Collective Bargaining and Latinos:

How Labor Unions Would Help Latino Workers

Nathan Darmiento

Salt Lake Community College

ETHS 2430-402: Mexican-American Culture

Abstract: This report discusses the many disparities that working class Latinos face in the United

States. It cites a study done by the LCLAA that focused on a comprehensive look at Latino

issues in the workplace, news articles, and a personal interview of a Latina worker who faces

these issues everyday. This report also suggests a solution to these problems. The solution is

Latinos collectivizing and forming a union to counter the systemic problems they face. This

report touches on people who would be against this solution and problems Latinos will face in

unionizing.

The United States of America is a rich nation that was built on the hard work of many

immigrants. The African slaves that were brought here across the Atlantic Ocean were the

centerpiece of the economy of the United States in its early days. The Chinese immigrants were

monumental in the construction of the railroad tracks in California. The Irish, Italian, and Polish

immigrants helped build the many major cities in the eastern part of the U.S. The Mexican

immigrants picked the many vegetables and fruits in the southwest portion of the U.S.

throughout the 20th century. Of the many groups of immigrants that this country benefited from,

the Mexican and Mexican-Americans, or Latinos, are going to be the subject of the following

paper and, more specifically, one of the biggest issues they face in the U.S. today: lack of

collective bargaining.

Cornell Law School’s online dictionary defines collective bargaining as: the negotiation

process between an​ employer​ and a union comprised of workers to create an agreement that will

govern the terms and conditions of the workers' employment (Cornell Law School). In short,

collective bargaining allows employees to ask and receive certain conditions or benefits from the
employer. This not only gives the employees leverage over the work that they do, but it also

ensures an employer that their workers are satisfied with their employment. This is usually done

when workers collectively form a labor union and ask their employer to make certain

concessions. So, why is this an issue that is so prevalent in the Latino community?

The Labor Council for Latin American Advancement (LCLAA) is a national organization

that protects “the rights of working Latinos and [raises] national awareness about the issues that

affect their well-being” (LCLAA). This organization represents over 2 million Latino workers,

many of them undocumented, in several unions. In many ways, they are the leading voice for the

interests of Latino workers in the United States.

A recent report done by LCLAA found how Latinos are impacted in today’s economy

and the many disparities they face. The report was able to give precise numbers and statistics on

many current issues that Latinos struggle with. For example, in 2013, only five years ago, 23.5%

of Latino families lived below the poverty line. This number may seem low, however compared

to the national average 14.5%, Latino unemployment is nearly twice the national average. In

addition, 40% of Latino workers earn poverty level wages, which is also twice the national

average (LCLAA, 2015). Already, it is clear that Latino workers have a systemic disadvantage

when compared to the rest of the country.

In terms of retirement savings, 67% of Latinos lacked retirement accounts, and of those

who do have retirement savings, 80% have less than $10,000. A reason for the lack of Latino

retirement accounts is the type of employment Latinos have. Only 38% of them have employers

that sponsor retirement plans. To put this into context, 62% of white employees and 54% of

black and Asian workers had this job benefit. Latinos also face more wage theft than any other
demographic in the workforce. Of the many Latino workers in minimum wage industries, 77.6%

reported that they didn’t receive overtime pay, and this is more common among Latino

immigrants (LCLAA, 2015). These are only the statistics that deal with the income-based aspect

of the report.

The same report found that, “Latinos represent the highest percentage of people without

health insurance,” with 29% not having any health coverage. Although the Affordable Care Act

helped alleviate this problem “disparities persist for the over 11 million undocumented

immigrants, many of whom are Latino, because they are not eligible for ACA benefits”

(LCLAA, 2015). Educational attainment is also a major problem for the Latino community. The

report found that education, including high school diplomas, are hard found. “In 2010, 41% of

Latinos who were 20 or older did not have a high school diploma or equivalent compared with

23% of black adults and 14% of white adults,” (LCLAA, 2015). The statistics for college

graduation rates for Latinos are also unforgiving. “In 2013, 22% of Latino adults (25 years and

over) had earned an associate’s degree or higher.” However, overall, “Approximately 30% of

Latinos have some college background and only 13% of Latinos 25 and older hold a bachelor’s

degree or higher” (LCLAA, 2015). A lack of an education can lead to problems in finding a job

that provides adequate benefits. Luckily, Latinos have made strong gains in this front and in

2013 the high school dropout rate was 14%, which is a sharp decrease from 32% in 2000. Also,

in 2013, “2.2 million Latinos were enrolled in college, up from 728,000 in 1993 – a 201%

increase” (LCLAA, 2015). Hopefully, this trend continues and the graduation rates start to

increase, but there is certainly a long way to go.

