Chinese Staff and Workers' Association
Encyclopedia
The Chinese Staff and Worker's Association (CSWA) is a nonprofit, nonpartisan
workers' rights organization based in New York City
which educates and organizes workers in the United States
so that they may improve their working conditions. It primarily assists workers in restaurants, the garment
and construction
industries, although it is active among workers in a variety of professions. The organization serves workers from all backgrounds, most of its members are Chinese
and most of its efforts directed at employers in Chinatown
.
CSWA's Chinese name transliterates as "workers' social club."
CSWA is a worker center
, not a labor union
. It has often been described as a "pre-union" organization—an organization outside established organized labor but which can or should, over time, become a labor union. However, others point out that CSWA and other worker centers are more appropriately designated "post-union" organizations. CSWA leaders forcefully distinguish their organization from traditional labor unions. CSWA often criticizes labor unions for not advocating effectively on behalf of workers, and has negotiated with or sued labor unions for failing to fairly represent
their members.
CSWA has a membership of about 600 workers, although active supporters and volunteers number in the several hundreds. In addition to its headquarters, the organization has centers in Brooklyn
and the Lower East Side of Manhattan
. CSWA's executive director is its founder, Wing Lam.
CSWA's primary function is to help workers, most of whom are immigrants with a poor grasp of spoken and/or written English, understand their rights as workers under local, state and federal law. CSWA also assists workers by filing lawsuits against employers, either on its own or in cooperation with the Asian American Legal Defense and Education Fund
or attorneys working pro bono. CSWA also sponsors English-language classes, day-care, seminars on successful squatting
and employment fairs which help workers become better employees and which enhance their employment prospects.
In 1993, the group sued the Silver Palace restaurant in New York City's Chinatown on behalf of 17 waiters and busboys, alleging that the restaurant confiscated a portion of each workers' tips. During the legal battle, the employer locked out
the workers for seven months. In the ensuing legal battle, CSWA attorneys discovered that the owners kept two sets of books
, and the New York State Attorney General
also sued on the workers' behalf. In 1996, the National Labor Relations Board
awarded the workers $1.1 million in back pay. The restaurant declared bankruptcy and re-opened under new management. In 2003, a federal court ruled that the workers could continue their suit against the new owners. A partial settlement in the amount of $489,000 was reached later that year, and the lawsuit continued against those who had defaulted on their portion of the judgment.
A second significant case involved the Jing Fong restaurant. In 1997, CSWA convinced the New York State Attorney General to sue the restaurant for confiscating portions of the daily tips and wages of almost 60 workers. In 2000, a state court awarded the workers a $1.1 million judgment.
In 1999, CSWA sued the New York State Department of Labor, alleging that the closure of unemployment insurance offices in and near Chinatown violated the Civil Rights Act of 1964
. CSWA and the state settled in 2006, with the state agreeing to keep two offices open until a Chinese-language phone system was operational.
In June 2002, CSWA sponsored a rally at which nearly 2,000 Chinese and Hispanic immigrants demanded that the Federal Emergency Management Agency
(FEMA) provide medical coverage for residents in Chinatown and the Lower East Side in the wake of respiratory and other diseases caused by airborne particles released by the collapse of World Trade Center
buildings during the September 11, 2001 attacks
.
In 2004, the organization successfully lobbied for the introduction and passage of the "Unpaid Wages Prohibition Act" in New York state.
CSWA has also been active in politics. It successfully protested the gentrification
of Chinatown, which would have displaced many of the low-income residents the organization represents. A number of candidates for New York City Council
have come out of the ranks of CSWA staff and supporters, although none have been elected. However, the group did win a reorganization of city council districts, enhancing the voting strength of the residents of Chinatown. CSWA has also been active in the New York state legislature
(UNITE). However, his experiences with the union proved negative, and he left its employment in 1978.
That same year, Lam assisted Chinese workers at the Silver Palace, New York Chinatown's largest restaurant, in forming a union with the Hotel Employees and Restaurant Employees Union
(HERE). The workers struck and won a contract—the first union contract for workers at a Chinese restaurant in New York City. Unhappy with HERE, however, the workers disaffiliated in 1980 and formed the Chinese Staff and Workers' Association. The former HERE affiliate, Local 318 Restaurant Workers Union, became part of CSWA.
