As we mentioned in a recent article and our full-page ad in the Wall Street Journal, worker centers can no longer hide in the shadows of labor law’s grey areas. Labor experts across the country have noticed the subversive tactics that worker centers use in order to avoid classification as a “labor organization” under the Labor-Management Reporting and Disclosure Act (LMRDA). Even Congress has brought the regulatory confusion to the attention of the Department of Labor. In two recent articles, Diana Furchtgott-Roth and Vincent Vernuccio further exposed similarities between worker centers and labor unions.
In the National Review, Vernuccio generally describes the expanding number and problems associated with “alt-labor” or workers centers. Furthermore, In Real Clear Markets, Furchtgott-Roth’s article builds on Congress’ concerns about the Department of Labor correctly identifying labor organizations. Their concerns are warranted, given that the “[n]ewly-confirmed Labor Department Secretary Thomas Perez began his career as a volunteer at the worker center Casa de Maryland.”
At stake is labor’s purported ability to avoid compliance with the law by simply renaming the “labor union” a “worker center.” But if it looks like a duck, swims like a duck, and quacks like a duck – it’s probably a duck.