 Another area where Latinos are disproportionately affected is in job related injuries and

deaths. The LCLAA report cites that in 2013, “797 Latinos died at the workplace, constituting

the highest death toll for Latinos since 2008 and higher than any other working minority.” Of the

797 employees “527 were immigrants” (LCLAA, 2015). Latina women and children are not

immune to the disparities this demographic faces in the workplace. Latinas only earn 56 cents for

every dollar earned by their white male counterparts and “77% of Latinas in the southern U.S.

report sexual assault to be a major issue at the workplace” (LCLAA, 2015). One of the more

alarming pieces of information in this report is that Latino youth not only work with “sharp tools,

heavy machinery, and dangerous chemicals, and die four times the rate of other young workers”

but, they “drop out of school at four times the national rate.” Human Rights Watch, an

organization that advocates human rights for all people, conducted interviews of farm worker

children and found that children as young as eight years old making less than the federal

minimum wage (LCLAA, 2015). The systemic problems that Latinos face in the workplace

affect not only men, but the women and children as well. It is fair to say that the situation is in

dire need for change.

Although the LCLAA report provided many pieces of information that depict the realities

of Latino workers, some mainstream news outlets have also touched on the subject. A 2013

article in the Huffington Post talked about Latinos who face unemployment and low wages. In

the article they cite a study done by one of the largest labor unions in the nation, AFL-CIO. They

go on to say that “about one in five Latino and black workers are underemployed” (Huffington

Post, 2013). Underemployed is a term used to describe workers who are “highly skilled but

[work] in a low-paying or low-skill job,” and this can also include “a part-time worker who
would prefer to be working full-time” (Huffington Post, 2013). This adds to the countless list of

problems Latinos face in this country. These problems have real world consequences for many

Latinos in the United States. A recent interview conducted of a Latina worker showed how these

statistics play a personal role in one’s life.

Jane Doe wished to remain anonymous because of the information she provided. Her

personal story that she shared is one full of resilience, sadness, and hard work. In late 2003, she

faked a social security number in order to obtain a job at her local Little Caesars pizza shop

because she is one of the 11 million undocumented immigrants living inside the U.S. She is now

43 years old and has been working there for the past 15 years. A normal work week for her

consists of working 40+ hours a week with no overtime pay, healthcare benefits, sick leave, or

paid time off. She has had two raises in those 15 years and now earns a meager $8.25 an hour.

This means that her income falls under the category of a poverty wage. Unfortunately, she is

stuck at her job and has no other choice but to work there. This is because she used a fake social

security number and if she tried to get hired at another place, she would be investigated and

deported back to Mexico. To make matters worse, she has a disability in her leg after she

contracted polio at a young age and walks to work everyday since she cannot afford a car. Her

story is, sadly, a common one and one that many Latino workers could relate to. However, in the

face of all this, there is one solution that may help to alleviate these issues.

A recent NBC News article touched on the issues of Latinos and unionization. The article

focused on Hector Figueroa, a leader of the 32BJ Union, and how Latinos could benefit and help

the labor movement. Over the past several decades, unions have undergone anti-union

campaigns, led by Supreme Court decisions and presidential administrations, to stifle

membership and bargaining power. The effort to undermine unions has been so successful that,

“​Only about 11 percent​ of American workers belong to a union,” (NBC News, 2018). When

asked how Latinos could benefit from union membership Figueroa replied, “​At a time when

Latinos and immigrant workers are the most vulnerable workers, we are the ones who need

unionization the most,” (NBC News, 2018). It has been proven that Latinos benefit tremendously

from joining a union and participating in its collective bargaining.

The LCLAA report from earlier found that Latino workers who formed and joined labor

unions saw an average increase of $5.60 in their hourly wage, and an $11,544 increase in their

yearly earnings. This alone does not solve all the issues they face, but it certainly helps to be

earning more money. Latina workers can also benefit from unionizing. The same is true for their

wages. A $5.48 increase in hourly wages and $11,388 increase in yearly earnings. To quote the

report, “When you belong to a union you have more access to retirement benefits, medical care

benefits, life insurance, and paid leave” (LCLAA, 2015). Since unions are in need of

memberships and Latinos are in need of unionization, a symbiotic relationship between the two

would prove very beneficial. However, the workers themselves have to form their own unions

because only they know what exactly their specific union needs to protect. For this reason, a

realistic strategy could help in the forming of these unions where the workers do it themselves.

Guadalupe School is a charter school in the neighborhood of Rose Park in Salt Lake City.

