The Chinese Staff and Worker's Association (CSWA) () is a

nonprofit A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

nonpartisan Nonpartisanism is a lack of affiliation with, and a lack of bias towards, a political party. While an Oxford English Dictionary definition of ''partisan'' includes adherents of a party, cause, person, etc., in most cases, nonpartisan refers sp ...

workers' rights organization based in

New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

which educates and organizes workers in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

so that they may improve their working conditions. It primarily assists workers in restaurants, the

garment Clothing (also known as clothes, apparel, and attire) are items worn on the human body, body. Typically, clothing is made of fabrics or textiles, but over time it has included garments made from animal skin and other thin sheets of materials ...

and

construction Construction is a general term meaning the art and science to form objects, systems, or organizations,"Construction" def. 1.a. 1.b. and 1.c. ''Oxford English Dictionary'' Second Edition on CD-ROM (v. 4.0) Oxford University Press 2009 and com ...

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 can refer to: * Something related to China * Chinese people, people of Chinese nationality, citizenship, and/or ethnicity **''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation ** List of ethnic groups in China, people of ...

and most of its efforts directed at employers in

Chinatown A Chinatown () is an ethnic enclave of Chinese people located outside Greater China, most often in an urban setting. Areas known as "Chinatown" exist throughout the world, including Europe, North America, South America, Asia, Africa and Austra ...

. CSWA's Chinese name transliterates as "workers' social club."Macawili, "Chinatown Workers Organize - New York City," ''The Progressive,'' February 1994. CSWA is a

worker center Worker centers are non-profit community-based mediating organizations that organize and provide support to communities of low wage workers who are not already members of a collective bargaining organization (such as a trade union) or have been lega ...

, not a

labor union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

. 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."The Chinese Staff and Workers' Association," in ''The New Rank and File,'' 2000. 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.Hsiao, "Chinatown in Limbo," ''Village Voice,'' May 30, 2001Brecher, "Labor Update: Organizing the New Workforce," ''Z Magazine,'' July/August 1998. 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 () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...

and

Flushing Flushing may refer to: Places * Flushing, Cornwall, a village in the United Kingdom * Flushing, Queens, New York City ** Flushing Bay, a bay off the north shore of Queens ** Flushing Chinatown (法拉盛華埠), a community in Queens ** Flushing ...

. CSWA's executive director is its founder, Wing Lam.Tait, ''Poor Workers Unions: Rebuilding Labor From Below,'' 2004; Louie, ''Sweatshop Warriors,'' 2001.

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 The Asian American Legal Defense and Education Fund (AALDEF) is a New York-based national organization founded in 1974 that seeks to protect and promote the civil rights of Asian Americans. By combining litigation, advocacy, education, and organiz ...

or attorneys working

pro bono ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...

.Kolbert, "The Unfashionable Mr. Lam," ''Mother Jones,'' September/October 2001. CSWA also sponsors English-language classes, day-care, seminars on successful

squatting Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there ...

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 Lock(s) may refer to: Common meanings *Lock and key, a mechanical device used to secure items of importance *Lock (water navigation), a device for boats to transit between different levels of water, as in a canal Arts and entertainment * ''Lock ...

the workers for seven months. In the ensuing legal battle, CSWA attorneys discovered that the owners kept

two sets of books The concept of "two sets of books" refers to the practice of attempting to hide or disguise certain financial transactions from outsiders by having a set of fraudulent accounting records (or "books") for official use and another, the real set, f ...

, and the

New York State Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government of ...

also sued on the workers' behalf. In 1996, the

National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...

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 The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...

. CSWA and the state settled in 2006, with the state agreeing to keep two offices open until a Chinese-language phone system was operational.O'Brien, "Chinese Workers Rally Against Job Training Program," ''Downtown Express,'' July 15, 2003. In June 2002, CSWA sponsored a rally at which nearly 2,000 Chinese and Hispanic immigrants demanded that the

Federal Emergency Management Agency The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security (DHS), initially created under President Jimmy Carter by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Exec ...

(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 Centers are sites recognized by the World Trade Centers Association. World Trade Center may refer to: Buildings * List of World Trade Centers * World Trade Center (2001–present), a building complex that includes five skyscrapers, a ...

buildings during the

September 11, 2001 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial ...

. 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 is the process of changing the character of a neighborhood through the influx of more Wealth, affluent residents and businesses. It is a common and controversial topic in urban politics and urban planning, planning. 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 The New York City Council is the lawmaking body of New York City. It has 51 members from 51 council districts throughout the five Borough (New York City), boroughs. The council serves as a check against the Mayor of New York City, mayor in a may ...

have come out of the ranks of CSWA staff and supporters, although none have been elected, but in 2021, ((Christopher Marte)) won in a landslide victory over the candidates who had ties to the real estate and neoliberal special interests, such as Margaret Chin' backed Gigi Li and the Chinese-American Planning Council' candidate, Jenny Lam Low. 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."Migrating From Exploitation to Dignity...", ''Multinational Monitor,'' October 2001. 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 bombe

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.Reiss, "Sweat and Sour - Migrant Labour - Illegal Chinese Workers in New York City," ''New Internationalist,'' December 2001.

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 Employees The Union of Needletrades, Industrial, and Textile Employees (UNITE, often stylized UNITE!) was a labor union in the United States. In 2004, UNITE merged with the Hotel Employees and Restaurant Employees Union (HERE) to form UNITE HERE. Histor ...

(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 The Hotel Employees and Restaurant Employees Union (HERE) was a United States labor union representing workers of the hospitality industry, formed in 1890. In 2004, HERE merged with the Union of Needletrades, Industrial, and Textile Employees (UN ...

