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New Ruling Could Give Labor A New Toehold In Silicon Valley
By Raj Jayadev
Date: 10-10-00
After 27 years, the National Labor Relations Board has
overturned a rule that said workers employed through a temporary agency
could not join the union representing other employees at their workplace.
The change is of great interest in Silicon Valley, where temp employees are
the rule in some parts of the high-tech industry -- parts the unions have
tended to overlook. PNS correspondent Raj Jayadev is the Silicon
Valley/Digital Divide editor for YO! Youth Outlook, a monthly newspaper by
and about Bay Area youth published by Pacific News Service.
A landmark National Relations Labor Board ruling that makes it easier
for temporary workers to join unions could shake up Silicon Valley -- if
organized labor can seize the opportunity. So far, unions have barely
noticed the workers affected by the NLRB move.
Under the new ruling, temp workers at a business can join the union
representing the company's permanent employees without prior
consent from the employment agency which actually employs the
temps. This breaks a precedent set 27 years ago.
The ruling carries particular weight in Silicon Valley, because the
"high-tech" industry employs more temporary workers than almost any
other sector of the economy.
Nancy Shiffer, of the AFL-CIO legal department, says the NLRB ruling
"opens the doors for temps to have the same protections as regular
employees. Before, as a practical matter, they couldn't organize under
federal labor law."
William Goulde, former head of the NRLB, also sees the ruling as "a
great opportunity to organize temps." He says accounts that claim the
ruling will have only limited effect are incorrect. "It has complete
applicability, even at places without a pre-existing union."
In Silicon Valley, an estimated 32,000 people in a workforce of
800,0000 are employed through temp agencies.
With 250 temp agencies in Santa Clara County alone (the center of
Silicon Valley), the rate of temporary employment is three times the
national average. Organized labor, on the other hand, has witnessed a
steady decline, with only 10 percent of the labor force in the Valley
belonging to unions.
In the electronics industry, low-wage blue-collar workers are among the
most likely to work through temp agencies and the least likely to
belong to a union. The approximately 7,000 "electronic assemblers" in
Santa Clara County work mostly in low-wage production line jobs that
involve manufacture and assembly of standard computer parts.
Most are hired through temp agencies which offer no health benefits or
job security and offer an average pay of $7.00 an hour.
Since routine assembly and manufacturing are not commonly thought
of as part of the digital workforce, these workers have been excluded
from discussions of organizing in the "new economy." Indeed, there is
so little awareness of low-wage temporary workers that their exact
number is unknown.
"That's the number we are all looking for," said Van Harris, policy
director at the South Bay Labor Council, a coalition of over 110 unions
in the Valley. He blames the high level of job-shifting in the industry.
But Ruben Barrelas, head of Joint Ventures, a leading research firm,
says, "Nobody categorizes jobs like that in the Valley. If it was a sexy
kind of topic -- like the number of dot-coms -- people would know."
The NLRB ruling itself came as a result of unions' efforts to stay alive
in the flexible new economy -- efforts directed mostly at office and
highly trained employees.
For example, the Communication Workers of America (CWA) now
represents "perm-a-temp" programmers at Microsoft and Amazon.com
in the state of Washington. It is trying to organize IBM office
employees as well. In the Silicon Valley, organized labor has put
tremendous resources and energy into gaining influence in the white
collar side of the computer industry.
Here the CWA has launched a "Network Professionals" training project
which gives participants -- all trained professionals -- networking
certification from Cisco Systems at a heavily discounted price if they
join the union. The program offers job placement at major Valley
companies upon completion.
Going even further, the South Bay Labor Council, among the country's
most vocal advocates for temporary workers, has set up its own
nonprofit temporary agency called Solutions at Work, which offers
union wages and a portable benefits program.
However, this program, too, focuses mainly on office and clerical
employees rather than manufacturing and "low-skilled" assembly
workers -- again, because they are not seen as part of the new
high-tech economy.
The distance between organized labor and the Valley's hidden
workforce is longstanding. Indeed, no union has held a significant
presence in the blue-collar side of high-tech for the last 20 years. Lost
somewhere between the old and the new economies, this unseen
workforce has consistently been brushed aside by organized labor.
The Labor Council's Harris says this is changing. "We are trying to start
to go after some light-assembly in our temp program, we're about
80/20 (office vs. assembly) participation now," he says. This sort of
expansion could be the chance labor has been hoping for in the face of
declining union participation.
Harris feels the organizing moment has come, now that the NLRB
decision says temps can vote in certification elections and join unions.
"Even without a traditional organizing base, as a workforce they will be
looking to the union as the entity that fights for rights in the
workplace."

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