henryp

In their announcement regarding the amicable 2007 settlement, the EEOC said: “We commend B & H for working cooperatively with us to resolve this matter without protracted litigation,” said EEOC New York Trial Attorney Lou Graziano. “We encourage other employers to follow B & H’s example of resolving discrimination cases expeditiously and in good faith.” Regarding the suit by women alleging discrimination, see http://law.justia.com/cases/new-york/other-courts/2011/2011-ny-slip-op-33861-u.html wherein it says the plaintiff's "failure-to-promote claims are devoid of factual support." That case was then dismissed. The CNN article says workers were "relegated to "separate, unsanitary and often inoperable restrooms." The allegations being made are unproven and untrue. There are not and have never been separate restrooms. The restrooms are as clean as those in my house. There are no "substandard conditions." Every person I know older than 14 has a cellphone with a camera. If there were separate unsanitary restrooms we’d have seen photos of them in various social media. There has not been one. Non-employees who have visited our warehouses reported seeing clean, safe, well-lit working conditions and restrooms as sanitary as those set aside for customers in our retail store.

There seem to be two issues here -- our schedule and deleted product reviews. One at a time. B&H's schedule is on our site at http://www.bhphotovideo.com/find/HelpCenter/HoursOfOperation.jsp.There are two week-long events but in general I think the comment, "many weeks per year" is hyperbole. We appreciate some days we're closed do not conform to mainstream US or Christian holidays but they are unavoidable. We take pains to ensure customers are aware of each event well in advance with notices on our site, our Facebook profile, Twitter, our email newsletters etc. You wrote, "I didn't pay attention..." I am sorry you did not but I do not think it is reasonable to hold that against us. YMMV Reviews get vetted by PowerReviews before we get them and are then vetted again by us before they're published. Once they are, anyone can click to flag a review for any reason at all. That immediately takes the review offline until it can be vetted yet again. If you have an issue with one or more particular reviews please email henryp[at]bhphoto.com and I'll be happy to inquire. Once upon a time, 20 years ago this may have been true but today our staff is as diverse as NYC itself. Some employees are Hasidic; some are non-Hasidic orthodox Jews; some are less observant or non-observant Jews. Some are Christians or Muslims or Zoroastrians. At least one is an outspoken atheist. There's no "reserve in NJ." There are communities in NJ and in suburban NY and in Brooklyn where like minded families tend to live near one another for support and convenience. The buses are run by a private company with no relationship to B&H or to our management. Some smart person saw a business opportunity and began a bus service. Anyone who wishes can by a one-day or monthly ticket and ride. I don't but I'm the atheist and I don't live near the bus routes so I use Metro-North. Regarding Christian holidays, we're closed Christmas Day.

Thank you. I appreciate this. This is simply not true. There are no separate bathrooms and all the bathrooms are, as I've said, are as clean as those in my own home.

Flawed indeed: http://www.nytimes.com/2015/12/21/nyregion/minority-sheet-metal-workers-in-new-york-start-getting-back-pay-after-decades-of-bias.html The allegations cited in your first paragraph are untrue. We have said so unequivocally since these as-yet unproven allegations were first made public. There were and are no separate bathrooms for whites and non-whites. No one was fired for collective bargaining. All the bathrooms are as clean and sanitary as those in my own home. Regarding the second paragraph IMO referring to me as "A talking figurehead" speaks volumes. And, yes I am here in part to protect the company's reputation. The company's reputation deserves protection and the company, like any accused i this country is innocent until proven guilty, isn't it?

In fact they're allegations or accusations, we violated federal, not NY state, law. We may have offered to settle, since doing so is almost always cheaper than the lengthy expensive drawn-out legal process, but that's a matter of efficiency and economy of scale. I declined to comment for the NY Times because the issue at hand is one of as-yet unresolved litigation and I was following the advice and instruction of our lawyers, as is prudent. Aside to squig -- if you're going to quote me, at least include the whole sentence. What I said was IF the allegations are untrue THEN maybe we don't need to reform. Context, eh.

I don't take head counts when I'm in the store but at present, quite a few. I see. You presume we need to reform because you're presuming the as yet unproven allegations are true. Maybe they're not all true and if so, maybe we don't need to reform.

We appreciate your concern and your loyalty, and want to take this time to help you understand what has been happening recently. At B&H we value each and every customer; your concern is our concern. We know you have choices when shopping and your choice of our establishment is something we do not and must not take lightly. We want to continue earning your business and instilling pride in your choice for photo and electronics. B&H is a family owned business, a success that has been built for over 40 years from a small storefront in New York City to the worldwide enterprise we are today. This is credit to our dedicated and devoted employees, many of whom have been with our company for decades. Every one of our employees is treated with respect and dignity, no matter of race, religion or gender. The average employee tenure at B&H far exceeds most of our competitors and as well as most employers of any kind. Our employees are well compensated, offered generous benefits, and they are given 17 paid days off in addition to 3 weeks paid vacation. Few companies offer this. The allegations you have been hearing about are largely made by people who have never set foot in a B&H facility. For the time being, we will address several of the accusations, as they are far from factual. We can declare outright that B&H does NOT have any segregated bathrooms by race or religion, and anyone working at B&H knows that to be true. Additionally, any similar contentions are not only inaccurate, but bizarre. There are always areas where we can better ourselves, and these are issues that B&H is committed to strengthening as we move forward. Our goal is to create an even friendlier environment for our employees, where there can be no doubt that their needs, concerns, and well being are noticeably our primary focus. Our roots are from a place where discrimination affected so many of the very people who are now part of the B&H family, and we built this company and brand to defy what were the norms around us, and to give everyone the chance to succeed, to care for their families and homes, and to be happy. That will not change, but will only be improved upon. What you may not be told in these scurrilous narratives is that B&H chose to keep its jobs in New York, rather than opting, as many others do, to outsource jobs to areas overseas where labor rates are lower. Our call centers and online management teams are right here. We chose a very different route, and we continue to make daily decisions taking into account first and foremost our dedicated employees and customers and we will continue to do so. Over the next few weeks and months, you will hear more and see the growth, and we will make sure our customer and our employee are kept keenly aware of the situation. Please feel free to reach to us with any of your concerns and we hope we can continue to earn your business in the future. Henry Posner B&H Photo-Video

