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McDonald's and unions

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This is an old revision of this page, as edited by Shushugah (talk | contribs) at 21:05, 29 December 2023 (First attempt at adding United States. Will add some historic union drive attempts and union busting). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

A July 29, 2013 protest outside a McDonald's in New York City

McDonald's is one of the largest fast food chains in the world. The vast majority of its restaurants operate as franchisees. The ownership and legal structures significantly impact the bargaining power and industrial relations between McDonald's and its workers.[1]

Surveillance

In a 2021 Vice News report, it was revealed that McDonald's engaged in corporate surveillance of union organizers and McDonald workers in Chicago and London involved with the Fight for $15 campaign which is financed by the US based Service Employees International Union.[2]

Australia

McDonald's Australia opened its first restaurant in Yagoona, a suburb of Sydney, in 1971.[3]

See also: Retail and Fast Food Workers Union § McDonald's

In late December 2018 and January 2019, Retail and Fast Food Workers Union (RAFFWU) began a major campaign in improving McDonald's workers conditions. The campaign revolved around the company's unlawful denial of employees' 10-minute breaks.[4] Several McDonald's stores claimed that workers could either access drinking and toilet facilities at this time or take their allocated break. RAFFWU responded that this contravened the negotiated agreement and that workers had the right to drink water or go to the toilet whenever they wished.

RAFFWU organized a "historic" protest in front of the Myer Centre McDonald's in Brisbane, demanding "basic human rights" like drinking water.[4][5]

In 2019, RAFFWU member Chiara Stains with the support of RAFFWU commenced litigation against Tantex holdings for breach of numerous workplace and human rights. In September 2020 the Federal Court ruled in favor of Chiara and RAFFWU and ruled that workers have the legal right to take toilet breaks and drink water, which Tantex had threatened to withhold in a breach of employee's workplace rights.[6] Chiara receive A$800 in lost breaks and $1000 compensation, and the McDonald's franchisee was fined $82,000 in total.[7]

Germany

McDonald's Germany [de] employs 65,000 workers across its 1,470 restaurants. 1,313 (or 90%) of these restaurants are managed as franchisees.[8] McDonald's Germany notably does not have any employee representatives on its Supervisory Board, despite having over 50,000 employees, well above the legal threshold of 2,000 employees specified in the Co-determination Act. This is because it is wholly registered in under the American McDonald's Corporation in Chicago, Illinois, which is permitted under the German-American Trade Agreement.[1]: 398 

Works Councils can be set up in any establishment in Germany with 5 or more employees. In theory, every single McDonald restaurant could have a Works Council. In 2002, 50 restaurants out of 1,150 had Works Councils. Since 1999, a company wide Central Works Council (GBR) was established.[1]: 399–402 

The food and beverage trade union NGG alleges that McDonald's engages in union busting and retaliates against union affiliated Works Councils. Allegations include changing the ownership of union friendly restaurants into separate holding companies (so they cannot participate in the GBR election) and setting up a parallel employer friendly Central Works Council, with the two competing for legal legitimacy.[1]: 399–402 

Japan

McDonald's Japan was first established in Ginza, Tokyo district in 1971. The majority (70 percent) of McDonald's Japan restaurants are managed directly by the corporation with the remaining franchisees being operated overwhelmingly by former McDonald's employees as of 2012.[9]: 612 

The McDonald's Japan Union [ja] (Nihon Makudonarudo Yunion) was established on 15 May 2006 with 200 initial members, later on with the support of RENGO, the Japanese Trade Union Confederation.[9] Unpaid overtime, working conditions of full and part-time were some of the expressed factors for forming a union.[10]

Overtime lawsuit

In 2005, Takano Hiroshi, a McDonald's store manager (tenchō) visited the community union Tokyo Kanrishoku Union (Tokyo Managers Union) to file a grievance against McDonald's over unpaid hundreds of overtime pay and employee misclassification. Shortly afterwards, labor inspectors visited several restaurants, including his worksite and mandated personnel improvements. Management subsequently accused Takano of alerting them. After failed negotiations, Takano's lawsuit was resolved in a court ruling in 2008, with back pay and overtime afforded to all tenchō employees. McDonald's resisted changing its practices fundamentally, for example providing overtime pay, but also reducing the base wages so that there is little net difference.[11]

United Kingdom

McDonald's United Kingdom was first established in 1974. 115,000 workers operated across 1,249 restaurants as of 2017. The vast majority of employees have zero-hour contracts.[12]

In 1999, McDonalds Workers Resistance, a radical non-hierarchical worker's organisation, was formed at a McDonald's outlet in Glasgow, and remained active through to 2004.[13][14] On 16 October 2002, they organized a "Global Day of Action" which saw labour action in Europe, North America and Oceania.[15] The group's efforts were supported and promoted by the McLibel Support Campaign, which aimed to support London Greenpeace members who were sued by the company for slander due to distributing leaflets which were critical of the company.[16]

