Organizing online workers

This week, the Senate debated the Employee Free Choice Act, a measure dedicated to restoring the right of collective bargaining for workers.  The act would increase punishments for union-busting activity on the part of employers and would lower the bar to forming a union, by allowing employees to form a union through majority card-check organizing drives.  A vote is expected early next week; call your Senator.

As much as a I hope EFCA becomes law, I don't see it happening until at least 2008: next week, Republicans will almost certainly filibuster the vote.  Even if we somehow get around the filibuster, George Bush will almost certainly veto the bill, and I don't think we have a veto-proof pro-EFCA coalition.

So I think it's imperative for progressives and labor activists to think about the kinds of things we can do to strengthen the labor movement, even without the help of EFCA.  Today, I'm going to write about organizing a group of workers usually overlooked by labor unions: online workers.  An online worker is someone whose primary work activity is centered around one or more web-based applications.  This group of workers includes professional bloggers, eBay vendors, Second Life users, etc.  There are a host of challenges to organizing this group of workers, but there are also a number of factors which facilitate union formation.  I'll go into much more detail over the flip...

First, a look at the numbers.  The ranks of potential online workers are incredibly vast.  Taking a broad view of things: the BlogHerald estimates the number of US blogs at 15 - 30 million; about 4 million users have signed up for Second Life accounts; and eBay claims around 100 million US users.

Of course, these numbers include a very large number of people who do not blog, use Second Life, or sell things on eBay as their primary source of income; and there is doubtless a good bit of overlap among bloggers, Second Life users, and eBay sellers.  Overall, full-time online workers are probably a very small part of the overall labor force.  I think their numbers will grow steadily in the next few years, however.  If we whittle down the numbers of web application users to focus solely on people whose source of income is primarily drawn from online work, we're still left with a pretty sizable group.  60 Minutes claims that 150,000 people have quit their jobs to become full-time eBay sellers.  Karl Rove pegs this number at 700,000.  If Rove is right, then a hypothetical union representing all of the eBay sellers in the country would be among the largest unions in the US.

Organizing online workers is not a trivial task, of course.  There are a number of obstacles:


  • Online workers aren't centralized around a small number of physical work locations, so it's not easy to reach out to them in a face-to-face organizing drive.

  • Online workers aren't actually employees; if they've taken the trouble to organize a legal status for their work, they are probably owners of small limited liability companies or S-corporations.  Especially among eBay sellers and independent bloggers, they are more akin to small retail store owners than factory workers or janitors.

  • You can't count online workers.  There are pretty good ways to estimate the number of active eBay and Second Life users, but the number of bloggers is an extremely slippery number.  All bets are off when counting the number of such people who are doing full-time work online.

Taken together, these challenges pose a major problem to organizing a bargaining unit under the National Labor Relations Act.  The process of forming a bargaining unit relies on the number of potential workers in the bargaining unit.  Currently, for a group of workers to force their employer to hold an NLRB election, one-third of the workers must sign union cards; and for that group to be successful in forming a bargaining unit, a majority of the workers must vote yes in the election.  But if you don't know how many workers are in the group to begin with, and they don't actually work for anyone but themselves, the law is more or less meaningless.  I'd have to guess this is the major reason why most traditional unions have largely ignored online workers: there is simply no way of organizing them, in the same way that you'd organize janitors, nurses, or factory workers.

On the other hand, there are a variety of tools which unions could use to help them organize workers online.  First and most obviously, email and contact forms.  Online workers generally have a vested interest in providing customers with a visible, easy method of contacting them, and prospective union organizers can use those tools in the same way customers can.  More than that, web-based applications tend to offer all kinds of functionality which facilitate organizing groups of people.  To take a simple example, consider an organizer wishing to put together a union of MySpace community builders - people like Joe Anthony, who helped build Obama's 160,000-friend page on MySpace.  That organizer could easily put together a MySpace page, add professional community builders as friends on the MySpace page, and post relevant news and updates on the page.  To take a much more elaborate example, consider Zack Exley's fascinating idea about using the tools in World of Warcraft to help organize World of Warcraft workers (h/t to Mike Connery).

Moreover, there are a wide variety of services which online workers need, and which a union could offer.  Most obviously, because online workers tend to be self-employed. a union of online workers could provide the kinds of fringe benefits which a larger employer usually offers: health care, a pension, etc.  The Freelancer's Union has had significant success offering these kinds of benefits to freelance workers in New York City, and I imagine there is plenty of latent demand for similar services in plenty of other cities.

Furthermore, an online workers union would be a powerful advocate against negative "workplace" policies.  Online workers (e.g., eBay sellers) and their workplace (e.g., eBay) have a very strange relationship.  The sellers don't exactly work for eBay, but they do work on eBay's platform.  eBay's policies have a direct and significant impact on their work, but they have very little formal role in counteracting those policies.  Already, there are many examples of user revolts against policies of online communities - perhaps most famously, the anti-Feeds revolt on Facebook, and less caustically, the ongoing discussion on virtual property rights in Second Life.  Most of these revolts have been carried out by ad hoc coalitions of users who were incensed about one particularly acute problem or another.  But there are a wider set of policies which online workers might have potential gripes with, and which they would have a more difficult time organizing against.  An online workers union would be an excellent vehicle for communicating and negotiating online workplace grievances, and could have significant leverage with a web application provider like eBay or Second Life.

