Restaurant, Hotel, and Building Service Workers I.U. 640

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Alleging Rampant Labor Rights Violations at Jimmy Johns, Workers Call on NLRB to Take Action on Manipulated Union Election

Jimmy Johns Workers Union (Industrial Workers of the World) Contact: Emily Pzybylski, 414-477-9803.

October 22, 2010 - Sandwich Workers to Continue to Press for Improved Working Conditions.

MINNEAPOLIS – The Jimmy John's Workers Union has filed a 12-page Objection to the October 22 NLRB election at 10 Minneapolis sandwich shops, outlining a pattern of pervasive and systemic labor rights violations that prevented the possibility of a free and fair vote. The union election, a first in fast food in the US, was as close as they come, with 85 votes in favor of the union, 87 against, and 2 challenged ballots.

"Franchise owner Mike Mulligan decided to go beyond the pale. His managers asked workers to wear anti-union pins, fired pro-union workers, threatened a mass firing, implemented an illegal wage freeze, tightened policies and retaliated against union members, offered bribes, and pressured workers to vote no. He broke the law repeatedly in order to win, and he just barely won. That's not right. We are calling on the NLRB to set aside the results of this election," said worker and union member Emily Przybylsky.

In response to his employee's union campaign, franchise owner Mike Mulligan hired a third-party anti-union consulting firm, Labor Relations Inc., to prevent employees from winning an NLRB Union election. According to documents obtained from the Department of Labor, Mulligan spent over $84,500 on an anti-union campaign intended to prevent workers from unionizing.

Tim Louris, of Minneapolis labor firm Miller O'Brien Cummins, is assisting the union pro-bono in navigating the tricky waters of labor law. Union spokespeople say the written objection to the election results will be available to the public within a few days.

While filing with the NLRB to have the election results nullified, the workers also plan to mount a campaign to win their demands without union recognition.

"85 yes votes, in spite of 6 weeks of vicious union-busting, is a mandate for change," said "There are a thousand ways we can put pressure on Jimmy John's to win our demands for fair wages, sick days, consistent hours, and respect. We're fired up, this fight is just beginning," said Ayo Collins, another worker and union member.

The Jimmy Johns Workers Union, open to employees at the company nationwide, is the first fast food union in the nation, and 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.

Unfazed by near tie, Jimmy John’s Workers vow to continue campaign - Workers report widespread illegal activity by company

Jimmy Johns Workers Union (Industrial Workers of the World) Contact: Erik Forman, 612-598-6205, Ayo Collins 612-281-0882

MINNEAPOLIS – Workers at 10 Jimmy John’s franchise locations in Minneapolis are crying foul after a near tie in a union certification election marred by misconduct by owner MikLin enterprises. 85 workers voted in favor of unionization and 87 against, with two unknown contested ballots. Under the National Labor Relations Act, a tie goes to the employer.

Workers reported strong evidence of several violations of the National Labor Relations Act on and before election day, including attempted bribes of workers, management asking workers to wear anti-union pins, threats of mass firings, and anti-union firings. MikLin Enterprises currently stands charged with 22 alleged violations of the National Labor Relations Act.

“We are extremely disappointed with the company’s conduct in this matter; rather then letting simply letting us vote, management chose to break the law repeatedly during the last six weeks. They spent over $84,500 on a vicious anti-union smear campaign, that's over $1000 per vote. We do not recognize these election results as legitimate and will continue to fight for our demands,” said Erik Forman, a worker at Jimmy John’s and a union member.

Ayo Collins, a delivery driver, says the union “hasn’t put all their eggs in one basket” and has multiple avenues of action still open to them. He says the union is considering taking legal action against the company over their misconduct in the runup to the election.

"In a company with turnover approaching 50% each month, a majority at any given moment only means so much. We have a mandate- more than 85 of us are committed to continuing the fight for decent wages, consistent scheduling, sick days, and the basic respect and dignity that all workers deserve. This is just the beginning of the fight," said Collins.

The Jimmy Johns Workers Union, open to employees at the company nationwide, is the first fast food union in the nation, and 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.

200 Jimmy Johns Workers to Vote in Historic Fast Food Union Election Today

Potential Turning Point for Working Poor as Millions Face Deepening Poverty

Jimmy Johns Workers Union (Industrial Workers of the World) Contact: Mike Wilkow, 612-807-6633 | October 22, 2010.

MINNEAPOLIS– 200 workers at ten Minneapolis-area Jimmy John's will vote on unionization today, an historic first in the nation's almost entirely non-union fast food industry. The secret ballot union election could hold profound implications for millions of Americans employed in low-wage service sector jobs.

“We are standing up for quality jobs for working families, for a future for young workers, and for dignity and respect for all working people. Business as usual has been a disaster for poor and working people in America. We are going to take the power back,” said Ayo Collins, a Jimmy John’s employee and union member.

The unprecedented fast food union campaign at Jimmy John's comes at a time of deepening economic misery for US workers. According to the US Census Bureau, a record-breaking 43.6 million Americans– 1 in 7 people– are living in poverty. As higher-paying jobs get harder to find due to outsourcing, layoffs, and the recession, many workers are forced to seek work in one of the economic areas adding the most jobs: the food service sector. Employment in the food service industry is expected to grow 15% from 2008 to 2018, significantly higher that the 10.1% average rate predicted by the Bureau of Labor Statistics for all industries.