(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 Labor The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemploym ...

study in 1997 found that 90 percent of the 3,000 garment manufacturing shops in New York City's Chinatown were

sweatshop A sweatshop or sweat factory is a crowded workplace with very poor, socially unacceptable or illegal working conditions. Some illegal working conditions include poor ventilation, little to no breaks, inadequate work space, insufficient lighting, o ...

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 A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Bec ...

, 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 Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...

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 A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...

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 is a New York City–based fashion house for men and women, founded in 1984 by Donna Karan. History Karan worked for 15 years at Anne Klein, including 10 as its head designer. In 1984 Karan and her late husband Stephan Weiss were offered t ...

, which was alleged to have permitted its contractors to underpay workers and fire those who protested their treatment.

Anti-Displacement activities

CSWA sued the City of NY in 1986, ''Chinese Staff and Workers Association et al., Appellants, v. City of New York et al., Respondents,'' for green lighting Henry Street Tower, a luxury residential development, arguing that the displacement of neighborhood residents and businesses caused by a proposed project is an environmental impact within the purview of SEQRA and CEQR, and the failure of respondents to consider these potential effects renders their environmental analysis invalid.

Notes

References

*Barnes, Edward. "Slaves of New York." ''Time.'' November 2, 1998. *Brecher, Jeremy. "Labor Update: Organizing the New Workforce." ''Z Magazine.'' July/August 1998. *Chen, May Ying. "Reaching for Their Rights: Asian Workers in New York City." In ''Union Voices: Labor's Responses to Crisis.'' Glenn Adler and Doris Suarez, eds. Albany, N.Y.: State University of New York Press, 1992. *"Chinese and Hispanic Demonstrators Call for Health Care Coverage." ''World Journal.'' June 6, 2002. *"The Chinese Staff and Workers' Association." In ''The New Rank and File.'' Staughton Lynd and Alice Lynd, eds. Ithaca, N.Y.: Cornell University Press, 2000. *Cho, Mil Young. "Immigrant Workers Fight History's Vicious Cycle of Exploitation." ''AsianWeek.'' July 2, 1993. *Day, Susan. "New Ways of Organizing in Manhattan." ''Z Magazine.'' March 1993. *Gordon, Jennifer. "American Sweatshops: Organizing Workers in the Global Economy." ''Boston Review.'' Summer 2005. *Haq, Farhan. "New York Sweatshops Increasing, Govt. Study Shows." ''Albion Monitor.'' October 27, 1997. *Harlan, Heather. "Waiters' 20-year Battle Ends With Very Big Tip." ''AsianWeek.'' August 1, 2003. *Hsiao, Andrew. "Chinatown in Limbo." ''Village Voice.'' May 30, 2001. *"Heroes: Wing Lam." ''Mother Jones.'' January/February 1992. *Hollens, Mary. "Workers Center: Organizing in Both the Workplace and Community." ''Labor Notes.'' September 1994. *Kolbert, Elizabeth. "The Unfashionable Mr. Lam." ''Mother Jones.'' September/October 2001. *Kwong, Peter. "Chinese Staff and Workers Association: A Model for Organizing in the Changing Economy?" ''Social Policy.'' 25:2 (Winter 1994). *Kwong, Peter. ''Forbidden Workers: Illegal Chinese Immigrants and American Labor.'' New York: New Press, 1998. *Kwong, Peter. "Forbidden Workers and the U.S. Labor Movement: Fuzhounese in New York City." ''Critical Asian Studies.'' 34:1 (March 1, 2002). *Kwong, Peter and Lum, JoAnn. "How the Other Half Lives Now." ''The Nation.'' June 18, 1988. *Lee, Jennifer. "Jing Fong: Unfair Labor Practices in Chinatown." ''Asian American Policy Review.'' Spring 1997. *Lii, Jane. "Restaurant Pact: Isolated Victory?" ''New York Times.'' March 20, 1994. *Lim, Ji Hyun. "Women's Leadership Conference - Voices Speak Up." ''Asian Week.'' September 7, 2001. * *Macawili, Wesley. "Chinatown Workers Organize - New York City." ''The Progressive.'' February 1994. *"Migrating From Exploitation to Dignity: Immigrant Women Workers and the Struggle for Justice; An Interview with Miriam Ching Yoon Louie." ''Multinational Monitor.'' October 2001. *"NYS Department of Labor Expands Automated Voice System to Serve Chinese-Speaking Unemployment Insurance Recipients." ''Asian Connections.'' October 11, 2006. *O'Brien, Elizabeth. "Chinese Workers Rally Against Job Training Program." ''Downtown Express.'' July 15, 2003. *Racheff, Peter. "Seeds of a Labor Resurgency." ''The Nation.'' February 21, 1994. *Reinholz, Mary. "Chinatown Waiters Win $500,000 Settlement." ''Downtown Express.'' July 15, 2003. *Reiss, Matthew. "Sweat and Sour - Migrant Labour - Illegal Chinese Workers in New York City." ''New Internationalist.'' December 2001. *Tait, Vanessa. ''Poor Workers Unions: Rebuilding Labor From Below.'' Cambridge, Mass.:

South End Press South End Press was a non-profit book publisher run on a model of participatory economics. It was founded in 1977 by Michael Albert, Lydia Sargent, Juliet Schor, among others, in Boston's South End. It published books written by political activi ...

, 2004. *Wallace, Daniel. "Protest Group Criticizes State Compensation Bill." ''Downtown Express.'' December 9, 2005.

External links

Chinese and Staff Workers' Association Web siteNational Mobilization Against Sweatshops Web site
{{Chinese American organizations 1980 establishments in the United States Non-profit organizations based in New York City History of labor relations in the United States Community organizations Chinese-American organizations Chinese-American culture in New York City Organizations established in 1980