Some can be corrupt -- amazingly so: New York Sheet Metal Workers Case Highlights Persistence of Workplace Discrimination In this case it seems it was the union, not the employer, who has been found guilty of discrimination. The EEOC has forced the union to begin paying the first installments of $12.7 million in back pay to hundreds of black and Hispanic members Have you ever tried to work in the photo world without unions? Yes. I did. For 20 years. Low pay, mediocre benefits, fights over reimbursements for expenses, were much of the reason I was so eager to pursue a job with B&H when i first came upon their "help Wanted" ad in Photo District News.

I am not head of PR in any department. I am not head of PR at all. I have almost nothing to do with PR. I am not now nor have I ever been part of the audio department. This is ludicrously inaccurate. I already commented on the fire, saying this: There was a fire near, not in, our warehouse. At the time the NYFD specifically asked us NOT to evacuate our workers for two reasons – there was no need to do so as there was no danger at all from smoke or fire, and the evacuation of several hundred workers into a relatively small and confined space would have severely impeded the NYFD’s ability to deal with the situation safely, effectively and efficiently. I also commented on the ridiculously false allegations about fiberglass and asbestos. There was none; there is none. Had there ever been any our managers and supervisors would have been exposed to the same conditions as our workers. As "tugela" was kind enough to note, a warehouse full of electronics, cameras and lenses etc is the last place any retailer would want fiberglass and asbestos. You quoted a report which said, "The men, many of whom are undocumented..." A lie, plain and simple. We do everything the law requires to document our employees. Is it possible a clever employee who is or knows a master forger could fool us? I suppose. But, we are in compliance with all local, state and federal laws and regulations regarding soliciting, hiring and employing our workers. To the best of our knowledge, none is undocumented. You wrote, "I'm not an expert in union/company relationships..." Indeed. When we settled the EEOC matter, the EEOC said this: “We commend B & H for working cooperatively with us to resolve this matter without protracted litigation,” said EEOC New York Trial Attorney Lou Graziano. “We encourage other employers to follow B & H’s example of resolving discrimination cases expeditiously and in good faith.” There is a reason we were given this unsolicited praise. Here's what happened, briefly. We were advised we were not in compliance with one or more EEOC rules. We were also advised it was possible a current or former employee could file a complaint and if so the EEOC wanted to be sure money was set aside to cover any judgement. We funded that, hence the $4.3 million. It went into what was in effect an escrow account. We did so willingly and voluntarily in part because doing so avoided protracted litigation, which might have been an unnecessary expense. You wrote, "Yes, it's possible the worker's lied, but I just don't see why they would?" Because the union and those in league with the union wanted and needed a victory and were willing to be elastic with facts to get it. We are not the only NYC retailer in our industry to be treated this way: http://www.nj.com/union/index.ssf/2015/02/workers_at_elizabeth_warehouse_claim_they_were_fir.html Ultimately the Adorama workers’ vote went against the union so apparently they redoubled their efforts to avoid a second embarrassing failure. Sekhar said, "Posting an opinion (what your gut tells you, as you put it) as fact is both unfair and dangerous." No danger from me, certainly but repeating untrue, unsubstantiated, unverified, unverifiable allegations like those you quoted is unfair and unfortunate. FWIW the union vote was Nov 4th. PS The medical scam. Wasn't us. Maybe these guys? :-)

They have unionized because they voted to do so last November. The vote was conducted under the supervision of the NLRB whcih found no evidence of any interference up to or during the vote by any B&H employee. I'm sure you understand and appreciate that we value our company-employee relationship as much as our company-customer relationship. We cannot have one without the other. They are intertwined and both must be in balance for us to continue our uninterrupted 40+ year history of success. I am only sorry you were exposed to an innuendo-filled campaign of inaccuracy on the part of those who wished to "persuade" our employees the union is in their best interest and who are willing to misrepresent facts about our employees and their work conditions to unsuspecting customers like yourself. Our workers have the right to vote on whether or not a union will represent them. We would not and did not do anything to impede their right to this vote which was held during November. Regarding the allegations of health and safety conditions, perhaps this will offer a different perspective: http://on.fb.me/1N5rsWI There is no asbestos, no lung-searing clouds of dust, no flakes of fiberglass peeling off the ceiling. The restrooms are as clean as those in my house. There are no "substandard conditions." The employees are not, as has been widely reported, “undocumented.” Our warehouses have been inspected by OSHA several times recently, each unannounced and unscheduled. We received no fines or warnings or recommendations to make any changes at all. Other than take-home pay, every B&H employee, including the warehouse workers, me and my boss, get the EXACT same benefits. There was a fire near, not in, our warehouse. At the time the NYFD specifically asked us NOT to evacuate our workers for two reasons – there was no need to do so as there was no danger at all from smoke or fire, and the evacuation of several hundred workers into a relatively small and confined space would have severely impeded the NYFD’s ability to deal with the situation safely, effectively and efficiently. What you read was hyperbole and fiction designed to cast negative aspersions on us.

Thanks for visiting and for taking the time to say so. Henry Posner B&H Photo