Jimmy Johns Workers Prevail in NLRB Ruling

In Big Union Victory, Jimmy John's Union Election Nullified Due to Employer Labor Rights Violations

MINNEAPOLIS– The National Labor Relations Board approved a settlement today nullifying the results of the historic October 22 union election at Jimmy John's, putting victory back on the table for the nation's first-ever union in franchised fast food. The settlement validates workers' claims that franchise owners Mike and Rob Mulligan were able to squeak out an 87-85 victory in the election only by resorting to unlawful tactics including threatening a wage freeze, intentionally fabricating rumors that the union engaged in sabotage, retaliating against union supporters, and numerous other labor rights violations.
With the tainted election results nullified, the union is asking the franchise owners to negotiate over its "10 Point Program for Justice at Jimmy John's," a comprehensive package of reforms that will bring respect, dignity, and democracy to the fast food workplace.

“There can now be no doubt that our rights were severely violated, but we're willing to put the past behind us. We are calling on Mike and Rob Mulligan to make a fresh start and work with us, rather than against us, to improve the lives of Jimmy John's workers and their families by negotiating over our 10 Point Program for modest but urgently needed changes,” said Micah Buckley-Farlee, a delivery driver at Jimmy John's and active member of the union campaign.
Based around benefits that workers in many other industries take for granted, the program is the response of Jimmy John's workers to their most pressing problems on the job. Core demands include sick days, improved job security, guaranteed work hours, a reasonable pay increase and regular raises, improved harassment policies, other basic job benefits, and the establishment of a system of shop committees giving workers a democratic voice within the company.

If franchise owners Mike and Rob Mulligan refuse to cooperate, the union has indicated a willingness to return to the trenches and continue the fight for union recognition, this time on terms that are much more favorable to the union due to the settlement agreement.
Under the NLRB settlement, Jimmy John's must cease engaging in a wide range of unlawful anti-union activities, post notices informing employees of the company's new commitment to obeying the law, and host a series of mandatory employee meetings in which a representative of the NLRB will read the notices in the presence of the company owner.

In 60 days, the Union will also be eligible to file for a fresh election at any point in the next 18 months, with an abbreviated “campaigning period” of 30 days, 12 days shorter than what is customary for NLRB elections.
Union member Ayo Collins said, "Mike and Rob Mulligan can either continue their losing battle against their employees, or they can work with us and distinguish themselves as leaders in bringing much-needed change to the nation's fast food industry. For our part, we're hoping for the best and preparing for the worst. We are more confident than ever that in the end, we will win, setting an example for 3.5 million fast food workers to follow."

The Jimmy Johns Workers Union, open to employees at the company nationwide, is affiliated with the Industrial Workers of the World labor union. Gaining prominence in recent years for organizing Starbucks workers, the IWW is a global union founded over a century ago for all working people.

The IWW, Fast Food, and a Lesson for Big Labor

The recent narrow loss suffered by employees of the Jimmy John's restaurants in Minnesota led me to consider the future of the labor movement.  The workers in this case were attempting to join the Industrial Workers of the World(IWW).  The IWW has a long, storied history of militant, rank and file unionism, but has been largely marginalized due to lack of membership for the last several decades.  However, the IWW appears to enjoying a bit of a renaissance due to the inaction of the mainstream labor movement when it comes to certain industries.

While the IWW still subscribes to the One Big Union philosophy, they seem to have discovered their niche in the fast food and service industry.  Their work with the Starbucks Union has yielded some positive results, and their near victory in Minneapolis should be a reminder to big labor that we shoot ourselves in the foot when we write off an entire section of the working class.

For years, big labor has shied away from organizing fast food and other restaurant staff.  Their reasoning behind this is that the bargaining unit is too small, and therefore is more susceptible to decertification.  They also don't want to invest the resources necessary for that small a yield in membership.  The reason I reject this line of thought is that while the initial investment is more than the net gain, it would set in motion the momentum to organize more of this ever growing section of our economy.

Think about it:  less than 1% of fast food employees in the Unites States are union members.  Now think about how many fast food workers there are in the area where you live.  While the turnover rate in the fast food world is fairly high, much of this can be attributed to the squalid working conditions the employees endure.  I worked several fast food places when I was younger, and I can tell you that the conditions were similar to Wal-Mart(yes, I worked there too).

We should support any labor organization that is willing to take on this industry whose employees are in desperate need of union representation.  You can also donate to the IWW here:

http://pledgie.com/campaigns/11822

In Solidarity,

Joseph