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Chinese Daily News Vote Reflects Assault on Rights
Union supporters at the Chinese Daily News made a strong stand for their union voice. But they couldn't overcome a nearly $2 million anti-union attack by management and the blatant bias of the National Labor Relations Board.
Nearly four and a half years after workers first voted for union representation in March 2001, a second election ordered by the NLRB was held. That vote failed by a 52-92 vote on Sept. 23.
The union will continue to support the Chinese Daily News workers and pursue the many unfair labor practice charges that have been brought to the NLRB because of management abuse.
The Chinese Daily News management used terror tactics to influence workers throughout the company, but it also used a soft approach to convince some workers to give them a chance.
Over the weeks leading up to the election, management put up posters and sent out many communications to workers, at least one or two every day, that in very strong language told workers that the union wanted to tear down their company.
Even today, after the vote, workers are fearful of management harassment and are reluctant to be identified.
Workers were very fearful that they would be penalized or fired by management for supporting the union, said one supporter who works in the sales department. "Many of the employees are still afraid that something will happen to them, that the company will find an excuse to fire them," he said.
The new president and general manager, on the job for about a year, concentrated on daytime workers, making big promises, buying lunches and dinners and appealing to employees to "give us a chance and trust us," this worker reported.
But coupled with the soft talk was management's threat that workers would lose their insurance and other benefits, the activist noted. "'All of your benefits and insurance are controlled by the company,' we were told. 'If you have a union, I promise that you will start from nothing. We won't give you any benefits,'" was the threat employees heard, he said.
The Chinese Daily News situation is a textbook example of management's ability to break the law without penalty and exploit the current NLRB's bias against workers' right to a union and to bargain collectively, said CWA President Larry Cohen.
"We will fight for the future, to win the Employee Free Choice Act, which will restore workers' rights and end the system's rewards for management's illegal and unjust behavior," he said.
Over the four and a half years, management was found guilty of scores of unfair labor practices, with the NLRB issuing complaints against the company's threats, interrogations and retaliation against union supporters, among others.
Chinese Daily News workers built a committee that stayed strong through the long struggle, with support and commitment from TNG-CWA and District 9 locals. Hsiao-tse Chao was a 20-year career reporter with the Chinese Daily News who quit in disgust after the company's behavior in the 2001 election. Since then, she has been working as an organizer and helped keep the committee at the Chinese Daily News strong and positive, even gaining new supporters. Even after Lynne Wang, one of the earliest union activists, was fired just a few weeks before the vote, the courage of the committee never wavered.
"The next time you say the Pledge of Allegiance, think of these poor immigrant workers who wanted to realize the American dream in their workplace by having a collective voice. They conducted a democratic vote, chose a workplace representative and had their vote unrecognized for more than four years," TNG-CWA President Linda Foley said.
"Instead of participating in the democratic process, they were subjected to a campaign of abuse from their employer. The NLRB, which is supposed to promote and protect their rights, did nothing while workers were berated, fired, demoted, transferred and otherwise abused by their employer," said Foley.
Following the 2001 vote, when workers voted 78-63 for a union, the Chinese Daily News employees petitioned the National Labor Relations Board several times to direct management to respect and recognize the election results and begin bargaining. No action was taken until summer of 2005, when the NLRB set aside the vote and ordered a second election.
The majority NLRB opinion cited "supervisory taint," even though there was no evidence of interference by the supervisor named. In fact, the decision that Ching Shan Lin should be classified as a supervisor wasn't made until long after the authorization cards had been distributed.
In a dissent to that vote, Member Wilma Liebman observed that by allowing the process to drag on for four years, the majority had provided itself with the opportunity "to apply its new approach retroactively." In fact, under the NLRB policy in effect before December 2004 - still more than three years after the election at the Chinese Daily News - the union would have been certified.
Nearly four and a half years after workers first voted for union representation in March 2001, a second election ordered by the NLRB was held. That vote failed by a 52-92 vote on Sept. 23.
The union will continue to support the Chinese Daily News workers and pursue the many unfair labor practice charges that have been brought to the NLRB because of management abuse.
The Chinese Daily News management used terror tactics to influence workers throughout the company, but it also used a soft approach to convince some workers to give them a chance.
Over the weeks leading up to the election, management put up posters and sent out many communications to workers, at least one or two every day, that in very strong language told workers that the union wanted to tear down their company.
Even today, after the vote, workers are fearful of management harassment and are reluctant to be identified.
Workers were very fearful that they would be penalized or fired by management for supporting the union, said one supporter who works in the sales department. "Many of the employees are still afraid that something will happen to them, that the company will find an excuse to fire them," he said.
The new president and general manager, on the job for about a year, concentrated on daytime workers, making big promises, buying lunches and dinners and appealing to employees to "give us a chance and trust us," this worker reported.
But coupled with the soft talk was management's threat that workers would lose their insurance and other benefits, the activist noted. "'All of your benefits and insurance are controlled by the company,' we were told. 'If you have a union, I promise that you will start from nothing. We won't give you any benefits,'" was the threat employees heard, he said.
The Chinese Daily News situation is a textbook example of management's ability to break the law without penalty and exploit the current NLRB's bias against workers' right to a union and to bargain collectively, said CWA President Larry Cohen.
"We will fight for the future, to win the Employee Free Choice Act, which will restore workers' rights and end the system's rewards for management's illegal and unjust behavior," he said.
Over the four and a half years, management was found guilty of scores of unfair labor practices, with the NLRB issuing complaints against the company's threats, interrogations and retaliation against union supporters, among others.
Chinese Daily News workers built a committee that stayed strong through the long struggle, with support and commitment from TNG-CWA and District 9 locals. Hsiao-tse Chao was a 20-year career reporter with the Chinese Daily News who quit in disgust after the company's behavior in the 2001 election. Since then, she has been working as an organizer and helped keep the committee at the Chinese Daily News strong and positive, even gaining new supporters. Even after Lynne Wang, one of the earliest union activists, was fired just a few weeks before the vote, the courage of the committee never wavered.
"The next time you say the Pledge of Allegiance, think of these poor immigrant workers who wanted to realize the American dream in their workplace by having a collective voice. They conducted a democratic vote, chose a workplace representative and had their vote unrecognized for more than four years," TNG-CWA President Linda Foley said.
"Instead of participating in the democratic process, they were subjected to a campaign of abuse from their employer. The NLRB, which is supposed to promote and protect their rights, did nothing while workers were berated, fired, demoted, transferred and otherwise abused by their employer," said Foley.
Following the 2001 vote, when workers voted 78-63 for a union, the Chinese Daily News employees petitioned the National Labor Relations Board several times to direct management to respect and recognize the election results and begin bargaining. No action was taken until summer of 2005, when the NLRB set aside the vote and ordered a second election.
The majority NLRB opinion cited "supervisory taint," even though there was no evidence of interference by the supervisor named. In fact, the decision that Ching Shan Lin should be classified as a supervisor wasn't made until long after the authorization cards had been distributed.
In a dissent to that vote, Member Wilma Liebman observed that by allowing the process to drag on for four years, the majority had provided itself with the opportunity "to apply its new approach retroactively." In fact, under the NLRB policy in effect before December 2004 - still more than three years after the election at the Chinese Daily News - the union would have been certified.