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INSIDE

EGACY

VCU workers form inclusive union - 2 Former RVA CEO found guilty of fraud - 3 John Warren (L) talks about respect for all - 4

Yesterday. Today. Tomorrow.

WEDNESDAYS • May 5, 2021

Richmond & Hampton Roads

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City warns developer to repair or raze blighted hotel

Developer Chris Harrison at the 2015 redevelopment announcement.

JONATHAN SPIERS As it starts work on another building in South Richmond that it purchased less than a year ago, the development firm that more than five years ago announced plans to redevelop the former Ramada Inn in Petersburg is facing an ultimatum from that city to take action on the property.

City leaders in Petersburg said in a news conference last week that they intend to obtain a court order requiring property owner C.A. Harrison Cos. to repair or demolish the blighted hotel building along Interstate 95 that’s become more of an eyesore than it was in late 2015, when the firm announced plans for a $20 million rehab.

If the Maryland-based firm doesn’t act on the property, which the city has deemed a danger to the public, the city would seek to demolish the building itself, with the roughly $1 million cost to do so becoming a lien on the property, Petersburg Mayor Samuel Parham said Wednesday.

“We are not sitting and waiting anymore,” Parham said after the announcement. “We are moving full speed ahead.”

Reading a letter from City Attorney Anthony Williams to the Virginia Department of Environmental Quality (DEQ), which the city is looking to work with on the demolition, Parham said C.A. Harrison Cos. — led by principal Chris Harrison — has “refused or otherwise ignored the city’s

notices of violation and orders to secure the property,” as well as avoided service of criminal summonses related to the violations.

An inspection of the building in January found more than 140 violations, resulting in multiple criminal summonses and tens of thousands of dollars in civil penalties. The city hired consultants to conduct that inspection after receiving permission from Harrison to access the property, where vandalism and evidence of squatters had increased.

Beyond that permission, Parham said communication with Harrison has been nonexistent in recent months, leading the City Council earlier this month to adopt an ordinance pursuing demolition options.

“What we’ve been hearing from Mr. Harrison is nothing at all,” Parham said after the announcement. “We have reached out numerous times before, and as we see, the building is still in a deplorable state. We want to make sure that he gets moving on this and not give us a lot of lip service on what he’s going to do in the future. This has been going on for way too long.”

Attempts to reach Harrison for comment were unsuccessful. Calls to his mobile phone last week were not returned.

Last summer, Harrison said that he was working with Petersburg’s economic development department on an announcement about the project.

However, that announcement never took place.

He said at the time that he was considering different concepts for the project in light of the pandemic and maintained that the project would still be going forward.

Initial plans called for a hotel-anchored mixed-use development with apartments, retail and office space. Interior demolition and asbestos remediation were conducted in recent years, but work had noticeably stopped as Harrison faced several lawsuits from contractors and architects.

Parham said Wednesday that the city has received interest in the property from other developers but has been unable to act.

“We’ve had numerous inquiries in the property, but Mr. Harrison has been sitting on the property and hasn’t entertained any offers from any other developers,” Parham said.

Since the building inspection in January, the city has been in talks with state Sen. Joe Morrissey, whose district includes Petersburg, and Del. Lashrecse Aird on how the financially challenged city could proceed with — and pay for — demolishing the nine-story, 125,000-square-foot structure, which was built in 1973 and once housed a Ramada Inn before the city purchased it in a tax sale in 2014.

One option, according to the city, could involve DEQ waiving fines imposed on Meridian Waste Acquisitions, a local waste contractor that has offered to perform the demolition. The work, which would be performed pro bono, would offset the fines imposed against it in a case related to the TriCities Landfill in Petersburg.

(continued on page 3)

The LEGACY

2 • May 5, 2021

VCU workers form an all-inclusive union DAVID DOMINIQUE Last week’s announcement that the VCU Union is now open to faculty and staff members of all classifications has implications beyond higher education. The fight to improve the working conditions of Richmond’s largest employer could have ripple effects that impact all Virginians.

VCU workers, including tenure line faculty, adjunct faculty, and staff, announced the formation of a VCU union. The union, a chapter of United Campus Workers (UCW), will be an expansion of a UCWaffiliated organizing effort among adjunct instructors in the School of the Arts.

The implications of this new organizing effort extend beyond VCU, and beyond higher education in general.