While millions of workers can expect to find employment in food service in the next decade, wages and working conditions in the industry are widely regarded as substandard; in 2009, the median wage in the fast food industry was only $8.28/hr. As of July 2010, the average workweek in fast food was only 24.3 hours. The median annual income for fast food workers is $10,462, or $871 per month. This is less than half the federal poverty line of $21,954 for a family of four.

Unionization holds a strong allure to poverty-wage food service workers. According to figures released by the Bureau of National Affairs, union members in the food service industry earned on average $2.36 more per hour, a 32% difference, than non-union workers in the same industry in 2009.

Despite the appeal of higher wages and better benefits, union density in the fast food industry is stuck at only 1.8%, far below the national average of 12.3%. Unionization efforts have been stymied by stiff employer resistance and professional “union avoidance” firms that specialize in thwarting NLRB election campaigns.

The workers at Jimmy Johns hope to change this by inspiring others to follow in their footsteps. “We’ve been in touch with fast-food workers across the country who are so excited about this that they’re thinking about unionizing their own workplaces,” said Collins.

The all-volunteer union campaign at Jimmy Johns has defied the expectations of labor experts and business analysts alike.

“Service industry jobs are the future and our future needs to have quality jobs for working families with living wages, affordable healthcare, paid time off, consistent hours, and basic respect. It's time for change in America, we hope this will be a turning point for all workers,” said Collins.

The Jimmy Johns Workers Union, open to employees at the company nationwide, is the first fast food union in the nation, and 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.

Rally Kicks off Final Countdown to Historic Fast Food Union Election at Jimmy John's

A Sign of Hope for a Nation Reeling from Recession

Jimmy Johns Workers Union (Industrial Workers of the World) Contacts: Emily Przybylski, 414-477-9803; Ayo Collins, 612-281-0882.

MINNEAPOLIS– Jimmy John's workers and supporters will rally this afternoon, kicking off the final countdown to an unprecedented NLRB union election at the Minneapolis-based franchise of the national sandwich chain on Friday. If a majority of workers vote in favor of unionization, 10 Minneapolis Jimmy John's that employ total 200 workers will become the first union fast food franchise in the United States.

“A union in fast food is an idea whose time has come. There are millions of workers in this industry living in poverty, with no consistent scheduling, no job security, and no respect. It's time for change and we are leading the way,” said Emily Przybylski, a union member at Jimmy John's.

A victory for the union would force franchise owner Mike Mulligan to negotiate with workers over their grievances, which include pay hovering around minimum wage, shifts as short as one hour, and pressure on workers to work while sick.

Since the launch of the union campaign on September 2nd, the IWW Jimmy John's Workers Union has been buoyed by an outpouring of public support from a nation reeling from the deepest recession in decades. Supporters have picketed and leafletted Jimmy John's locations across the country, while endorsements and donations have come pouring in from scores of unions and community groups.

Propelled by deep-seated frustration with a stagnant economy and record levels of poverty, the IWW Jimmy Johns Union has broken new ground for America's labor movement in a sector known for the lowest union density– and lowest wages– in the United States. Only 1.8% of fast food workers are represented by a labor union, far below the nation-wide average of 12.3%. With union workers in the fast food sector making on average $2.36 more per hour than their non-union peers, unionization has the potential to lift millions out of poverty.

The sandwich workers have succeeded in unknown territory for unions by tapping into deep-seated disenchantment with economic elites with an innovative organizing model that puts workers in full control of every aspect of their own union campaign, rather than relying on professional paid staff.

“At Jimmy John's, we are the union, the workers are the union. We built our union from scratch, just like in the early days of the labor movement. We expect to win this election, and expect to keep growing as long as workers continue to suffer because of corporate greed,” said Ayo Collins, a delivery driver and union member at Jimmy John's.

The Jimmy Johns Worker's 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.

An Open Letter to Jimmy John's Workers in Minneapolis on the Eve of Their Union Election

By Colin Bossen - Minister, Unitarian Universalist Society of Cleveland:

I write to you on the eve of your historic union election. Tomorrow you will be one of the few groups of fast food workers in the United States ever to have the opportunity to vote for a union. I urge you to vote yes. You are not just voting for yourselves. You are voting for fast food workers across the country.

In my religious tradition we believe that all human beings have inherent worth and dignity. By voting for a union tomorrow you will be sending a signal to the nation that all workers, regardless of occupation, are worthy of dignity and respect and that everyone has a right to a decent living.

More importantly you will be demonstrating that an industry--fast food--that has long been held as unorganizable can in fact be organized. For most of the last thirty years the income gap between the rich and the poor has been increasing. The primary reason for this has been a decline in union membership. You have a chance to reverse that trend by proving that any group of workers can come together and work to improve their working conditions.

Tomorrow you have the honor of standing at a pivot point in history. You do not stand alone. Across the country hundreds of working people have rallied in your support. If you vote for the union thousands more will rally to your cause. You may well help spark a revival in the labor movement that leads the improvement of not just your own lives but the lives of tens of thousands more.

Tomorrow you can make history. Tomorrow, vote union yes!

In solidarity and with love and admiration,
The Rev. Colin Bossen
Minister, Unitarian Universalist Society of Cleveland