Preliminary ruling: McDonald’s at state plazas fired workers for union activity
MILFORD — Workers at McDonald’s locations on some Connecticut highway service plazas have gained a preliminary victory as federal labor officials agree with their claim they were fired illegally for union organizing, setting up hearings in November and December in the historic battle The struggle is far from over,” said Frank Soults, spokesman for Service Employees International Union Local 32BJ, which is trying to organize hundreds of service plaza workers at fast food restaurants. SEIU 32BJ filed the charges on behalf of the workers.
In the finding, known as a complaint, the regional office of the National Labor Relations Board said four employees for one McDonald’s franchisee were fired, and other workers at a different franchiser saw reduced hours and other retaliation, for union activity. That is illegal under federal law.
“It’s good that we cleared that first bar,” Soults said Friday. “That’s a huge first step and we hope that all the wrongs will be made right.”
Nationally, Soults said it’s difficult to get the NLRB to agree there’s been retaliation for union activity because there are so many argue ways .“an that employer other circumcan try to stances led to their actions.
SEIU claimed that some of the McDonald’s workers were rehired in May after being laid off in March due to the pandemic, but the four workers involved in the case weren’t.
Representatives of the franchisees — Golden Hawk LLC of Shelton and Michell Enterprises LLC of Windsor Locks — could not be reached for comment. A franchisers association that represents the companies did not return a call seeking comment.
The complaints by the
NLRB follow a ruling over the summer, based on a separate SEIU appeal, in which the state Department of Labor said workers for Michell at the Darien service plaza were entitled to so-called standard wages, typically about $3 above the minimum wage, because the McDonald’s locations are on state property. Standard wages are bump-up payments in lieu of benefits for state contractors.
On Thursday, more than 50 fast food workers, elected officials, and union leaders gathered in front of the northbound Interstate 95 Service Plaza in Milford to rally behind the ongoing claims and to push for standard wages for all service plaza employees.
Juan Hernandez, SEIU 32BJ vice president in Connecticut, said the union is calling on Subway to pay hundreds of thousands of dollars to the workers under the standard wage rules.
Michell Enterprises paid $870,000 in back wages after the ruling by state Labor Commissioner Kurt Westby, who formerly headed SEIU 32BJ in Connecticut.
“Those workers at Subway, Dunkin’ Donuts, Sbarro, Panda Express — every single store, because of that contract with the state, should by Connecticut state law be entitled to the standard wage,” Hernandez said. “They are just being paid close to minimum wage right now.”
No ruling has been issued for standard wage payments at any of those locations.
“McDonald’s in Darien paid close to $900,000. Now apparently, Subway is fighting back,” Hernandez said. “But it’s the law. There is no way out.”
Workers rallying at state service plazas have become a regular sight in recent months as SEIU attempts to become the first union in the United States to organize McDonald’s locations.