Virginia has long been considered one of the most hostile states for labor, ranking dead last among the 50 states in a 2019 analysis of worker’s rights by anti-poverty group Oxfam.

In 2019, just 4 percent of Virginia wage and salary workers were part of unions, compared to a national rate over 10 percent. Only South Carolina and North Carolina ranked lower. According to a 2020 report, Virginia, South Carolina, and North Carolina are also the only three states to prohibit “collective bargaining by public sector employees including firefighters, police and teachers,” a ban eased in Virginia on May 1, for local public employees, but will remain in effect for state employees, such as faculty and staff at VCU and other state universities. Notably, the new law does not bestow collective bargaining agreements to localities; it only allows localities to consider and revise the bans if they see fit.

However, the activities banned by these laws represent just a slice of union activity, and the means

by which unions can accumulate leverage in labor negotiations are diverse. Via the First Amendment, it is unconstitutional for a state to prohibit unionization, even at public institutions; only the act of collective bargaining between the union and the state entity is banned.

In 2011, the Economic Policy Institute found that workers in “right to work” states like Virginia earn, on average, 15 percent less in wages. The number becomes 3.1 percent when adjusted for socioeconomic factors like cost of living, but it should be noted that cost of living is often lower in locations with lower “quality of life,” including access to quality education, healthcare, green spaces, transportation, and other factors (therefore, adjusting these numbers for cost of living has implications for equity). Moreover, workers in “right to work” states are also less likely to receive health benefits from employers, and are dramatically less likely to be protected by a union contract.

A January 2021 UCW victory in Tennessee presents an example of the power unions can wield, even in “right to work” states. Though Tennessee does not currently prohibit collective bargaining between unions and government entities, Tennessee has had “right to work” laws on the books since 1947 (Tennessee state law weakens

unions by allowing workers who are protected by union negotiations to forgo paying union dues).

Despite this considerable obstacle, in January of this year the University of Memphis chapter of UCW secured $15/hour minimum wage for all campus workers, the result of a union campaign waged since 2017, according to a UCW press release.

By contrast, at the time of this writing VCU is running multiple ads on ‘vcujobs.com’ for hourly positions that pay $10/hour or less.

This is including a position in the box office that pays just $9.50/hour, is eligible for 29 hours per week, and in which the new hire would be ineligible to ever receive health benefits, according to the point of contact listed in the ad, who was reached by phone. A separate VCU Jobs listing seeking a housekeeper lists $10/hour as the expected salary.

In 2021, VCU pledged to raise their standard base pay to $1,200/ credit hour taught for adjuncts, though in the current academic year, base pay is $1,100/credit, and VCU has paid faculty wages as low as $816 per credit, according to Kristen Reed, an associate professor and member of the VCU union’s steering committee. In a press release on April 12, the union noted “’VCU Arts Adjuncts Organizing for Fair Pay’ was successful three

years ago in winning pay increases.”

However, “the increases they won still leave most VCU adjuncts below [Virginia’s] poverty line.”

A 12-credit load is considered full-time for adjuncts at VCU, and would gross $28,800 for two semesters of work. According to an online paycheck tabulator, after deductions a single person earning this salary should expect a net paycheck of $946 twice a month.

According to a Richmond Times Dispatch report, rents in Richmond rose more than 30 percent over a six-year period from 2012 to 2018.

According to multiple apartment rental websites, in April 2021 the average rent for a one-bedroom apartment in Richmond was approximately $1,200 per month.

Therefore, VCU adjunct instructors — many of whom have PhDs or other terminal degrees in their fields — can expect to spend over 63 percent of their take home teaching pay on renting a onebedroom apartment in Richmond, with just $700 left over per month for all other expenses including child care, groceries, student loans, car payments, heating, electricity, hot water, retirement savings, health care, leisure, and unforeseen expenses.

According to VCU Human Resources, only “salaried” faculty members are eligible for health benefits, a classification that does not include adjuncts. Furthermore, the school will only contribute to benefits premiums for employees who work 30 hours a week or more.

With a budget stretched this tightly, a worker at this income level would be unlikely to accrue disposable income to create an emergency fund, save for a future down payment on a property, or pursue other longterm financial goals.