Finally, an online workers union could look out for the political interests of online workers.  These interests include net neutrality, intellectual property law like DMCA, and a variety of other regulations.

On balance, I think that there is plenty of good potential for forming an online workers union.  However, I don't think it would be possible to do so within the context of an existing union.  Online and offline workers differ in too many ways; trying to shoe-horn online workers into an existing union would require organizers to stretch too much, and would distract the union from its core mission.

Instead, I think an online workers union would have to take the form of an online membership association.  It wouldn't be organized as a bargaining unit under NLRA, but it could offer a set of protections like those found in traditional unions, and a few more besides.

What I would be most interested in seeing is whether such a union, or association, could still build the ethos of solidarity which traditional unions depend on.  Solidarity - the basic logic of strength in numbers, and unity in the face of powerful enemies - is the fundamental ideology of the labor union, and it's also the reason why so many union members are also progressives.  An online workers union built on this same ethos would be a powerful force for spreading the progressive value system, and bringing more people into our movement.  I am hopeful that it's possible, but I have to acknowledge that online workers, who are essentially in competition with themselves, might not be inclined to accept the concept of solidarity.

Regardless, I'd love to see an enterprising progressive put together such an association, and give it a try.  Online workers need representation, like everyone else.



Display:


Re: Organizing online workers (none / 0)

Why shouldn't labor do this?  I mean, CWA likes to think it works in this space.


by Matt Stoller on Sat Jun 23, 2007 at 04:10:35 PM EST

Re: Organizing online workers (none / 0)

I'd love to see them do it, no doubt about it.  I just think that it probably wouldn't fit into their normal way of doing "business"; they'd have to hire a whole new breed of union organizers, with outreach skills entirely different from those that traditional union organizers have, in order to be effective.  But if they can do it, great.


Strengthening the progressive movement through liberal entrepreneurship http://www.plantingliberally.org
by Shai Sachs on Sat Jun 23, 2007 at 09:30:07 PM EST
[ Parent ]

Re: Organizing online workers (none / 0)

Online workers of the World unite!


by Union Organizer on Sat Jun 23, 2007 at 07:25:12 PM EST

Re: Organizing online workers (none / 0)

you have nothing to lose but your mousepads?


Strengthening the progressive movement through liberal entrepreneurship http://www.plantingliberally.org
by Shai Sachs on Sat Jun 23, 2007 at 09:38:30 PM EST
[ Parent ]

Re: Organizing online workers (none / 0)

Why would they want to organise? Since they are, as you say, mostly small businessmen, who are competing with one another, what's the likelihood that they'd look favourably upon a union and even if it did form I don't think it'd be of much use to progressives?

I also suspect that industrial action over the internet would be less effective, as strikes would have their impact on the big companies lessened by non-unionised eBay-sellers et al and you can't picket a non-physical space.

I could see this kind of thing working with groups like World of Warcraft's Chinese gold-farmers, although I don't think you could organise a group like that over the internet, but with individuals who are essentially entrepreneurs unionising just seems not to fit.


Visit Forgotten Countries, my new foreign policy-based blog
by Englishlefty on Sat Jun 23, 2007 at 07:53:18 PM EST

Re: Organizing online workers (none / 0)

Well, the primary motivation for organizing would be the benefits I listed - the ability to get fringe benefits cheaply, and the ability to have clout on workplace policies.  The Freelancers Union has had good success organizing freelancers in New York, and many of those freelancers are in competition with each other, so there's reason to believe that could continue.

I agree that strikes might not be effective online, although I might be proven wrong.  If eBay sellers chose not to sell any products during a key week right before Christmas, for example, that could feasibly have a significant impact on revenues.  Some non-unionized sellers might fill the void, but it's not like any old yahoo can become a seller with a good reputation overnight; if a significant-enough share of the user base was unionized, the tactic could still be effective.  But on the whole you're right; online workers would probably need to find another way to gain leverage with their workplace.


Strengthening the progressive movement through liberal entrepreneurship http://www.plantingliberally.org
by Shai Sachs on Sat Jun 23, 2007 at 09:37:49 PM EST
[ Parent ]

Re: Organizing online workers (none / 0)

I'm a full-time freelancer involved in freelancers' online lists, and nearly all of us are sole proprietors. You're right in that there's no one to strike against because we work for ourselves (although we do pass along tips about slow payers and other abusive clients), but there is an immense collective need for "employee" benefits, especially health insurance, that is often expressed. Many can't afford exorbitant individual policy rates for themselves and/or their families; others can't buy it at any price because of pre-existing conditions; a few have relocated to states like Pennsylvania where buying individual health insurance is feasible if not cheap.