CSWA soon organized unions at other restaurants.
CSWA has since expanded its outreach to workers in a variety of industries. It has been most active in the garment industry, where working conditions are harsh and non-payment and under-payment of wages common. It has also assisted workers in the construction industry, where it has demanded an end to discrimination against Chinese construction workers.
study in 1997 found that 90 percent of the 3,000 garment manufacturing shops in New York City's Chinatown were sweatshop
s. About 70 percent of the shops are owned by ethnic Chinese. Most employers pay by the piece rather than the legally-required minimum wage
, and violations of wage and overtime standards are common. Injuries are frequent, and some of them crippling, but workplace safety laws are rarely enforced and few employers participate as required in the state workers' compensation system.
Since 1981, the Chinese Staff and Workers' Association has sponsored a number of programs to assist garment workers, almost all of them women, in addressing workplace problems. For example, CSWA has launched manufacturing accountability campaigns to require manufacturers as well as contractors to pay wages. The organization filed a successful class action
lawsuit for back wages, and has a number of other legal actions pending.
In 1996, CSWA founded the National Mobilization Against Sweatshops (NMASS) to help bring an end to sweatshop labor. NMASS has launched a number of highly publicized campaigns for corporate accountability. Its most famous effort involved DKNY
, which was alleged to have permitted its contractors to underpay workers and fire those who protested their treatment.
Nonpartisan (American organizations)
A nonpartisan organization, in American politics, is a non-profit organization organized under United States Internal Revenue Code that qualifies for tax-exempt status because it refrains from engaging in certain prohibited political activities...
workers' rights organization based in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
which educates and organizes workers in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
so that they may improve their working conditions. It primarily assists workers in restaurants, the garment
Textile industry
The textile industry is primarily concerned with the production of yarn, and cloth and the subsequent design or manufacture of clothing and their distribution. The raw material may be natural, or synthetic using products of the chemical industry....
and construction
Construction
In the fields of architecture and civil engineering, construction is a process that consists of the building or assembling of infrastructure. Far from being a single activity, large scale construction is a feat of human multitasking...
industries, although it is active among workers in a variety of professions. The organization serves workers from all backgrounds, most of its members are Chinese
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
and most of its efforts directed at employers in Chinatown
Chinatown, Manhattan
Manhattan's Chinatown , home to one of the highest concentrations of Chinese people in the Western hemisphere, is located in the borough of Manhattan in New York City...
.
CSWA's Chinese name transliterates as "workers' social club."
CSWA is a worker center
Worker center
Worker centers are non-profit organizations that organize workers who are not already members of a collective bargaining organization . Many worker centers in the United States focus on immigrant workers, and most focus on low-wage workers in sectors such as restaurant, construction, day labor or...
, not a labor union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
. It has often been described as a "pre-union" organization—an organization outside established organized labor but which can or should, over time, become a labor union. However, others point out that CSWA and other worker centers are more appropriately designated "post-union" organizations. CSWA leaders forcefully distinguish their organization from traditional labor unions. CSWA often criticizes labor unions for not advocating effectively on behalf of workers, and has negotiated with or sued labor unions for failing to fairly represent
Duty of fair representation
The duty of fair representation is incumbent upon U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without discrimination...
their members.
CSWA has a membership of about 600 workers, although active supporters and volunteers number in the several hundreds. In addition to its headquarters, the organization has centers in Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
and the Lower East Side of Manhattan
Lower East Side, Manhattan
The Lower East Side, LES, is a neighborhood in the southeastern part of the New York City borough of Manhattan. It is roughly bounded by Allen Street, East Houston Street, Essex Street, Canal Street, Eldridge Street, East Broadway, and Grand Street....
. CSWA's executive director is its founder, Wing Lam.