The vast majority of the students there are Latinos, and, as a result, the school offers adult classes

to the parents of these students free of charge. Some of the classes offered include English

courses that teach English to native Spanish speakers, assistance with the citizenship test,

computer classes that teach basic skills, and a course designed to prepare for the CNA exam
(Guadalupe School, About Us). It is apparent that this school is interested in the success of these

parents. The strategy that could be proposed there would be a class designed around OSHA

Workers Rights, civil rights, who and how to report incidents of unfair treatment in the

workplace, etc. The point of this course would be to teach these parents, many of whom work

low wage jobs, their rights at work, what unionizing would mean to them, and who to contact for

help in the unionizing process. It would be offered after 6 PM, and since daycare is already

available, these parents would not have to worry about their children. This course could be tied

with a program at SLCC where college students would teach this course for community service

or volunteer credit. The estimated cost of the program would be $150. This money would cover

flyers needed to advertise the program, refreshments that would be offered, and markers, paper,

and pens for the parents to take down names and numbers. This course would not be the ‘magic

bullet’ Latinos need to overcome all the challenges they face in the U.S., but it is a step in the

right direction that this demographic is in need of.

As a result of having a program like this, there are bound to be people who would be

against it. Employers and CEO’s who benefit from cheap, non-benefited labor would see this as

a threat to their business model. Congressmen who take money from these companies would also

be inclined to be against this. In a more broader sense, the Supreme Court would vehemently be

against a program like this. Earlier this year, the Supreme Court ruled that employees cannot ban

together to join a class action lawsuit against their employer. Before this decision, employees

who felt that their rights as workers were not being met could have one lawyer represent them in

a case against their employer. This new ruling is a huge blow to workers rights because it

requires each individual employee to hire a lawyer, instead of sharing the cost burden among
their colleagues (NPR, 2018). Rulings such as these are staunchly anti-worker, and anti-union,

which is why the Supreme Court would not approve of this program.

A major hurdle that unionization of Latinos would have to face is the issue of illegal

immigrants working in the U.S. In 1984, the Supreme Court ruled that ‘illegal immigrants’ are

protected under the NLRA (National Labor Relations Act) which guarantees them the right to

unionize (LCLAA, 2015). However, in 1986 Congress passed the Immigration Reform and

Control Act which, among other things, made it illegal to hire undocumented workers because

they were not legally allowed to work in the U.S (Washington Post, 2013). Since then, the issue

of unionization and undocumented workers has been a legal argument on whether they have the

right to unionize or not. Whether or not U.S. law permits them this right, the Universal

Declaration of Human Rights is quite clear. “​Everyone has the right to form and to join trade

unions for the protection of his interests” (United Nations). The proposed strategy is not one that

will comprehensively solve the aforementioned issues, or even this one dealing with

undocumented workers, but it starts a dialogue between workers on how unionization could work

and, at this point, any step in the right direction is all that Latinos could hope for.

Latinos face many problems in the U.S. that could be solved by unionizing. If the labor

movement is going to survive for much longer it is going to have to include Latino workers. For

many, these issues are not just statistics in a report or studies done in an article, but a fact of

everyday life. For this reason, it is clear that drastic change is needed if Latinos are going to have

a voice in the workplace. It is time to end the sad reality that Latinos have no rights as workers

and have them join unions to survive in the 21st century workforce.
 Works Cited

Cornell Law School Online Dictionary, accessed November 23, 2018,

https://www.law.cornell.edu/wex/collective_bargaining

Labor Council for Latin American Advancement​, Latino Workers and Unions: A Strategic

Partnership for America’s Progress, 2015,

http://www.ufcwunitedlatinos.org/wp-content/uploads/2015/10/Latino_Workers_and_Unions-A_

Strategic_Partnership_for_Americas_Progress.pdf

Latinos Still Face Low Wages, Unemployment And Other Work Related Woes: Report Finds​,

August 8, 2013,

https://www.huffingtonpost.com/2013/08/30/latinos-low-wages_n_3842900.html

Personal Interview, conducted November 12, 2018

Organized labor ‘can grow, be strong’, says union leader Hector Figueroa,​ Reyes, Raul A,

September 3, 2018,

https://www.nbcnews.com/news/latino/organized-labor-can-grow-be-strong-says-union-leader-h

ector-n905061

Guadalupe School, About Us, accessed November 22, 2018,

http://www.guadschool.org/adult-education.html
Supreme Court Decision Delivers Blow To Workers' Rights,​ Totenberg, Nina, May 21, 2018,

https://www.npr.org/2018/05/21/605012795/supreme-court-decision-delivers-blow-to-workers-ri

ghts

Congress tried to fix immigration back in 1986. Why did it fail?,​ Plumer, Brad, January 30, 2013,

https://www.washingtonpost.com/news/wonk/wp/2013/01/30/in-1986-congress-tried-to-solve-im

migration-why-didnt-it-work/?utm_term=.02ff507f32c4

Universal Declaration of Human Rights,​

http://www.un.org/en/universal-declaration-human-rights/index.html

Organized labor 'can

grow, be strong,' says

union leader Hector

Figueroa