Worker Centers: Emerging Labor Organizations – Until They Confront the National Labor Relations Act
Source: David Rosenfeld, Berkeley Journal of Employment and Labor Law, 2006, Volume 27, no. 2
... Two new books dramatically illustrate the long-term failures of workers and their traditional institutions and effectively describe the efforts of the worker center movement to fill the void in advocacy for low-income workers. ... Predictably, the employer filed a charge with the NLRB asserting that CULA was acting as a "labor organization" within the meaning of the NLRA and was engaged in illegal picketing. ... Moreover, it would not seem likely that a worker center could easily shed the attachment of labor organization status without taking decisive steps to eliminate activity which reflected "dealing with employers." ... Thus, the worker center would have to cease dealing with every employer to stop acting as a labor organization. ... The Board in CULA flatly rejected the suggestion that representation of employees before state agencies was "dealing" with employers and related to its labor organization status. ... If the NLRB, the Department of Labor, or other agencies that enforce workplace laws determine that worker centers meet the test of "labor organization," this would create a substantial impediment, if not an insurmountable barrier, to the growth of the worker center movement. ... For low-wage immigrant workers, the activity may encompass walkouts, picketing, confronting the employer, demanding higher pay, and many other activities all without the involvement of any labor organization. ... Morris has no choice but to accept full labor organization status since he is arguing for NLRA sanction for bargaining. ...