Posted on 12/19/2014 12:05:51 PM PST by jazusamo
McDonald’s and its franchisees illegally retaliated against employees for participating in union-related activities, the National Labor Relations Board’s top lawyer alleged Friday in a case with sweeping industry implications.
NLRB general counsel Richard Griffin announced Friday he will issue 13 complaints involving 78 charges against franchises and McDonald’s USA, LLC.
Though many of these alleged labor violations were committed by independent franchise owners, Griffin ruled earlier this year that McDonald’s can be held liable for those actions as a so-called joint employer, leaving the corporatrion — and potentially other franchisors — exposed to such claims.
McDonald’s said the decision will “strike at the heart of the franchise system.”
“McDonald’s is disappointed with the board’s decision to overreach and move forward with these charges,” the company said in a statement.
“These allegations are driven in large part by a two-year, union-financed campaign that has targeted the McDonald’s brand and impacted McDonald’s restaurants,” it added.
McDonald’s disciplined employees who participated in fast-food worker protests around the country by reducing their hours and firing others, among other disciplinary actions, Griffin alleges.
McDonald’s also threatened and interrogated employees, and had “over broad restrictions on communicating with union representatives and with other employees about unions,” he added.
The alleged labor violations took place against workers in Manhattan, Philadelphia, Detroit, Atlanta, Chicago, St. Louis, Kansas City, New Orleans, Minneapolis, San Francisco, Indianapolis, Phoenix, and Los Angeles, Griffin said.
The cases will now go before administrative law judges in Manhattan, Chicago and Los Angeles, beginning on March 30, unless the parties reach a settlement first, Griffin said.
The losing party could then appeal the ALJ’s decision to the five-member National Labor Relations Board in Washington, D.C.
It could take 10-20 years even if he became President
McD to NLRB.
“You have no jurisdiction here! Now leave us alone or we’ll sue for harassment.”
” “McDonald’s is disappointed with the board’s decision to overreach and move forward with these charges,” the company said in a statement.
“These allegations are driven in large part by a two-year, union-financed campaign that has targeted the McDonald’s brand and impacted McDonald’s restaurants,” it added. “
SEIU funded the national MCD’s protests.
You’re right and many of the leftist federal judges he’s put in will be around longer.
The rule of law does not matter at all to the thug in our White House. He makes stuff up on his own, regardless of what the laws actually say. Obama is disgusting.
Yep, public employee unions should be illegal. Public employees should have a small organization, maybe a retained law group, to represent them for grievances only.
The "deep pockets" theory of jurisprudence.
Even the IRS is unionized. Big surprise....
FEDEX basically started doing the same thing.
I am/was an independent contractor working for a company that did a lot of FEDEX Same Day & Overnights.. Same Day weren’t advertised much because they were ‘expensive’..definitely when compared to the basic low rate they used.
I got compensated well AFTER the Company I leased to got compensated well and Naturally, FedEx had to make ‘something’.
They started their own IC wing and the MGR of the local branch ‘invited’ me to interview etc... I got to the point where they told me that I would have to wear THEIR UNIFORM, buy my own truck (probably would have had some help if needed) which had to be their color (White - They were going to try and give me a ‘waiver’ seeing as I had just bought a brand new RED F250 Van.)
Anyway, I would be supplying the truck with their logo, labor(me), wearing their uniform, Insurance- vehicle and personal, AND I knew from my IC earlier days if one represented himself as an FEDEX employee, one could get canned...(actually made sense, no uniform, unmarked truck etc) but here I would virtually be an Employee with NO company benefits whatsoever. Few years back a bunch of people sued over this (I had figured IRS would never let them get away with it) BUT I also didn’t figure the ‘strikers’ had a chance because FEDEX spelled out EXACTLY what they were doing and what they expected of the individual. The truck issue came up real early and I was basically ‘finished’ then....
You want me to drive your truck, wear your uniform, I will be on YOUR payroll PERIOD. Of course, that is just me...HA..
So, if a mechanic at a G.M. dealership has to follow G.M. repair techniques which he learned at a G.M. training center, but works for a wholly owned dealership....he somehow becomes a partial employee of The G.M. Corporation????....Please
An excellent comparison and no different from franchising that I can see.
“Probably close to half of McD franchisees are barely getting by.”
The numbers for revenue and profit per store is terrible as an investment.
This ought to be tossed out of court very quickly. I’d like to see the NRLB forced to pay the legal fees of both McD’s and the franchisees brought into the case.
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I agree with all of your posting, not just the quote above.
The NLRB should be abolished, as they are a group put in place to support big labor unions and punish businesses. Such oversight has been unnecessary for decades, since so many workplace environmental and safety laws were enacted.
The answer for the States is to enact right-to-work laws. Existing RTW States are doing better than union States, as a group. ....Employees are protected by existing laws and should not have to pay mandatory dues to keep union fat cats in the fancy autos, country clubs, etc.
Even the IRS is unionized. Big surprise....
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IF Republicans can control both houses AND the White House after 2016, they should pass legislation that prevents Federal employees of any stripe from being unionized. Other existing laws protect the rights of employees.
Such employees generally have more income than the working and upper middle class employees in private businesses. Their union dues are heavily used to fund the liberal political machine.
So, if a mechanic at a G.M. dealership has to follow G.M. repair techniques which he learned at a G.M. training center, but works for a wholly owned dealership....he somehow becomes a partial employee of The G.M. Corporation????....Please
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Good analogy! I’ve been taking my car to a local Pep Boys or Christian Brothers for years. I’m retired and they know me so let me hang around in the shop while they work on my car.
Almost everyone of the mechanics were trained through GM or Ford and hated the dealerships because of the blatant overcharging of customers, but really like their current jobs.
I think this is a great ruling, Now anybody that has been wronged by some scumbag LAWYER can now SUE the BAR Association for Damages, Since Lawyers are required to follow their franchisor rules, they are now LIABLE for the Actions of ALL LAWYERS in their organization.
” IF Republicans can control both houses AND the White House after 2016, they should pass legislation that prevents Federal employees of any stripe from being unionized. Other existing laws protect the rights of employees.
Such employees generally have more income than the working and upper middle class employees in private businesses”
Of course they do. But if you are expecting THIS group of Republicans to do anything for us, forget it.
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