My hobby is selling used books online, and some months I make enough to pay the utility bills. There are hundreds of thousands of online fixed-price sellers not affiliated with eBay. I'd guess most are part-time, and most have the same problems eBay sellers have, just with different venues.


by joyful alternative on Sat Jun 23, 2007 at 10:56:09 PM EST
[ Parent ]

Re: Organizing online workers (none / 0)

Online works who are "independent contractors" probably cannot "unionize" in the traditional (i.e., NLRA) sense.  Along these same lines, a strike by independent contractors (technically non-"employees" under the NLRA) would be an anti-trust violation subjecting the participants to damage awards.

An organization of "independent ccontractors" - even though not a "true union", and thus unable to wield economic weapons (like a strike) or bargain collectively - nevertheless could serve as a trade association for its members.


by Florida Politics on Sat Jun 23, 2007 at 10:34:28 PM EST

Re: Organizing online workers (none / 0)

I agree with this.  There is pretty much no way to form a union under current nlrb rules for online workers, especially with the current nlrb makeup.  Without the legal force of a union, a strike would be difficult to maintain, and, well, so would any other sort of economic pressure, like a slowdown.

I am not a lawyer, just a law student, so take that with a grain of salt.  I have taken both labor law and employment law, though.

A more productive mode might be to start a "member-owned" version of something like e-bay.  Let the rules be set by a wiki, or something?


by dansomone on Sun Jun 24, 2007 at 01:32:52 AM EST
[ Parent ]

Re: Organizing online workers (none / 0)

I think that online organizing at both traditional and newer unions is not only possible, it is already starting to happen.

I believe that writers / bloggers should be part of the National Writers Union, UAW Local 1981. I believe that sellers on eBay and other auction sites would equally benefit from the NWU.

Sellers on eBay are constantly harassed because of DMCA laws that many don't even know about, or fully understand. The manufacturing companies go after the eBay seller for copyright infringement violations when in reality it is because many sellers are posting (and selling) new items below MAP (Manufacturers Advertised Prices). As a side note, MAP violations are only enforced if the seller is an authorized dealer, and even then, only the company it is authorized with can enforce by breaking their relationship (which many won't because these sellers are moving product ... so, this results, in many cases, to a simple formality understood to be useless).This is a huge issue in the electronics area, but all sectors are under the microscope.

The only way, in my opinion, that eBay sellers would want to organize is if there were ways to counter these violation letters. The current copyright laws, as far as I understand, have a three strikes and your out policy ... which means the ISP that is hosting the seller, by law, takes the eBay seller out of business by closing out their account. (I am not a JD and I am writing based on my own experiences, another side-note).

There are whole companies established to enforce this "seller abuse," in which the manufacturing companies State-side pay a monthly premium. One notable company is called Net Enforcers (netenforcers.com). That company has single-handedly took down thousands of eBay sellers because of supposed copyright violations.

If eBay (and other auction) sellers were in a union that protected their rights, they would be given the guidance in showing their goods for sale/auction. In addition, they could potentially have the legal counsel to counter the DMCA notices, if needed.

If writers joined our union they would have equal benefits. How many writers find their material stolen, used; copyrights taken advantage of? Writers, who are at their computers and isolated most of the day, would be willing to join a union knowing that their rights and interests were not only understood -- but fought for when needed.  A perfect example is scale ... what the hell is scale today for a freelance writer? Many writers will work for what they can get -- and if they are stiffed by doing 12 re-writes, many probably say, "Well, it comes with the territory!"

I don't think any worker abuse, whether it is sellers or writers (or any other trade), is very cool or comes with the territory-- a union would be the answer.  


-Richard / Union Review
by UnionReview on Thu Jun 28, 2007 at 04:01:57 PM EST

Re: Organizing online workers (none / 0)

Thanks for the excellent perspective on eBay sellers; I had no idea (but I'm not entirely surprised) that manufacturers are so abusive.  Do you think NWU is really a good fit for them, or could there be another union (or possibly an entirely new one) which would be a better fit?


Strengthening the progressive movement through liberal entrepreneurship http://www.plantingliberally.org
by Shai Sachs on Fri Jun 29, 2007 at 09:38:04 AM EST
[ Parent ]

Re: Organizing online workers (none / 0)

Hi,
I don't believe that the eBay workers/sellers would be a good fit for the National Writers Union, UAW Local 1981. I took a few days to chat with some people about the idea before responding, and what we came up with was this: the NWU represents people who sell their writing, not goods sold by their writing.

I think that bloggers and people who write for the web, however, are perfect the NWU -- and should seek membership. Though I am not officially an organizer with the union, if someone needs assistance getting in touch with the right people at the union, feel free to email me: richard@unionreview.com.

Now, back to the eBay sellers. I want to think that one through a little more ... maybe there is an existing union that would work for them; maybe OPIEU? I know that reaching them with a message about organizing will be a long and tedious job, but one that would be well-worth it in the end.


-Richard / Union Review
by UnionReview on Sat Jun 30, 2007 at 10:11:40 PM EST
[ Parent ]


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