To understand the full context of Virginia’s contemporary labor crisis, one must also revisit two familiar

(continued on page 6)

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Hild found guilty of fraud A federal jury in Manhattan recently found Richmond businessman Michael Hild guilty of five criminal counts this afternoon for his role in a massive bond pricing scheme that toppled his once fast-growing mortgage company Live Well Financial.

The verdict came after half a day’s deliberation, bringing an end to a three-week trial that included Hild taking the stand in his own defense with an at times emotional testimony.

Hild was found guilty on all counts he faced, including securities fraud, mail fraud, bank fraud and conspiracy. He was arrested on the charges in 2019, which coincided with the shuttering of Live Well.

The government claimed Hild helped mastermind a scheme to defraud the company’s lenders by falsely inflating the value of a portfolio of reverse mortgage bonds,

in order to induce the lenders into loaning more money to Live Well than they otherwise would have.

Hild is now set to be sentenced on Aug. 20. The five counts call for a maximum of 115 years in prison, though his sentence is likely to be much lower. He also faces a maximum fine of $5 million.

Prosecutors claimed he personally pocketed more than $20 million as a result of the scheme, which collapsed when the true value of the bonds was discovered by Live Well’s lenders. That left the company holding debt worth far more than the purported value of the bond collateral.

While Hild pleaded not guilty and left his fate to a jury, former Live Well CFO Eric Rohr and head bond trader Darren Stumberger, pleaded guilty to similar charges and were key government witnesses in the trial.

May 5, 2021 • 3

(from page 1) Last week’s announcement was largely an overture to DEQ to consider that scenario. Joining Parham in the announcement were Vice Mayor Annette Smith-Lee and Councilmembers Charlie Cuthbert and Darrin Hill.

Workers and trucks were visible at the Model Tobacco site.

The announcement was made as work has gotten underway on another Harrison project: a redevelopment of the Model Tobacco Co. building and complex in South Richmond, which Harrison purchased last June for $8.57 million.

Fencing has been erected around the 15-acre complex at 1000 and 1100 Richmond Highway, and site work was underway on last week, with workers active on the site and trucks pulling in and out of the property. A demolition permit

Petersburg Mayor Samuel Parham specific to underground utilities was issued for the project in late February.

Harrison plans to transform the site and redevelop its main Art Deco-style building into 275 income-based apartments. Plans also call for a 47,000-square-foot entertainment venue with a beer garden and restaurant space.

Harrison has said the project’s first phase is estimated to cost about $59 million, with total buildout lasting about 20 months.-BizSense

4 • May 5, 2021

Op/Ed & Letters

The LEGACY

Respect goes both ways JOHN E. WARREN We understand that Derrick Johnson, as president of the National Association for the Advancement of Colored People (NAACP), serves at the pleasure of the national board that appointed him. But we also understand that this national association is, and always has been, as strong as its members.

The members are hardworking volunteers who have replicated themselves in service for more than 100 years. Within each chapter or branch, people have been elected to serve as presidents of those units because of the faith in their service and leadership. We know that Johnson understands these principles and, therefore, when he speaks we assume he is reflecting the desires and goals of the national organization and its local leadership.

Knowing that Johnson is aware of everything said here, it is difficult, if not impossible to understand how he could offer an endorsement of Cindy Marten, superintendent of the San Diego Unified School District, for deputy secretary of education in President Biden’s cabinet without talking to, calling or attempting to communicate with the president of the San Diego Branch of the NAACP. The branch president, Francine Maxwell, has followed not only The LEGACY NEWSPAPER Vol. 7 No. 18 Mailing Address P.O. Box 12474 Richmond, VA 23241 Office Address 105 1/2 E. Clay St. Richmond, VA 23219 Call: 804-644-1550 Online www.legacynewspaper.com

Marten’s deplorable track record, but has worked closely with parents and members of the education community of San Diego for many years. The leadership of Maxwell in the education concerns of the San Diego community extends years beyond her membership and service to the local NAACP. It is her record of service and commitment to the education of the children of San Diego that makes the community so respectful of her monitoring of the San Diego Unified School District and its failures and disservice to both parents and students.

Johnson is guilty of tweeting and making statements in support of Marten without so much as the courtesy of a conversation with his local chapter. This is harmful to both the NAACP’s credibility and the hardworking people of the local chapter and the community it serves. We believe that Johnson owes both an apology to the community and a personal telephone call to Maxwell as his local chapter president. A president who has raised more funds and added more growth to this local chapter than any of her predecessors for more than a decade.

