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ORGANIZING WAL-MART IN CHINA: Two Steps Forward, One Step Back for
China's Unions
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ORGANIZING WAL-MART IN CHINA: Two Steps Forward, One Step Back for
China's Unions
Anita Chan
To cite this Article Chan, Anita(2007)'ORGANIZING WAL-MART IN CHINA: Two Steps Forward, One Step Back for China's
Unions',New Labor Forum,16:2,87 — 96
To link to this Article: DOI: 10.1080/10957960701279256
URL: http://dx.doi.org/10.1080/10957960701279256
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ORGANIZING
WAL-MART IN CHINA
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supercenters. The Western mass media1 and obvious that in taking on Wal-Mart, the
some of the Chinese media coverage2 have been ACFTU attempted to do something it has not
dismissive, on the presumption that the ACFTU endeavored since the early 1950s—grassroots
does not really act like a trade union. Western union organizing. How the first few union
reporters have indicated that Wal-Mart has fi- branches came to be formed within such a short
nally found a union that it can live with. But period provides intriguing insights into this
has nothing positive emerged from the orga- new phenomenon.
nizing of Wal-Mart’s stores? Is the ACFTU a Before all else, it is necessary for us to un-
dinosaur that never changes? Or, could there derstand that the Chinese press today is no
be reformers from within the ACFTU pushing longer totally under state control. On their own
for change? initiative, newspapers cover stories they con-
After analyzing eighty reports from Chi- sider newsworthy. For more than three years,
nese newspapers and magazines, it became the Chinese media has followed closely the jos-
W AL -M ART MISCALCULATED IN THINKING IT to support union activities. Part of this sum goes
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could use the same antiunion tactics in to the upper levels of the union, and part is
China that it does around the world. If, like its used to provide the above-mentioned welfare
main competitor in China, the giant European functions.
retailer Carrefour, Wal-Mart had welcomed the For more than ten years, despite yearly
ACFTU to establish union branches in Wal- quotas set by the ACFTU’s upper levels to set
Mart superstores, those union branches would up union branches in foreign-owned enter-
not have challenged management. The process prises, when enterprises refused to cooperate
would have been similar to so many other work- the local trade union normally did not insist.
place union branches set up by the ACFTU in Under the influence of the local government,
foreign-funded enterprises—from the top the local union often did not want to scare off
down. The district-level union would have foreign investment. But over the past decade,
sought management approval and cooperation the ACFTU has been witnessing a decline in
to set up a union branch. Once an agreement its national membership, as the numbers of
was struck, management and the local union state-owned enterprises dropped. In 1999, the
would have decided together on a mid-level ACFTU decided to offset this by expanding
Chinese manager to serve as the union chair, membership in the foreign-owned sector. Some
without a union election. After the fact, an an- reformist union leaders were disturbed by the
nouncement would have been made to the international image that China, the world’s fac-
employees about the formation of a new union tory, had become a gigantic sweatshop, and they
branch, or in some cases, no announcement particularly welcomed the new opportunity.
would have been made at all. More often than About six years ago, the Chinese union
not, such a “union branch” does not even per- federation selected Wal-Mart as a special tar-
form the traditional welfare functions that it get.4 The ACFTU was taking a leaf out of the
fulfills in state-owned enterprises, where it global anti-Nike and anti-Wal-Mart move-
holds occasional entertainment events, distrib- ments, targeting the most high-profile com-
utes gifts to the entire workforce during major pany: if Wal-Mart fell in line, other foreign
festivals, pays visits to the sick and injured, companies in China that refuse to accept unions
hands out welfare relief, etc. There is no collec- would have to follow suit.
union branches by inserting top management mism lay in an editorial, “How Wal-Mart
personnel into the preparatory committees, and Came to Change its Attitude,” that appeared
argued that management staff should be eligible on the ACFTU website on August 16, the day
to run for the union executive committee and the memorandum with Wal-Mart was signed.
for the trade union chair. Guo held his line but The grassroots organizing experience had
had to give in on one point: the preparatory not been lost on some of the union leaders.
