Industrial Workers of the World - Jimmy Johns

Jimmy John's Workers Hit the Bricks to Bring Bosses into Compliance with Court Order : Over a Year After Mass Firing, Search for Justice takes Workers from Courtroom to the Streets

IWW.org Editor — Wed, 25 Apr 2012 01:25:52 +0000

MINNEAPOLIS- Picket lines will popped up around Jimmy John's at noon today as sandwich workers and supporters from Occupy Minneapolis and local labor unions sought to persuade franchise owners Mike and Rob Mulligan to comply with a judge's order to reinstate six workers illegally fired for blowing the whistle on company policies which expose customers to sandwiches made by sick workers. Although an NLRB judge ruled on Friday that the workers must be offered reinstatement within 14 days, federal labor law allows employers to illegally fire workers and then drag out appeals for years with minimal penalties.

"The dysfunction of US labor law means that crime pays for bosses in America. We are calling on Mike and Rob Mulligan to do the right thing and abide by the court order, rather than delay justice by pouring more money into a losing legal battle," said Max Specktor, one of the fired workers.

According to the judge's ruling, Jimmy John's workers can be disciplined if they call in sick without finding a substitute. A union survey revealed that this policy, in conjunction with minimum-wage workers' inability to afford to take a day off, result in an average of two workers making sandwiches while sick every day at the Minneapolis franchise of the chain. Minnesota Department of Health reports document three outbreaks of foodborne illness in the past five years at the franchise, due in part to sick workers.

Workers at Jimmy John's then began campaigning for the right to call in sick and paid sick days in January 2011. Despite the clear risk to public health of workers making sandwiches while ill, franchise owners Mike and Rob Mulligan stonewalled employee requests for sick day policy reform for more than two months, prompting union supporters to take their message to the public by posting 3000 copies of a poster explaining that workers are forced to make sandwiches while sick. Mike and Rob Mulligan lashed out in retaliation, firing six workers and disciplining others. On the witness stand, Mike Mulligan admitted under oath that he had fired the six workers because he perceived them as the "leaders and developers" of a unionization effort. Mulligan's credibility was further eroded when he testified to intentionally lying about the franchise's food safety record to the press.

Federal Judge Finds Jimmy John's Guilty of Illegally Firing Whistleblowers in Sick Day Campaign : Long Delay in Legal Process Demonstrates Dysfunction of US Labor Law

IWW.org Editor — Tue, 24 Apr 2012 01:06:00 +0000

MINNEAPOLIS- A federal judge has ordered Jimmy John's to reinstate six workers fired by franchise owners Mike and Rob Mulligan over a year ago for blowing the whistle on company policies that expose customers to sandwiches made by sick workers. Jimmy John's workers can be written up or fired if they take a day off without finding a substitute when they are sick. A union survey revealed that this policy, in conjunction with minimum-wage workers' inability to afford to take a day off, result in an average of two workers making sandwiches while sick every day at the Minneapolis franchise of the chain. The judge's ruling requires that Jimmy John's reinstate the six workers with back pay within 14 days, but the employer could manipulate the appeal process to stall resolution of the case for several more years.

While the workers hail the judge's ruling as a victory for whistleblower rights, they point out that justice delayed is justice denied. “It has already been over a year since we were illegally fired for telling the truth. For all the hard work and dedication of the NLRB's civil servants, employers like Jimmy John's prefer to break the law and drag cases through the courts for years rather than let workers exercise their right to win fair pay, sick days, and respect through union organization,” said Erik Forman, one of the fired workers, “The dysfunctional US labor law system gives Mike and Rob Mulligan and their cronies in the 1% carte blanche to trample on workers rights. Jimmy John's workers, and the rest of the 99%, will only be able to win a better life by taking our fight from the courtroom back to the shopfloors and the streets."

The story of the unionization effort at Jimmy John's reads like a cautionary tale about the inefficacy of labor law in the United States. A majority of Jimmy John's workers demanded union recognition in September 2010, primarily seeking a pay increase above minimum wage. In response, the company spent over $85,000 on a vicious anti-union campaign with the help of outside union-busting consultants. In spite of rampant illegal intimidation, the workers came within a hairs-breadth of victory in an 85-87 vote that the NLRB later threw out due to over 30 employer violations of federal labor law in the election period.

Trial of Jimmy John's Bosses for Mass Firing of Whistleblower Workers Begins Today: Organizers Vow to Continue Fight for Change at Poverty-Wage Corporate Chains

IWW.org Editor — Wed, 15 Feb 2012 00:39:25 +0000

Trial: 9:00am Tuesday, January 14th; National Labor Relations Board Hearing Room, 330 2nd Ave. S. #790, Minneapolis, MN

MINNEAPOLIS- Six Jimmy John's workers fired nearly one year ago for blowing the whistle on company policies which force workers to make sandwiches while sick will get their day in court today. In November, the NLRB ruled that the March 2011 mass firing, as well as an anti-union Facebook group used by the employer, violated federal labor law. Organizers allege that the firing was a calculated attempt by franchise owners Mike and Rob Mulligan to decapitate the first unionization effort in the nation's fast food industry.

Jimmy John’s Workers Make Headway

IWW.org Editor — Tue, 13 Dec 2011 19:56:02 +0000

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.

Phone Zap in support of Grand Rapids IWW member wrongfully terminated from Jimmy Johns!

IWW.org Editor — Sun, 10 Jul 2011 17:47:35 +0000

Fellow Worker Mathew Bair was fired July 8 from a JJ in Grand Rapids for alleged costumer complaints, when the facts are that Bair never was told of any complaints and always received praise and good tips from costumers. FW Bair was fired for his membership in the IWW and we won't go silently!