As NAACP members, we hope that you will use this as a teachable moment and also communicate personally with your other chapter presidents, which we understand you are not doing and have not done.

The LEGACY welcomes all signed letters and all respectful opinions. Letter writers and columnists opinions are their own and endorsements of their views by The LEGACY should be inferred. The LEGACY assumes no responsibility for unsolicited material.

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May 5, 2021 • 5

P.T. Hoffsteader, Esq.

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Regarding the shooting at Belt Atlantic Apartments, Richmond

will happen after Jesus has ruled this Earth a thousand years.

But the danger to America, and the World, is These tragedies must stop. Innocent lives are the present mindset that Global Warming does now lost and more people, including an infant, are exist, and that we have to eliminate the use of in the hospital fighting to survive. fossil fuels. Doing so would create a catastrophic My heart goes out to the families and to those event which would cause millions of American in the community of Belt Atlantic who lost loved lives, and billions of lives world-wide.

Little do they know, that, “it was discovered ones and were in fear of their lives. that a mere 1 percent of scientists, believe” that Every day it seems there’s another firearms “human activity is causing change.” tragedy somewhere in America. We must catch America, and this World, owes a lot to the the person who did this and do something about invention of the internal combustion engine, and the senseless epidemic of gun violence. Those to the fuels, which makes the 25 million highway who are violent or dangerous must not have transportation vehicles in the United States easy access to firearms because too often, those function.

Plus millions of farm tractors and other situations end up like this -with innocent civilians dead and injured.

Rep. A. Donald McEachin

A false global warming will cause millions of lives

According to proponents of Climate Change, also called Global Warming, in nine years this World will face a tremendous crisis because of the world getting hotter.

However, well known and reputable scientist, John Casey, has presented facts which indicates this Earth is actually getting cooler. His research has “now been corroborated by 17 independent scientific individuals and organizations.”

The facts put forward proves that “Global Warming” is “a $22 Billion Scam.” That is the amount “our government spends financing global warming initiatives” each year.

Now the fear that Man has caused the Earth to warmup should be considered nothing but fiction.

Since 1998, the temperature has been declining, not rising.

By His Word God created this Earth and it will be His Word that will make it disappear. That

equipment which use fuel to function.

Any interference in the present system would cause an un-imaginable interruption, which would undoubtably cause precious human lives, because we are totally dependent on them.

The crazy folks who think of themselves as being progressives, are in fact just the opposite.

Their ideas will destroy our country, just the way they are doing right now.

Their ungodliness will eventually bring destruction upon America and the world.

Possibly very soon, God is going to say enough is enough, or whatever words He chooses to use. He is the one who said He will bring judgment upon Man for their disobedience.

Manuel Ybarra, Jr.

6 • May 5, 2021

The LEGACY

(from page 2) Virginian themes: Segregation and Dominion Energy.

As sociologist Marc Dixon describes, the founder of the “right to work” movement was a segregationist named Vance Muse. Muse and his organization — “The Christian American Association,” founded in 1936 — were based in Texas, but wielded a powerful influence through the American South. As early as 1916, Muse is noted as opposing a Texan pro-labor law that protected railway workers from excessively long work days.

Revealingly, in opposing unions, Muse deployed ugly, anti-Black rhetoric: “From now on, white women and white men will be forced into organizations with black African apes whom they will have to call ‘brother’ or lose their jobs.”

In 1961, Martin Luther King Jr laid bare the connection between anti-Blackness and anti-labor sentiments, telling the AFL-CIO “the labor-hater and labor-baiter is virtually always a twin-headed creature spewing anti-Negro epithets from one mouth and anti-labor propaganda from the other mouth.”

That same year, King condemned “right to work” laws in more general terms. “In our glorious fight for civil rights, we must guard against being fooled by false slogans, such as ‘right to work,'” he said. “It is a law to rob us of our civil rights and job rights. Its purpose is to destroy labor unions and the freedom of collective bargaining by which unions have improved wages and working conditions of everyone…

Wherever these laws have been passed, wages are lower, job opportunities are fewer, and there are no civil rights.”

