{"title":"服装工人","authors":"Scott L. Cummings","doi":"10.1093/OSO/9780190215927.003.0002","DOIUrl":null,"url":null,"abstract":"Launched in 1995 with the discovery of more than seventy enslaved Thai workers in a suburban apartment complex surrounded by barbed wire fence, the movement to end garment sweatshops—led by the Asian Pacific American Legal Center—pioneered the integration of strategic litigation and worker organizing to challenge inequality in Los Angeles. The sweatshop regime was built upon a legal foundation of subcontracting, which insulated retailers and manufacturers from the contractors actually producing clothing. At its most ambitious, the campaign sought to make legal responsibility follow economic power, rupturing the fiction that protected retailers and manufacturers from labor abuses such as those uncovered in the Thai worker case. Chapter 2 shows how lawyers built a powerful alliance with labor and grassroots organizers, won important legal victories in court, and achieved passage of a landmark state law creating manufacturer liability for contract labor violations. It then traces the campaign through the fierce battle against retailer Forever 21, which showed the power of industry countermobilization and ultimately marked the end of the litigation campaign. This outcome underscored a central lesson of legal mobilization in the new economy: Individual enforcement and litigation strategies, even when paired with innovative organizing and media campaigns, faced long odds challenging abuse enabled by extensive contracting and—crucially—the threat of global outsourcing. 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引用次数: 0
摘要
1995年,美国亚太法律中心(Asian Pacific American Legal center)发起了一场终结血汗工厂的运动,在洛杉矶开创了将战略诉讼和工人组织结合起来挑战不平等的先路。当时,70多名被奴役的泰国工人被困在一个被铁丝网包围的郊区公寓里。血汗工厂制度建立在分包的法律基础之上,这使零售商和制造商与实际生产服装的承包商隔绝开来。在最雄心勃勃的时候,这场运动试图让法律责任跟随经济实力,打破保护零售商和制造商免受泰国工人案中揭露的虐待劳工行为的假象。第二章展示了律师如何与劳工和基层组织者建立强大的联盟,在法庭上赢得重要的法律胜利,并通过了一项具有里程碑意义的州法律,规定了制造商对违反合同劳动的责任。然后追溯了这场运动与零售商Forever 21的激烈斗争,这场斗争显示了行业反动员的力量,并最终标志着这场诉讼运动的结束。这一结果强调了新经济中法律动员的一个核心教训:个人执法和诉讼策略,即使与创新的组织和媒体运动相结合,也面临着挑战广泛承包和全球外包威胁所带来的滥用的长期机会。然而,在法律和组织的融合中,反血汗工厂运动标志着反对低工资工作运动的一个新开端——它将把在服装制造业背景下磨练出来的工具应用到洛杉矶的固定服务行业。
Launched in 1995 with the discovery of more than seventy enslaved Thai workers in a suburban apartment complex surrounded by barbed wire fence, the movement to end garment sweatshops—led by the Asian Pacific American Legal Center—pioneered the integration of strategic litigation and worker organizing to challenge inequality in Los Angeles. The sweatshop regime was built upon a legal foundation of subcontracting, which insulated retailers and manufacturers from the contractors actually producing clothing. At its most ambitious, the campaign sought to make legal responsibility follow economic power, rupturing the fiction that protected retailers and manufacturers from labor abuses such as those uncovered in the Thai worker case. Chapter 2 shows how lawyers built a powerful alliance with labor and grassroots organizers, won important legal victories in court, and achieved passage of a landmark state law creating manufacturer liability for contract labor violations. It then traces the campaign through the fierce battle against retailer Forever 21, which showed the power of industry countermobilization and ultimately marked the end of the litigation campaign. This outcome underscored a central lesson of legal mobilization in the new economy: Individual enforcement and litigation strategies, even when paired with innovative organizing and media campaigns, faced long odds challenging abuse enabled by extensive contracting and—crucially—the threat of global outsourcing. However, in fusing law and organizing, the anti-sweatshop campaign marked a new beginning in the movement against low-wage work—one that would deploy the tools honed in the garment manufacturing context to target Los Angeles’s immobile service industries.