When: Saturday and Sunday July 9th and the 10th 2011 all day

What to Do: Call Owner Tom KirkPatrick.   If he doesn't answer leave a message.

Demand: That fellow worker Matthew Bair be reinstated and to continue work at Jimmy Johns. That they stop their campaign against Jimmy Johns workers organizing for a better future.

Sample Text: Hello Mr. KirkPatrick, I am calling to insist that fellow worker Matthew Bair be reinstated at Jimmy Johns. It is illegal to terminate someone for their organizing activity. Please join the consensus of working people around the nation and stop the union busting efforts against your workers.

Tom KirkPatrick

Phone: (616) 617 3773

Grand Rapids, MI

New Fringe Fest Musical Inspired by Union Fight at Starbucks Puts Low-wage Retail Workers in Spotlight

x344543 — Sat, 02 Jul 2011 08:19:49 +0000

The Silent Room: A Worker's Musical

Contacts: Ted Dewberry, 763-607-4492; Erik Forman, 612-598-6205

The Silent Room Takes Audiences Inside Labor Insurgency in America's Corporate Chains

Sneak Preview: 7:30pm July 7th, Zorongo Dance Theater Performance Dates: August 5th-11th in the Minnesota Fringe Fest at the Gremlin Theater.

MINNEAPOLIS-- When a coworker at Starbucks approached barista Ted Dewberry about forming a union at their workplace, his initial reaction was fear. Working 17 hour days at Starbucks and IKEA to pay off decades-old film school student loans, Ted was in no position to risk his job. He reluctantly agreed to come to a meeting, but only to listen. Little did he know the decision would change his life. In the months that followed, Ted and his coworkers faced down a campaign of intimidation coordinated by Starbucks' anti-union consultants at the Akin Gump law firm, won improved working conditions at their store, and helped spark a retail workers movement that continues to grow with unionization campaigns at Jimmy John's, Target, Walmart, the Apple Store, and other corporate juggernauts.

An independent filmmaker in his limited free time, Dewberry decided to tell the story of what happens when you say "union yes." The result is "The Silent Room," a new music-laced exposé of the misery of the corporate retail workplace. The name of the show is inspired by a special room in the Twin Cities IKEA for workers to go to when they have a nervous breakdown on the job.

Government Reports Reveal Jimmy John's Lied about Pattern of Food-borne Illness Outbreaks Due to Sick Workers

x344543 — Sat, 04 Jun 2011 18:48:39 +0000

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.

National Week of Action for Paid Sick Days at Jimmy John's

x344543 — Fri, 22 Apr 2011 19:03:10 +0000

Do you want someone with the flu or a cold to have to make your sandwich? Do you want to have to work when you're sick? Do you think workers should be able to afford to take a day off?

In cities across the US, restaurant workers aren't allowed to and often can't afford to take a day off when they are sick. But this barbaric practice might be about to change. In Minneapolis, MN, the IWW Jimmy John's Workers Union is waging a campaign for paid sick days... and winning. Until now, management at the Miklin Enterprises Jimmy John's disciplined and even fired workers who stayed home while sick without getting their shift covered. After months of pressure from union members, the franchise owners have begun to crack. The owners recently announced a new policy which allows workers to call in up to five times in a year without being fired. We still have a long way to go, but this concession shows that together, we can make our voices heard.

Help us take our message to Jimmy John's workers across the nation- together we can win paid sick days and the respect and dignity all workers deserve!

To participate, email the Union at jimmyjohnsworkers [at] gmail.com. We will give you instructions on how to set up an outreach event in your community.

Together, we will win!

Campaign related Facebook Event - link

For more info - jimmyjohnsworkers.org

Power Concedes Nothing Without Demand: Courtesy and Class Struggle at Jimmy John's

x344543 — Thu, 07 Apr 2011 20:06:26 +0000

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.

Food Safety Fight at Jimmy John's Escalates as Public Outcry Mounts over Mass Firing

x344543 — Sat, 26 Mar 2011 17:02:13 +0000

Whistleblower Workers Pledge Action for Right to Call in Sick, Paid Sick Days

Jimmy John's Workers Union- Industrial Workers of the World

Contacts: David Boehnke, 651-315-4222 and Davis Ritsema, 612-281-9772

March 25, 2011

MINNEAPOLIS- Thousands of community supporters have jammed Jimmy John's phone lines and flooded the chain's Facebook page with messages of outrage and support for six whistleblowers who were fired for exposing widespread coercion to work while sick at the chain. Today, the workers have announced that they plan to escalate actions against Jimmy John's until their demands for the right to call in sick, paid sick days, and reinstatement of the fired workers are met.

“We will not be silenced. Speaking out against the policy of forcing workers to work while sick is not only our right, it is our duty. “ said Erik Forman, one of the fired sandwich workers. “The unfettered greed of franchise owner Mike Mulligan and Jimmy John himself jeopardizes the health of thousands of customers and workers almost every day. We will speak out until they realizes that no one wants to eat a sandwich filled with cold and flu germs.”

Under current policy, Jimmy John's workers are disciplined for calling in sick if they cannot find a replacement. In addition, many workers are unable to afford to take a day off if they are ill because wages at the sandwich chain hover around the federal minimum of $7.25 an hour. The result of these pressures is that sandwich-makers often have to work while sick, creating an enormous public health risk.

After franchise management rebuffed numerous employee requests to reform the sick day policy, members of the IWW Jimmy John's Workers Union posted 3000 copies of a poster advising the public of health risks at the sandwich chain. Management fired six outspoken union members in retaliation.