committee is to be composed of management, The editorial is filled with self-confidence:
district union officials, and employees, al- the Chinese union has “cracked the world’s
though management representatives are to be toughest problem.” In seeing this as a “world
capped at middle-management level and at 20 problem,” the editorial was contextualizing the
percent of the committee members.13 Signifi- ACFTU as part of an international anti-Wal-
cantly, there will be a multicandidate election Mart movement. Let me quote from it at length
for the union committee, the union chair, and to capture its tone:15
deputy chair, and the election is to be organized
by an official sent from the district union, not Setting up these unions encountered many
by management. Higher level management per- ups and downs. It did not come about eas-
ily. … It is a major breakthrough in creat-
sonnel and their relatives are barred from be-
ing something new that will definitely open
coming union members. Upper-level union
up a new stage! The positive determining
personnel will be allowed to conduct in-house
factors in the births of these Wal-Mart
training of employees about China’s labor laws
union branches were the employees’ aspi-
and employees’ labor rights, and to recruit new rations, plus legal compliance. The guid-
members. But the memorandum’s final point ance and assistance provided by the up-
seems ambiguous: Wal-Mart union branches per level unions fostered positive outcomes.
will support management in exercising its man- It is a big departure from our previous
agement rights in compliance with the law, method of setting up union branches by
mobilize and organize the employees to fulfill relying on persuading management to give
their responsibilities, and cooperate on an equal support. Now instead we turn to propa-
basis with management in order to allow the gating, inspiring, cultivating and reinforc-
employees are forced to stand the whole time, and on unsure ground. Trade unions in our
the news media in China picked up the own countries have accumulated a wealth of
story,19 and Foxconn employees began blogging experience in union organizing that they can
to vent their anger. The Shenzhen city trade help transfer to the Chinese union reformers—
union responded by announcing that Foxconn, if our unions become willing to reach out.
which employs more than two hundred thou-
sand workers in the city, would be obliged to TWO STEPS FORWARD,
have union branches by year’s end. Jumping the ONE STEP BACK
T
gun by one day, union organizers set up a table HE AGREEMENT THAT WAL-MART SIGNED LAST
outside the largest plant on December 31, August will work to the benefit of workers
signed up 118 employees as union members, only if the local unions are serious and strong
and handed them union cards on the spot.20 Ac- enough to confront Wal-Mart. If past practice
cording to Shanghai Daily, “A spokesman for can serve as any guide, many district unions
Foxconn said the company had planned to set will be constrained by local governments and
up its own trade union in January. … But the Party committees to remain passive, and the
local was set up unilaterally by the general trade Wal-Mart union branches may not have the
union of Shenzhen and not through coopera- strength to face up to Wal-Mart’s antiunion
tion with the company. “This is an innovative policy.
move,’ said the union official who represents It soon became apparent that the editorial’s
the new local at Foxconn. ‘It’ll help promote hopes were not being fulfilled. Once the memo-
the protection of workers’ rights in other for- randum was signed, the union branches that
eign-funded and private businesses.’”21 quickly sprang up at all of the remaining Wal-
If groups of Chinese workers in coming Mart stores across the country were founded
years use this method to set up trade union in a very different manner from the earlier ones.
branches and affiliate them to the ACFTU, it No longer did a union need to reach out to
might well provide the workforce with a voice. employees in confidence and persuade them
Under China’s labor law and the present politi- to sign up. The founding ceremonies were now
cal situation, they may find this politically fea- held inside the store rather than at the local
leadership role, not the union. favor the Party’s intrusion to establish control
On December 15, five months after the over the branches. At the time of writing, it
ACFTU’s euphoria about the sudden emer- appears that this is a step backwards, but the
gence of grassroots Wal-Mart trade union ultimate outcome has not yet been determined.
branches, a Party branch committee was set up A final word on what specifically obliged
at Wal-Mart’s Chinese headquarters in Wal-Mart in China to concede to unionization
Shenzhen. The founding ceremony was at- last August. It was not the independent power
tended by top local Party officials, with fan- of China’s trade union organizing efforts. Be-
fare and media publicity and with the full fore China opened its doors to private business
knowledge of Wal-Mart. 27 Tellingly, a search and foreign capital in the 1980s and 1990s, the
of the ACFTU-affiliated newspaper Workers’ ACFTU did not have to face the onslaught of
Daily and of ACFTU websites reveals that these capital, and there was no need to engage in
did not carry a single report about the new de- grassroots organizing. Trade union branches
velopment. The union federation does not automatically existed in state and collective
appear to be enthusiastic about the Party’s enterprises. The enterprises provided workers
intrusion. with an iron rice bowl that included lifetime
employment and welfare benefits that union
employees helped management to disburse.
