The National Labor Relations Board (NLRB) ruled Friday that the McDonald’s corporation is responsible for several dozen complaints of retaliatory conduct against workers fighting for job improvements.
Since November 2012, 291 charges have been filed against McDonald’s franchisees. Of that number, the NLRB said it found 86 cases of unlawful conduct which included firings, reduced hours, threats, surveillance, and discriminatory discipline against workers who participated in organized and legally protected activity. Of the 291 charges that were filed, 11 cases were resolved, and another 71 remain under investigation.
Friday, the NLRB elected to name the McDonald’s corporation as a joint employer with McDonald’s franchisees, a move that trade groups have criticized. According to Reuters, the NLRB has traditionally held that franchisers may only be held liable if they are involved in setting wages and hiring workers. If the cases cannot be resolved through settlement, they could go before an administrative law judge beginning in March 2015. Cases have been launched in 13 regions across the country, including cities in New York and California, where the Department of Labor reported egregious wage theft violations earlier this month.
Speaking for the National Employment Law Project, General Counselor Catherine Ruckelshaus agreed with the NLRB’s decision. “While lobbyists for the fast-food industry might loudly disagree, their objections don’t change the facts: if you work at McDonald’s, then you work for McDonald’s, and not just the company’s franchisees,” she said. “McDonald’s exerts substantial control over its franchised restaurants; it’s only right that the company should also be held responsible for the rights of the workers at its restaurants.”
McDonald’s plans to contest the unfair labor practice charges against them.
Media Resources: Feminist Newswire 12/4/14; Reuters 12/19/14; Progress Illinois 12/19/14; NLRB Office of Public Affairs 12/19/14