NLRB Rules Chinese Daily News Violated Labor Law; Workers Still Wait for Justice

In a new victory for embattled workers who tried for years to form a union at the Chinese Daily News in Los Angeles, the National Labor Relations Board has ruled that an attorney violated federal labor law by asking an employee in a deposition whether he'd voted in favor of the union.

The Board decision reversed an earlier administrative law judge's ruling. The Board also upheld rulings in favor of the union that found the newspaper guilty of unfair labor practices that barred workers from wearing union insignia and prohibited union activity in non-work areas. The Board ordered the newspaper to rescind the policies.

In 2000, more than eight years ago, the Chinese Daily News employees began working with The Newspaper Guild-CWA for a union voice at the newspaper. Workers won representation in a 2001 election, despite management's illegal and abusive campaign of fear, intimidation and firings of union activists. The newspaper refused to recognize the union and continued its attack on workers, ultimately overturning the election victory.

The latest board ruling stems from a class-action wage and hour lawsuit filed by 200 embattled employees, who were forced to work many hours of unpaid overtime. A jury and federal judge in March 2008 collectively awarded the workers $5.19 million, and the company was ordered to pay an additional $3.52 million in attorney fees. Workers have yet to receive any award, since the newspaper is appealing the verdict to the federal appeals court.