LESSONS FROM THE
There was no necessity or room for the union
WAL-MART VICTORY
to learn to organize or confront management.
1. E.g., Bloomberg, August 10, 1006; New 17. Mary E. Gallagher, “Use the Law as
Notes
York Times, August 10, 2006; McClatchy Newspa- Your Weapon: The Rule of Law and Labor Con-
pers, August 15, 2006. flict in the PRC,” in Law and Social Change in China,
2. E.g., Finance (Chinese), August 15, 2006. ed. Neil Diamant, Stanley Lubman and Kevin
Downloaded By: [Australian National University Library] At: 02:00 26 August 2008
3. Anita Chan, “Labor Relations in Foreign- O’Brien. Stanford: Stanford University Press,
funded Ventures”, in Greg O’Leary, ed., Adjust- 2004; Virginia Harper Ho, Labor Dispute Resolution
ing to Capitalism: Chinese Workers and the in China: Implications for Labor Rights and Legal
State (Armonk, N.Y.: M.E. Sharpe, 1998), pp. Reform, Berkeley: Institute of East Asian Studies,
122–49. University of California, 2003.
4. New China News Agency (Chinese), No- 18. Mark Dudzic, Larry Cohen, and Joshua
vember 24, 2004. B. Freeman, “Debate: The Crisis of Workers’ Rights,”
5. Beijing Chinese News (Chinese), Novem- New Labor Forum 14 no. 1, pp. 59–78.
ber 24, 2004; New York Times, November 25, 2004. 19. An investigative report by two journal-
6. Number One Financial Daily (Chinese), ists from China Business News (Chinese) (June 15,
August 6, 2006. 2006) confirmed the story and added details
7. ACFTU website, August 17, 2006. about workers blacking out from fatigue. In early
8. It was broadcast on Chinese television July, Foxconn filed a lawsuit against the two jour-
on July 31, 2006; Chinese Economic Management nalists, demanding 30 million yuan ($3.75 mil-
News (Chinese), August 6, 2006. lion). The company slashed its defamation claim
9. Business Affairs Weekly (Chinese), Sep- to just one yuan (12 cents) in August and dropped
tember 5, 2006. the lawsuit in September.
10. Number One Financial Daily (Chinese), 20. www.sina.com.cn, January 1, 2007;
August 3, 2006. South China Metropolitan News (Chinese), Janu-
11. Chinese Economic Management News ary 1, 2007.
(Chinese), August 7 and 8, 2006, 21. Shanghai Daily (Chinese), January 3,
12. Number One Financial Daily (Chinese), 2007.
August 11, 2006; ACFTU website, August 11, 22. Workers’ Daily (Chinese), August 17, 23,
2006, http://www.acftu.org/template/10004/ 26 and 29, 2006.
file.jsp?cid=181&aid=41372. 23. Guangzhou Daily (Chinese), August 8,
13. Business Affairs Weekly (Chinese), Sep- 2006; Beijing Commercial News (Chinese), August
tember 5, 2006. 22, 2006.
14. Workers’ Daily (Chinese), August 19 and 24. In December 2006, searching the web I
21, 2006. found ten Chinese reports on the establishment
15. ACFTU website, August 16, 2006, http:/ of these Party branches.
/www.acftu.org/template/10004/file.jsp?cid= 25. New China Web, August 25, 2006.
222&aid=41801. 26. This slogan appeared in a report on the
16. South China Morning Post, April 21, setting up of the Party branch in Shenyang in
2005; Washington Post Foreign Service, April 26, September. Workers’ Daily (Chinese), August 22,
2005. What is interesting about this case is that 2006.
the struggle was protracted and there was a 27. Joe McDonald, “New at Wal-Marts in
large amount of blogging by workers over those China: A Communist Party Branch,” International
months. The organizers were using the internet Herald Tribune, December 18, 2006; Shenzhen Spe-
effectively to marshal the employees to put forth cial Economic Zone News (Chinese), December 16,
their demands and to go on strike. [Unfortu- 2006; People’s Daily Online, December 16, 2006.
nately, these websites no longer exist today.]