According to Dixon, though numerous unions were segregated — and the AFL’s record on race is particularly checkered — in the early 1940s, Muse saw the CIO’s opposition to Jim Crow laws as a particular threat (later these national, competing entities merged into the AFL-CIO). An expert in

coded, racist public messaging, Muse’s group lobbied heavily for the successful passage of “anti-violence laws” that ultimately prohibited union strike picketing in states including Alabama, Arkansas, Florida, Mississippi, and Texas, effectively making illegal one of the primary tactics unions deploy in making grievances public, and accruing negotiation leverage.

Emboldened by these victories, in the late 1940s numerous other conservative state legislatures and governors cracked down on organizing efforts.

In Virginia, a battle between Virginia Electric and Power Company (predecessor to Dominion) and its workers led then-Governor William Tuck to pass a right-towork law in 1947. Tuck made national headlines for his antilabor resistance, and notably, was an enthusiastic participant in the Virginian strategy of “massive resistance” to the Supreme Court’s Brown vs Board of Education decision, which desegregated schools. In the US Congress, where Tuck represented Virginia from 1953-1969, the congressman fought vigorously against civil rights legislation in the 1960s.

In 1946 though, to smash efforts of energy sector labor to attain fair wages and safer working conditions, then-Governor Tuck drafted 1,600 “essential production and maintenance workers” of Virginia Electric and Power Company into an “unorganized militia,” a power play that temporarily reclassified private utility employees as members of the armed forces, whose chain of command leads to the governor. William Green, then President of the AFL, described the action as “involuntary servitude.”

After a response from the union that he found unsatisfactory, Tuck ordered 2,500 members of the Virginia State Guard to assemble in uniform. Each member was given papers to distribute to power company employees in their districts. According to a New York Times article published that week,

“One paper was a ‘notice of draft and order to report,’ addressed to the worker as ‘a member of the unorganized militia of Virginia.”

A second sheet of paper contained the following warnings: If and when any union of its employees calls its members out on strike, your status as an employee of such company shall thereupon cease, and you shall immediately thereafter be on active duty as a member of the State militia, and assist in the operation of said company’s plants and facilities which will be taken over by the Commonwealth of Virginia […] You are now subject to the military law of Virginia, and for disobedience to orders you are subject to such lawful punishment as a courtmartial may direct.

All male workers under the age of 55 received the above notices.

In this dramatic, legally-dubious union-busting maneuver by an anti-labor segregationist governor, one can observe the intersection of militarism, class struggle, corporate welfare and racism in Virginia.

Serving as an executive agent and state enforcer for the private utility that would ultimately transform into modern day Dominion, Tuck defeated the Virginia labor movement, and cemented some of the nation’s most aggressive antilabor policies into Virginian law.

Virginia’s contemporary position in the basement of labor rankings not only correlates with its ghastly record of human bondage, genocide, Jim Crow laws, and other systemic forms of anti-Blackness: the genealogy and impetus behind our labor laws and organizing restrictions are inextricably entwined with segregation and forced labor.

Last week’s announcement of a comprehensive union for VCU employees represents a dramatic step forward in the history of Virginia labor. VCU is the largest employer in the city of Richmond, and one of the top five largest institutions of higher learning in Virginia by population.

Moreover, a new law that went

into effect on May 1 will allow localities to determine whether non-state public employees will be allowed to collectively bargain.

For example, if a Virginia locality passes new ordinances permitting them to do so, teachers and police officers employed by the locality could be allowed to negotiate via a union. However, the transference of discretion to local governments in deciding the legality of union negotiation is reminiscent of the General Assembly’s passage of a Civilian Review Board bill last year, which critics say gives localities too much power to convene (or not convene) police review boards with limited tools. Similarly, in a state as business-friendly as Virginia, there is reason for skepticism about whether the new labor law will create substantive change for workers.

Furthermore, state employees, including all employees of state universities such as VCU, are not covered under the new bill, and will still be prohibited from both picketing and collective bargaining through a union.

Nonetheless, the new collective bargaining law, viewed alongside other signs of progress — including organizing efforts at multiple Virginia universities — may provide a glimmer of hope. With a Democrat-controlled General Assembly and Governorship, the recent passage of marijuana legalization in Virginia, and a 2021 election in full swing for numerous state-level positions, the Virginia labor movement may have a unique opportunity to expand and apply pressure to politicians.

How lawmakers and their counterparts in VCU administration respond to this moment may provide a litmus test for how far toward progressive, equitable reforms Old Dominion is willing to swing. - RVA Mag. Dominique is a composer and performer living in Richmond.

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