their delicious hot elotes or corn prepared with melted butter, mayonnaise, chilli powder and grated cheese, a mexican snack that is quickly getting the attention of the tax payers in texas where the "Eloteros" or the drivers of the vans that sell this delicious treat and other snacks struck a deal with brownsville commissioners and cameron county works that for every 3 miles driven in their van the county will pay them 3 cents also the county will provide them gas cards every Friday and pay them $7.50 an hour after hitting the 50 mile mark on the odometer. Some residents are more than willing to work under these conditions while others are appalled that these " eloteros" are being paid better than the truckers that live in the Valley. If it sounds to good to be true, it probably is: The drivers are in their majority mexican nationals that by not knowing English signed contracts stipulating that they have to furnish the vans, buy the products from Mexico, prepare the elotes, tostadas, chips, salsa and homemade ice cream, give 70% of their earnings to the commission at the end of the month and pay insurance for their automobiles for the duration of the contract that usually lasts 2 years.
Several drivers complained to the Commission and to local authorities about the harsh demands of the contracts but were sent away other their hopes and dreams in the gutter when they realized that they couldn't say no to cameron county works and the commissioners because they feared being taken to court when they were threaten by their employers that if they breach their contract they would be sued.
So why do the "Eloteros" drive their vans everyday under these awful conditions knowing that basically they are being ripped off by their employers? " Because we have to, for our families, we have to suck up to the mexican gringo, the old gringo, suck their tities, and balls so our kids can have clothes and nikes and can go to the dollar store and get their candies and coke" explained an Elotero of twelve years that asked to be called "Pancho". If we decide to fight who will feed our kids and pay the bills??? " True, we get lonestar, we get cash from the state but at what price?. This elotero that has been in business for over twelve years is happy that he can still support his family making 1600 a month, but would be more happy if he could keep all of his earnings.
Things would be different if the drivers would know how to communicate in English. Then people in power would not be tempted to take advantage of the population that merely wants a job and will do whatever they can to preserve it.
It just comes to show that in a little brown place called brownsville texas if you are poor and a mexican, the big Mexicanos with the money can own you and the sad truth is that these so called "contracts" are just a reminder of a time where owners of big plantations in the south owned men, women and children like cattle and worked them to the bone without any consideration of their livelihood and feelings.
wow brought a tear to my eye who knew?? poor people..
ReplyDeleteDuardo, Welcome back!
ReplyDeleteAnnie Gunn
have you talked to juan montoya about this? he also wrote an interesting piece similar to this about the raspas ladies.. either way hope they get the help needed.
ReplyDeletediego you are the man! better than duardo im a faggot martinez...!
ReplyDeleteThere are many red flags in this article. First it say's they (Elotero's) are Mexican Nationals, so how do they get LoneStar and Cash from the State?
ReplyDeleteOr are they legal residents with work visas? My understanding of a work visa, is you must be working full time or return to your country of origin, you cannot get LoneStar (welfare). Legal status must be made very clear, not left in muddy waters. That status determines the legal approach a person would take in this issue.
Are they employee's of one company out of Mexico or a US Company here in Brownsville?
A Company cannot call them contractor's while demanding they behave as hourly employees after fifty miles. No company can do that in order to circumvent Texas State Labor Laws, because you are either a contractor or a company employee, not both. Your earned income is yours, not the cities. There is always a fee to be paid to cities, but 70% is extreme no matter how they dice it up.
Additionally, NO contract is legally binding when there is NO MEETING of the MINDS. If what this article claims is in fact true & correct, there is no "legal contract". No judge worth their salt would uphold a contract where participants did not understand (read/write)the language the contract is written, nor understanding the details of said contract, and in not doing so gave up the majority of their income to a city. This is completely absurd.
Are you stupid? They get lonestar for there kids not for them. GEEEZEE!
Deletemuahahah
If the Elotero's had no legal representation nor afforded a state licensed translator, this so called contract is not worth the paper it was printed on.
ReplyDeleteI do recommend the Elotero's take the time to learn English at Adult Ed classes or from someone who can teach them, a friend, family member, etc. Complaining about sucking up to Mexican Gringo's over the past twelve years while yourself not making efforts to improve your English language and comprehension skills of your labor rights, so you can't be cheated in English, does not help them in this plight, in fact it is hurtful. It shows no effort on their part.
This is not the wild west where anything goes. We have so many rules to live by, people need to understand that and abide by them. No exceptions. Which leads into this next paragraph.
ReplyDeleteOn the flip side…As a legitimate contractor you are responsible for paying your own vehicle insurance and additionally E&O insurance, if your industry requires it. Yes, it is expensive, but if you want to do business on this side of the border, you must pay like all other US Citizen’s are required too.
I am a private contractor working in an industry that requires we maintain a million dollar insurance bond, have our own vehicle (fully insured) including tools of the trade, just to obtain work. We are not required to pay the order mill where our work comes from, instead we are allowed by Federal and State law as contractors to write off our travel mileage at the end of the year on our Taxes at the Federal rate of forty-one cents -/+ a mile in addition to claiming our earned income from performing work. We usually end up paying taxes, but then we prepare for that by putting aside tax money, so we pay like all other working stiffs. That is what it means to be a private contractor performing a service. Everybody must pay their taxes accordingly. Are these Elotero's paying taxes to the State or Federal government? If they are filing tax returns as required by law, they would discover they can write off their mileage on their tax return and just might find out they get money back. It depends on what their annual income amount is of course, like anyone else.
This business of paying a city seventy percent of your monthly income in return for gas cards and an hourly rate of pay at $7.50 an hour, once fifty miles has been reached, just to work in this town, is bizarre. Sounds illegal and most definitely unethical.
A complaint should be filed with the state labor board against the city of Brownsville the TWC, naming specifically those involved with the contract from both entities.
Just because someone is from another country doing business here in our country (legally?), does not mean they are fair game for unscrupulous business practices by our fair city, including employer's in Mexico sending worker's here to this country. Any company doing business here in the US must abide by our Federal and State Labor Laws.
So many red flags all over the field.
thank you so much anony we appreciate your comments and the time invested with our humble report!
DeleteI under stand ernie is asking for the elote pelon so that he can start getting ready for jail.
ReplyDeletewell we are not sure about that, but it can be,,,
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