Goals and activities
CSWA engages in educational efforts, assists workers in enforcing their legal rights and helps workers become more effective advocates in the workplace.CSWA's primary function is to help workers, most of whom are immigrants with a poor grasp of spoken and/or written English, understand their rights as workers under local, state and federal law. CSWA also assists workers by filing lawsuits against employers, either on its own or in cooperation with the Asian American Legal Defense and Education Fund
Asian American Legal Defense and Education Fund
The Asian American Legal Defense and Education Fund is a New York-based national organization founded in 1974 that protects and promotes the civil rights of Asian Americans. By combining litigation, advocacy, education, and organizing, AALDEF works with Asian American communities across the...
or attorneys working pro bono. CSWA also sponsors English-language classes, day-care, seminars on successful squatting
Squatting
Squatting consists of occupying an abandoned or unoccupied space or building, usually residential, that the squatter does not own, rent or otherwise have permission to use....
and employment fairs which help workers become better employees and which enhance their employment prospects.
Legal activities
CSWA's legal efforts have achieved several significant victories.In 1993, the group sued the Silver Palace restaurant in New York City's Chinatown on behalf of 17 waiters and busboys, alleging that the restaurant confiscated a portion of each workers' tips. During the legal battle, the employer locked out
Lockout (industry)
A lockout is a work stoppage in which an employer prevents employees from working. This is different from a strike, in which employees refuse to work.- Causes :...
the workers for seven months. In the ensuing legal battle, CSWA attorneys discovered that the owners kept two sets of books
Two sets of books
The concept of "two sets of books" refers to the practice of attempting to hide or disguise certain transactions from outsiders by having a set of fraudulent books for official use and another, the real set, for personal records....
, and the New York State Attorney General
New York State Attorney General
The New York State Attorney General is the chief legal officer of the State of New York. The office has been in existence in some form since 1626, under the Dutch colonial government of New York.The current Attorney General is Eric Schneiderman...
also sued on the workers' behalf. In 1996, the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
awarded the workers $1.1 million in back pay. The restaurant declared bankruptcy and re-opened under new management. In 2003, a federal court ruled that the workers could continue their suit against the new owners. A partial settlement in the amount of $489,000 was reached later that year, and the lawsuit continued against those who had defaulted on their portion of the judgment.
A second significant case involved the Jing Fong restaurant. In 1997, CSWA convinced the New York State Attorney General to sue the restaurant for confiscating portions of the daily tips and wages of almost 60 workers. In 2000, a state court awarded the workers a $1.1 million judgment.
Legislative and policy-making activities
CSWA also mobilizes its members and immigrant workers in favor of legislation and government policies which improve the lives of its members and those it claims to represent.In 1999, CSWA sued the New York State Department of Labor, alleging that the closure of unemployment insurance offices in and near Chinatown violated the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
. CSWA and the state settled in 2006, with the state agreeing to keep two offices open until a Chinese-language phone system was operational.
In June 2002, CSWA sponsored a rally at which nearly 2,000 Chinese and Hispanic immigrants demanded that the Federal Emergency Management Agency
Federal Emergency Management Agency
The Federal Emergency Management Agency is an agency of the United States Department of Homeland Security, initially created by Presidential Reorganization Plan No. 1 of 1978 and implemented by two Executive Orders...
(FEMA) provide medical coverage for residents in Chinatown and the Lower East Side in the wake of respiratory and other diseases caused by airborne particles released by the collapse of World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
buildings during the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
.
In 2004, the organization successfully lobbied for the introduction and passage of the "Unpaid Wages Prohibition Act" in New York state.
