LFTL: Restaurants & Unions - Part 2

Welcome to part 2 of your May Lessons From the Line where we’re exploring the interconnected challenges of employee satisfaction, employee retention and the growing trend of unionization in the restaurant industry. If you missed part 1 (and you shouldn’t!) head here to read it on Harmony’s blog page.

We’re continuing our series of questions with Adam Aljoburi, a labor and employment attorney at a large, heavily unionized company. Read on for valuable insight that should not be considered legal advice but rather thoughts to point you in the right direction. Be sure to consult a lawyer as needed before implementation of new ideas. Picking up where we left off…

Harmony: With the increasing attention on unionization in the restaurant industry, what proactive legal strategies can employers employ to foster positive employee relations and address potential concerns before they escalate into formal organizing efforts? Are there any legally sound communication strategies you would recommend?

Adam: The first thing I recommend when management is concerned about a potential organizing effort is to ask yourself a simple question: Put yourself in your employees’ shoes. How would being in a union help or hurt my experience at this place of employment? If an employee believes that a union is the only way they can finally air a longstanding grievance with management through the grievance process, then that’s a concern. If an employee thinks a union is their only option to get a break during a long shift, that’s also a concern. And if an employee feels that a union is the only way to be heard and respected, that’s a problem.

As we’ve discussed, unions are neither inherently good nor bad - they are a response. They typically emerge either in reaction to management’s behavior or the perception that employees are being taken for granted.

With that in mind, my recommendation for maintaining a workforce’s confidence in leadership is simple: Be consistent and fair in how you treat people. This doesn’t necessarily mean treating everyone the same, but it does mean being fair. Employees know who the slackers are and who the top performers are. If you discharge a poor performer for excessive absences and keep a top performer who may also have attendance issues, employees will understand that decision. The key here is maintaining fairness and transparency in how you make decisions.

Additionally, respect your employees' time. The restaurant industry often requires flexibility, and everyone in the industry understands that. However, that doesn’t mean you should take that flexibility for granted. If an employee comes in on their off day because you need them, be sure to show them appreciation. It’s not just about paying them; it’s about demonstrating genuine gratitude for their commitment.

Finally, be transparent. While you can’t always share everything, keeping employees in the dark leads to an “us vs. them” atmosphere, which you want to avoid. When employees feel excluded or that their concerns aren’t being addressed, they may feel disconnected or frustrated. Open communication is crucial in these situations.

Now, regarding proactive legal strategies, if you suspect a union organizing effort is underway, here are some steps you can take:

Use the FOE and TIPS Framework as a Guide:

FOE (Facts, Opinions, and Examples) outlines what you can do during a union organizing campaign:

F = Facts: You can share factual, accurate information about the union and its potential effects on the workplace. Be transparent and clear about your position, but avoid misleading or false statements.

O = Opinions: You can express your personal opinion about unionization, as long as it is framed as your viewpoint and not presented as an authoritative fact.

E = Examples: You can offer real-world examples—whether from your own business or others—about the impact of unionizing. However, make sure to present these examples in a way that cannot be interpreted as a threat or intimidation.

TIPS (Threats, Interrogation, Promises, and Surveillance) outlines what you cannot do:

T = Threats: Threatening retaliation or harm for supporting or opposing unionization is strictly prohibited. You cannot intimidate employees into choosing one side over the other.

I = Interrogation: Questioning employees about their union support or activities is prohibited. Any probing of an employee's views could be seen as an attempt to intimidate or coerce them into changing their position.

P = Promises: You cannot promise any benefits or improvements in exchange for voting against unionization. Promises could be seen as an improper attempt to sway the election in your favor.

S = Surveillance: Monitoring employees' union-related activities is not allowed. This includes spying on union meetings or using cameras to monitor union supporters.

Harmony: Let’s say the employees do vote to unionize. From a legal and practical standpoint, what should restaurant management expect next, and what steps can they take to navigate this new phase of the employer-employee relationship effectively and lawfully?

Adam: If your employees vote to unionize, the first thing to understand is that it’s not the end of anything - it’s the start of a new phase in your working relationship. The law requires you to bargain in good faith with the union over things like wages, hours, and working conditions. That doesn’t mean you have to agree to every proposal, but you do have to show up to the table, take the process seriously, and work toward an agreement.

It’s important to avoid making any sudden changes to policies or working conditions during this time - even positive ones - as they could be seen as undermining the union or violating your duty to bargain. Make sure your leadership team is aligned, informed, and consistent in how they communicate and operate moving forward.

The process of negotiating a first contract can take time, and it may come with challenges. But it’s also an opportunity to reset the relationship with your employees. A unionized workforce can still be highly productive and collaborative - what matters is how management shows up. If employees see that you remain professional, respectful, and fair, that will go a long way toward building trust.

Finally, avoid falling into an “us vs. them” mentality. The union is now part of how your business operates, much like any other partner or stakeholder. Your job as a leader hasn’t changed - you’re still responsible for building a workplace where people feel heard, valued, and treated with dignity. That part stays the same, union or not.

Implementing Positive Changes Now

Many of the employee requests that surface during exit interviews and/or unionization efforts are rooted in a desire for fairness, respect, and basic security – principles that can and should be cornerstones of any thriving restaurant. Looking at the common demands, it's clear that implementing many of these positive changes proactively is not only feasible for small, independent restaurants but can also significantly enhance your team's well-being and loyalty. Consider the impact of offering even a modest increase in wages or an added perk, exploring options for more accessible healthcare, ensuring transparency in tip distribution, and formalizing processes around paid time off. These tangible improvements demonstrate your commitment to your employees and can address core concerns before they become points of contention, and several of them cost nothing or very little to implement.

By taking these concrete steps now, you can cultivate a workplace where employees feel valued, heard, and secure, potentially making the proposition of seeking employment elsewhere or even unionization less appealing as their fundamental needs and expectations are being met directly by you.