Twin Cities GMB

By David Feldmann

For several years, the IWW has had an active organizing drive in Jimmy John’s sandwich shops, most notably in Minneapolis-St. Paul, Minn. (the Twin Cities). Earlier this year, six Jimmy John’s workers were fired, ostensibly for violating the company’s attendance policy regarding sick days. The workers were all IWW members who had been involved in attempts to publicize the food safety concerns of Jimmy John’s sandwich makers in the Twin Cities. Naturally, the union members contend that they were targeted because of their involvement with the IWW and not because of their attempts to call in sick without finding someone to cover their shift (the contentious policy in question).

On Nov. 4, Erik Forman, longtime IWW member and Jimmy John’s worker, announced that “the NLRB [National Labor Relation Board] is going to file a complaint against Jimmy John’s on every single charge we filed against them.” The Jimmy John’s campaign went public in 2010 after a long period of clandestine organizing activity. In October of that year, the first fast food workers’ union in the United States lost a union election (85 in favor, 87 against) after franchise owner Mike Mulligan spent more than $84,000 on union busting, according to the U.S. Department of Labor. IWW members argued that Mulligan, who owns ten Jimmy John’s stores in the Twin Cities, broke labor laws in trying to stifle the union’s presence and influence. This position was reinforced by the NLRB, who threw out the election results in January 2011 after declaring Mulligan had, among other things, lied to employees about the union and unlawfully retaliated against IWW members. To date, the IWW hasn’t called for another election, but has instead focused on exposing alleged health code violations at Jimmy John’s locations and getting the fired workers reinstated at the fast food chain. After the results of the NLRB investigation were announced, the Jimmy John’s union proclaimed that all “six fired organizers will go back to work, with back pay, hopefully within the next few months.”

For a labor union that has historically eschewed legal recognition, the IWW has been surprisingly successful at convincing the NLRB that they are in the right, not just in regards to Jimmy John’s but also in the more established campaign to organize baristas at Starbucks (the IWW has won even more legal victories in that struggle). Time will tell whether the IWW can withstand the onslaught of anti-union tactics employed by Mulligan and the rest of Jimmy John’s management in the Twin Cities and continue to expand the union. Now that the NLRB decision has strengthened their resolve, this prospect seems very likely indeed.

Company Credibility Erodes as NLRB Investigation over Firing of Six Whistleblowers Continues:

June 3, 2011 - Jimmy John's Workers Union & Industrial Workers of the World
Contacts: Max Specktor, 612-250-7309, Erik Forman 612-598-6205

MINNEAPOLIS- Two months after Jimmy John's fired six workers for blowing the whistle on a company practice of forcing sandwich-makers to work while sick, the IWW Jimmy John's Workers Union has released Minnesota Department of Health documents today revealing eight outbreaks of foodborne illness at franchises across the Twin Cities area in the past five years, seven of which were due to employees working while sick at the chain. The release of the documents seriously erodes the credibility of Minneapolis franchise owner Mike Mulligan who had previously claimed to reporters and employees that, "the company has made more than 6 million sandwiches during its nearly 10 years in business—and no one’s ever gotten sick from eating one." Two of the outbreaks, both caused by sick employees, were at the Mulligans' stores.

"This is smoking gun evidence not only of the seriousness of the public health risk caused by workers being forced to work while sick at Jimmy John's, it also proves that Jimmy John's franchise owner Mike Mulligan willfully lied to the media, the public, and his employees about his food safety track record. We will continue our fight for paid sick days for restaurant workers until Jimmy John's changes their policy to protect workers and the public," said Max Specktor, one of the fired whistleblowers.

It may come as a surprise to those who have never worked in the food industry to hear that not only Jimmy John's sandwiches, but also the pizzas, salads, burgers, and burritos that are consumed in many American restaurants often have a few secret ingredients: cold, flu, and other germs. There is a simple reason for this. Jimmy John's and many other fast food restaurants do not allow workers to take sick days. Management pressures sick workers to find a replacement or come to work. In addition, wages at Jimmy John's and throughout US food service are so low that workers cannot afford to take a day off if they fall ill. The result of these pressures is that American restaurant workers work while sick, creating an enormous public health risk. The evidence is not just anecdotal; in a recent study performed by the Center for Infectious Disease Research and Policy, of 793 employees surveyed 72% said they worked while they had severe flu symptoms. It doesn't have to be this way. According to an Institute for Social Health and Policy study, 127 countries guaranteed at least a week of paid sick days per year for all workers.

The IWW Jimmy John's Workers Union is tired of seeing our coworkers with colds, the flu, or even strep throat be forced to risk getting written up or being fired for protecting public health. So we proposed a simple solution to Mike and Rob Mulligan, the owners of our franchise. For weeks, we called on them to allow workers to call in sick and provide some paid time off. Week after week, they ignored our polite requests. As flu season hit its peak, we gave them an ultimatum–-reform your sick day policy or we will inform the public that you are putting private profits over public health.

Mike and Rob Mulligan refused, so we put up 3000 posters throughout the city alerting the public that the sandwiches you consume could be filled with cold and flu germs from workers who can't take a day off.

In retaliation for blowing the whistle, Jimmy John's fired six outspoken union members in an attempt to silence us.