I work in a restaurant, high-end, multiple locations across the US. We are in Chicago, specifically. We have corporate in for the week as we launch a new menu with training for the whole team every day. Yesterday, second day, right before the end of the day, they sprung on us that they are changing our pay structure.
I have minor concerns but some of my coworkers have major ones. We met beforehand today to get united in our talking points. We raised them at the meeting with the corpos and though the bosses were clearly pressured and made (verbal) concessions, they would not acknowledge our concerns.
We had another off-premises meeting just now where we agreed to all skip the (technically optional) training meeting tomorrow while each sending the same written message through the official, and public, communication channel. We will still show up for our actual scheduled shifts.
Where I feel we’re strong:
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We’re asking to keep the status quo rather than make a change. All we want is income stability.
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All but four of us were at the organizing meeting, and of the four missing, two said in advance they’ll do what the group decides and one of the others spoke up verbally during the meeting today in support.
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The bosses have already offered us concessions, some we asked for (after initially refusing) and some we didn’t ask for (greater leeway in comping [giving away] menu items, which may or may not improve tips).
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Most of us don’t need this specific job, and can find a new one in less than a week. If it comes to an actual walkout, they will have to close the restaurant.
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Management has already been trying to hire more staff for months, and cannot find worthwhile candidates; of the few they’ve hired, half don’t make it through training. We are not easily replaced.
Where I feel we’re weak:
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Some servers have said they can’t afford to strike if it means lost income or losing a job.
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The management we’re talking with may not have the authority to roll back this decision.
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The company already made these changes at one other restaurant in the chain already, and we can’t count on other locations to support us.
Any advice is appreciated. None of us has done anything like this before.
Edited to fix typos and add location.
Has anyone mentioned the word “union” in these communications yet? It needs to be gotten across that without a formal union, your bosses can just crush your little organisation with very few realistic legal consequences. They can make up bullshit reasons to fire you or reduce your hours as punishment. What is happening is just collective bargaining but without the legal protection of being a union.
Unions rarely strike. The threat of Industrial action (which is not just limited to striking) is usually an effective enough bargaining chip that in most cases, bosses offer concessions in negotiations without needing to resort to it.
There are limited forms of Industrial action as well. For example, the union can say that everyone should refuse overtime or that they should reduce their work to only the bare minimum required of them (which is called “work-to-order” or “work-to-rule”). Other tactics involve a large number of employees calling in sick on the same day. All of these allow workers to show their power without needing to sacrifice their paycheque.
If you contact the local chapter of a larger union organisation, they can provide resources to help organise your workplace. Google Search “Chicago restaurant workers union” and find the one that matches you and your colleagues’ values most, then reach out for help organising.
Employer intimidation is forbidden during the process of formally organising a union and will be prosecuted by the National Labour Relations Board.
What is happening is just collective bargaining but without the legal protection of being a union.
This is false. Per the NLRB:
You have the right to act with co-workers to address work-related issues in many ways. Examples include: talking with one or more co-workers about your wages and benefits or other working conditions, circulating a petition asking for better hours, participating in a concerted refusal to work in unsafe conditions, openly talking about your pay and benefits, and joining with co-workers to talk directly to your employer, to a government agency, or to the media about problems in your workplace. Your employer cannot discharge, discipline, or threaten you for, or coercively question you about, this “protected concerted” activity. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action. However, you can lose protection by saying or doing something egregiously offensive or knowingly and maliciously false, or by publicly disparaging your employer’s products or services without relating your complaints to any labor controversy.
A union can be as little as two workers who team up to improve their working conditions. Having a Union CONTRACT can be a thing, but it’s not required for legal protection, which can actually have some teeth if the bosses slip up in their union busting
Which union are you joining? Start calling them. They have staff organizers whose whole job is to help you do this work.
Edit: also,
Some servers have said they can’t afford to strike if it means lost income or losing a job.
Part of union dues goes into a strike fund, so that you can pay your bills while on strike and not getting paid from your job.
One of the rules if you decide to go for a union is status quo. The NLRB will require them to keep the status quo until an election is finished. It would help at least in the short term with keeping what you do like.
As for strikes they are supposed to be fairly rare. in my attempts we’ve never gone that far.
I’d say formally, form a union in your workplace and enjoy the added protections it grants all of you.
There is the possibility the company will break the law so freshen up some resumes for the short term.
Reach out to the IWW. Their organizer training is excellent. Though you’re on the right track already having meetings away from the work site and outside work hours, keep that up!
Get everyone on board outside of work. Have meetings weekly or so and just work your way through the process.
Listen to this podcast. Chicago Bookstore created a union. This was their process (maybe get in touch with them)
It could happen here has a bunch of unionizing interview podcasts. They might help.
Have you talked to EWOC? They should have someone with organizing experience that can help guide you.
Maybe cross-post to !unions@sh.itjust.works
The last two “weak” points are problems for them, not you guys. If they can’t meet your terms, walk.
