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Monday, September 16, 2024

Labor watchdog uncovers Senator’s letter forged by union support group

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Coway USA union organizers, along with umbrella labor union officials, hold a press conference at the Koreatown Immigrant Workers Alliance (KIWA) on October 25, 2022. [Sangjin Kim, The Korea Daily]

An organization that has led the effort to help Korean American businesses in Los Angeles establish a labor union has been found to have engaged in unfair labor practices, including forging official documents during the unionization process.

In September, the National Labor Relations Board (NLRB), an independent federal agency that investigates and regulates unfair labor practices, decided to re-vote on the unionization of Coway USA.

In October of 2022, Coway USA’s National Labor Relations Board (NLRB) held a mail-in election to determine whether to authorize a labor union. At the time, the company (Coway USA) filed a complaint against the California Restaurant & Retail Workers Union (CRRWU), which supported the unionization, accusing it of falsifying documents and attempting to intimidate voters.

The Korea Daily looked into what led to the NLRB’s decision to recount the vote.

According to the documents the Korea Daily obtained, CRRWU President Jose Hernandez sent a letter of support for unionization (in both English and Korean) to state Senator Maria Elena Durazo (24th District) in September of 2022, before the vote took place.

The letter was sent to “Coway USA Workers” by Senator Durazo.

The letter reads, “You as workers have helped create one of the most successful Korean water and air filtration brands in the entire world. We highly appreciate the effort you have made during this very difficult time. Now is the time to demand the justice that you deserve as workers.”

The problem is that the letter has been identified as a forgery. The whole story came to light when a constituent asked the senator’s office about the authenticity of the letter.

“The letter was originally intended to be used to unionize the Korean Market,” said William Lopez, a Field Representative in Durazo’s office at the time. “The letter was changed from its original purpose without our consent.”

The NLRB accepted the company’s allegations of document forgery and eventually held a hearing in July.

During the hearing, it was revealed that an employee of the Koreatown Immigrant Workers Alliance (KIWA) David Abud altered Durazo’s letter to Hannam Chain, then logged into CRRWU President Hernandez’s email address and sent a letter of support, and that CRRWU sent a letter of apology to Durazo’s office after the allegations were made.

The NLRB ultimately found that the CRRWU had falsified the documents and that the letter had influenced the vote, invalidating the vote on September 1.

CRRWU Secretary-Treasurer Alexandra Suh told the Korea Daily that, “It was a miscommunication. The NLRB determined that there was no fraudulent intent in the letter sent to Coway employees.” “Although unintentional, the NLRB has decided to invalidate the election. We have requested that a new election be scheduled at the earliest opportunity.”

The hearing also confirmed another fact. CRRWU is practically the same organization as KIWA, a nonprofit that helps organize unions.

The Korea Daily found that CRRWU does not have an office. The LA-area location listed on its website (941 S. Vermont Ave, Ste 101 #727) appears to be a post office box address.

CRRWU currently has only two registered employees. Hernandez is the president, and Alexandra Suh is the treasurer. On the other hand, Suh is the president of KIWA and Hernandez is the organizing director.

“KIWA and CRRWU are separate organizations, but some individuals work for both,” admits Suh, the treasurer.

“Even if employees establish a union, we want them to work with a good partner who truly represents the rights of workers,” said Min Kyu Kim, Human Resources Director of Coway USA. “If a union is established, we (the company) will have to conduct bargaining activities in the future, and the CRRWU is not a trustworthy organization because of the wrongful acts that have been revealed.”

Once the NLRB approves a union, members must pay monthly dues to a unionized organization like the CRRWU.

According to the labor industry, union members typically pay between $50 and $150 per month in dues to their union affiliate. At $50 per month, that’s $50,000 per month in dues for a union with 1,000 members.

In the case of CRRWU, workers at Korean restaurants Kenwa and Boba Guys are currently members. Additionally, CRRWU is assisting in the formation of labor unions for employees of the LA Hannam Chain and Coway USA. The larger the number of workers who join the union, the bigger it will become.

Regarding union dues, Treasurer Suh said, “In the case of Coway, the dues have not yet been set because the company refuses to negotiate.”

“Union dues are not negotiated by the company, but by the union itself,” said Soo Y. Park, a lawyer for Coway USA, adding, “I am concerned about whether the union is targeting Korean American companies and trying to make a union by any means necessary to divide employees and employers to gain an unfair advantage.”

BY YEOL JANG, JUNHAN PARK    [jang.yeol@koreadaily.com]