CSWA has also been active in politics. It successfully protested the gentrification
Gentrification
Gentrification and urban gentrification refer to the changes that result when wealthier people acquire or rent property in low income and working class communities. Urban gentrification is associated with movement. Consequent to gentrification, the average income increases and average family size...
of Chinatown, which would have displaced many of the low-income residents the organization represents. A number of candidates for New York City Council
New York City Council
The New York City Council is the lawmaking body of the City of New York. It has 51 members from 51 council districts throughout the five boroughs. The Council serves as a check against the mayor in a "strong" mayor-council government model. The council monitors performance of city agencies and...
have come out of the ranks of CSWA staff and supporters, although none have been elected. However, the group did win a reorganization of city council districts, enhancing the voting strength of the residents of Chinatown. CSWA has also been active in the New York state legislature
Backlash
The work of the Chinese Staff and Worker's Association has occasionally drawn a violent response. In 1982, a suspicious fire burned down the organization's first office. One report states that men armed with clubs stormed the group's offices and made death-threats against the staff in 1997, and a second attempt was made to burn group's second headquarters down in 2000. Another says that in 1997, days after the New York State Attorney General announced a $1.5 million lawsuit against the Jing Fong restaurant, CSWA's Manhattan office was fire bombed.http://cswa.org/www/our_history.asp A third report has it that a bomb was detonated outside CSWA headquarters in 2000 after the group won its legal suit against the Jing Fong restaurant.Founding
Wing Lam is a Chinese immigrant who was a member of, and later a staff organizer for, the Union of Needletrades, Industrial and Textile EmployeesUnion of Needletrades, Industrial and Textile Employees
The Union of Needle trades, Industrial, and Textile Employees was a labor union in the United States, formed in 1995 as a merger between the International Ladies' Garment Workers' Union and the Amalgamated Clothing and Textile Workers Union...
(UNITE). However, his experiences with the union proved negative, and he left its employment in 1978.
That same year, Lam assisted Chinese workers at the Silver Palace, New York Chinatown's largest restaurant, in forming a union with the Hotel Employees and Restaurant Employees Union
Hotel Employees and Restaurant Employees Union
The Hotel Employees and Restaurant Employees Union , was a United States labor union representing workers of the hospitality industry, formed in 1891. In 2004, HERE merged with the Union of Needletrades, Industrial, and Textile Employees to form UNITE HERE. HERE notably organized the staff of Yale...
(HERE). The workers struck and won a contract—the first union contract for workers at a Chinese restaurant in New York City. Unhappy with HERE, however, the workers disaffiliated in 1980 and formed the Chinese Staff and Workers' Association. The former HERE affiliate, Local 318 Restaurant Workers Union, became part of CSWA.
CSWA soon organized unions at other restaurants.
CSWA has since expanded its outreach to workers in a variety of industries. It has been most active in the garment industry, where working conditions are harsh and non-payment and under-payment of wages common. It has also assisted workers in the construction industry, where it has demanded an end to discrimination against Chinese construction workers.
Garment industry activities
CSWA is very active in opposing unhealthy and illegally working conditions in New York City's garment industry. Abuse of workers in the industry is high. A United States Department of LaborUnited States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
study in 1997 found that 90 percent of the 3,000 garment manufacturing shops in New York City's Chinatown were sweatshop
Sweatshop
Sweatshop is a negatively connoted term for any working environment considered to be unacceptably difficult or dangerous. Sweatshop workers often work long hours for very low pay, regardless of laws mandating overtime pay or a minimum wage. Child labour laws may be violated. Sweatshops may have...
s. About 70 percent of the shops are owned by ethnic Chinese. Most employers pay by the piece rather than the legally-required minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
, and violations of wage and overtime standards are common. Injuries are frequent, and some of them crippling, but workplace safety laws are rarely enforced and few employers participate as required in the state workers' compensation system.
Since 1981, the Chinese Staff and Workers' Association has sponsored a number of programs to assist garment workers, almost all of them women, in addressing workplace problems. For example, CSWA has launched manufacturing accountability campaigns to require manufacturers as well as contractors to pay wages. The organization filed a successful class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit for back wages, and has a number of other legal actions pending.
In 1996, CSWA founded the National Mobilization Against Sweatshops (NMASS) to help bring an end to sweatshop labor. NMASS has launched a number of highly publicized campaigns for corporate accountability. Its most famous effort involved DKNY
DKNY
DKNY is a label of fashion designer Donna Karan. It is also the name of a clothing store in New York City featuring Donna Karan's associated line.-History:...
, which was alleged to have permitted its contractors to underpay workers and fire those who protested their treatment.