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Employee Free Choice Act is anything but
June 13, 2008

Many of you know about the proposed "card check" legislation.  The bill, known as The Employee Free Choice Act, is anything but that.

In an effort to boost lagging union membership, organizers are going after foodservice. They are asking foodservice employees to contemplate why they do not make as much an hour as their co-workers in manufacturing.  The argument is that foodservice workers work as hard as people in manufacturing jobs, so why aren't they paid the same? 

Now, just think about the impact on your business if your average hourly wage rate was somewhere in excess of $18 per hour. Frightening enough?

If passed, this bill will allow Union representation in your restaurant if they can get a mere 50% of your workers to sign a card stating they want it. Employees lose the right to a confidential ballot election.

To make matters worse, once they get the signatures, operators must reach an agreement with the Union in a relatively short period of time.  If not, a Union mediator comes in. 

Here’s a good summary from Stroock & Stroock & Lavan LLP. The hotel and retail industries are very concerned about this bill, as is foodservice. (This piece has a hotel industry slant but most of it is applicable to restaurants. Disregard the part that talks about management contracts because it does not apply.)

Concern is not action, and action is what is needed now.  This bill already passed the House and got 54 of the 60 votes needed in the Senate.  With a new Congress, they will likely have the votes, and Barack Obama has stated that he would sign the bill if elected.

Congress needs to know that we don't want union representation without the right to a secret ballot.

Posted by Dennis Lombardi on June 13, 2008 | Comments (9)


Industries: Commercial
June 20, 2008
In response to: Employee Free Choice Act is anything but
John G commented:

And people are already complaining about the high cost of food.




June 20, 2008
In response to: Employee Free Choice Act is anything but
George Bizball commented:

This is about time, most employees don't have any benefits and are paid a very low wage.




June 20, 2008
In response to: Employee Free Choice Act is anything but
Tom Storey commented:

I am certainly not pro union. I would always fight union control of my shop. I do not see the issue with any kitchen or counter staff starting at $12 hour and topping at $19. Same with supervisors. Why is it a crime to pay something resembling a living wage in our industry? If your business cannot support a decent wage, If your business needs the employee's parents to support them while they work for you...how is your business design successful? You need to hire people who live in subsidized housing and use food stamps? So your business needs the federal government to support it? If I submit that plan to investors, I would get laughed out of the room. Every unit my company opens will take the best kitchen and counter staff from every fast food operator in their area, simply because we pay a living wage. No union problems here and staff turn over will be a fraction of the industry norm. McDonald's has more supervisors on shifts than ever before. They are already on their way to paying a living wage. Money talks.




June 20, 2008
In response to: Employee Free Choice Act is anything but
HS CHEF commented:

THE RESTAURANT BUSINESS IS ALREADY SUFFERING WITH HIGH FOOD COSTS.WHO WILL BE ABLE TO GO OUT TO EAT,WHEN WE HAVE TO MAKE UP THE DIFFERENCE TO THE CUSTOMERS.THINK ABOUT THIS MR OBAMA WHEN THE RESTAURANT ASSOCIATION MEMBERS HAVE TO VOTE FOR YOU IN NOVEMBER.THIS WILL DESTROY ALL SMALL OPERATORS AND NEW BUSINESSES.i THOUGHT ABOUT VOTING FOR YOU BUT NOT IF YOU HELP PASS THIS DEATH BILL ON A LOT OF RESTAURANTS




June 20, 2008
In response to: Employee Free Choice Act is anything but
Chris Talamo commented:

What ever happened to the notion that a server worked for tips? They are paid based on their performance, not what the employer "owes" them. No one owes me anything. If you don't like your job, or employer, get a new one.




June 22, 2008
In response to: Employee Free Choice Act is anything but
Lauren Sergi commented:

Exactly - isn't a tip supposed be a way to say "Thanks, great job!" It is pretty hard to find good service these days. Everyone just assumes they will get the tip that the think they deserve instead of the tip that they actually earned.




June 23, 2008
In response to: Employee Free Choice Act is anything but
Karen F. commented:

I do not believe any employee wages or union membership should be legislated. However, if the industry wants to avoid that, it might be time to eliminate the tip structure, and reallocate that 15% to wages & benifits. I suspect that a great deal of employee time and effort is devoted to 'tip' functions and would be better served by just doing their job. They would be protected on slow days, and the customer would be released from that extra tax. Instead, they would be paying the true cost of their meal up front. I live near Canada, and while their system is generally much worse than ours, when they come across the border to dine, they do not follow our guidelines. When a server hears that typical 'eh', they know there will not be a tip forthcoming.




June 27, 2008
In response to: Employee Free Choice Act is anything but
nobby commented:

Once again, a pro-union, anti-business approach by Democrats. Can anyone make decisions for themselves any more. Why do we need government involvement in dictating fair wages in the restaurant sector? If you want good loyal people to work for you, set the bar yourself and offer higher wages. Certainly this would hold not only the employee accountable for their work, but also attract better employees.




July 22, 2008
In response to: Employee Free Choice Act is anything but
SeersVere commented:

this topic for tests cars





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