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NLRB Judge Cites Abuses at Chinese Daily News

In a partial victory for the long-suffering workers at the Chinese Daily News, a National Labor Relations Board administrative law judge has found the newspaper guilty of 14 counts of unfair labor practices in its relentless campaign against unionization for 150 employees.

The decision is separate from the still-pending case against the company for refusing to recognize the union in the four years since workers voted, March 19, 2001, to be represented by The Newspaper Guild-CWA. The company faces no penalties as a result of the ruling, other than the requirement to post the decision in English and Chinese.

The charges date back more than four years, to when workers began their organizing campaign. Management at the Los Angeles-based Chinese-language daily responded with an abusive pattern of threats, intimidation, humiliation and firings against organizers and supporters. Despite the vicious backlash, which continues today, workers have stuck together and their struggle has gained national prominence in the labor movement.

The 79-page decision by Administrative Law Judge Clifford Andersen acquitted the company on 21 charges. The NLRB lawyer representing the workers, as well as the highly paid company attorneys, both plan appeals, TNG Representative Carrie Biggs-Adams said.

"Some justice is better than no justice," Biggs-Adams said with regard to the split decision. "But truly, because they don't have a certification of their election four years ago, they have no right to bargain, they have no right to exercise their power in the workplace. And that's exactly the way the company wants it."

Judge Alexander found the newspaper guilty of threatening reprisals against workers if they didn't stop supporting the union, threatening job losses if they unionized, banning discussion of the union and threatening to fire workers for doing so, and telling union supporters they were to blame for smaller annual bonuses.

Biggs-Adams said there's no timeline as to when the NLRB, which has grown considerably more hostile to workers under the Bush administration, will rule on the company's refusal to recognize the union.

Illustrating the growing bond between the supposed labor rights board and corporate America, she noted that NLRB Chairman Robert Battista was the keynote speaker at a conference hosted by the Chinese Daily News' union-busting attorneys.