On 4 September 2017, the first strike actions were organized at two restaurants in Cambridge and Crayford with support of Bakers, Food and Allied Workers Union.[12]

United States

McDonald's first opened in California in 1940. It operates 14,300 franchises.[17] None of the restaurants are unionized. Fight For $15 is the most active labor related campaign, and is funded partly by the SEIU.[18]

McDonald's franchise model and lack of joint-employer status means that each and every single individual restaurant would have to individually vote to unionize.[18] The NLRB in October 2023 paved the way for more expansive definition of joint-employment that would force McDonald's to directly negotiate with trade unions.[19][20]

See also

References

  1. ^ a b c d Royle, Tony (2003). "Worker Representation Under Threat? The McDonald's Corporation and the Effectiveness of Statutory Works Councils in Seven European Union Countries". Comparative Labor Law and Policy Journal. 22: 395–432.
  2. ^ Franceschi-Bicchierai, Lorenzo; Gurley, Lauren Kaori (2021-02-24). "McDonald's Secretive Intel Team Spies on 'Fight for $15' Workers, Internal Documents Show". Vice News. Archived from the original on 2023-05-27. Retrieved 2023-05-27.
  3. ^ "Our Story | About Macca's | McDonald's AU". mcdonalds.com.au. Archived from the original on 2020-12-17. Retrieved 2023-06-06.
  4. ^ a b Cockburn, Gerard (11 January 2019). "Staff far from McHappy about breaks". The Courier Mail. Retrieved 19 June 2019.
  5. ^ Marin-Guzman, David (11 January 2019). "McDonald's faces 'historic' protests over work conditions". Australian Financial Review. Archived from the original on 11 January 2019. Retrieved 19 June 2019.
  6. ^ Bonyhady, Nick (2020-09-01). "Workers have a right to take toilet breaks, court rules". The Sydney Morning Herald. Archived from the original on 2022-12-05. Retrieved 2023-06-12.
  7. ^ Marin-Guzman, David (2020-11-16). "McDonald's franchisee fined $82,000 for denying toilet breaks". Australian Financial Review. Archived from the original on 2023-03-09. Retrieved 2023-06-12.
  8. ^ "Facts and Figures: McDonald's Germany Corporate responsibility report 2016 at a glance" (PDF). McDonald's. 2016. Archived (PDF) from the original on 2023-05-27. Retrieved 2023-05-27.
  9. ^ a b Royle, Tony; Urano, Edson (August 2012). "A new form of union organizing in Japan? Community unions and the case of the McDonald's 'McUnion'". Work, Employment and Society. 26 (4): 606–622. doi:10.1177/0950017012445093. ISSN 0950-0170. S2CID 154499680. Archived from the original on 2023-02-12. Retrieved 2023-06-11.
  10. ^ "McDonald's gets labor union". The Japan Times. 30 May 2006. Archived from the original on 2022-10-31. Retrieved 2023-06-11.
  11. ^ Weathers, Charles; North, Scott (2009). "Overtime Activists Take on Corporate Titans: Toyota, McDonald's and Japan's Work Hour Controversy". Pacific Affairs. 82 (4): 615–636. doi:10.5509/2009824615. ISSN 0030-851X. JSTOR 25608967. Archived from the original on 2023-06-11. Retrieved 2023-06-11.
  12. ^ a b Kollewe, Julia; Slawson, Nicola (2017-09-04). "McDonald's workers to go on strike in Britain for first time". The Guardian. ISSN 0261-3077. Retrieved 2023-09-19.
  13. ^ MWR Glasgow (2004). "McDonald's Workers' Resistance - reflections, 2004". libcom.org. Retrieved 2023-09-19.
  14. ^ Johns, Steven (2006-11-21). "Lessons of MWR - Interview with former McDonalds Workers Resistance member, 2006". libcom.org. Retrieved 2023-09-19.
  15. ^ Geographies of the New Economy: Critical Reflections. Taylor & Francis. 2006. p. 145. ISBN 9781134325474.
  16. ^ "McDonald's Workers Resistance". McLibel Support Campaign. Retrieved 2023-09-19.
  17. ^ Wiener-Bronner, Danielle (2023-09-22). "It's about to get more expensive to open a McDonald's in the US". CNN. Retrieved 2023-12-29.
  18. ^ a b Greenhouse, Steven (2022-11-23). "'The success is inspirational': the Fight for $15 movement 10 years on". The Guardian. ISSN 0261-3077. Retrieved 2023-12-29.
  19. ^ Iafolla, Robert (October 26, 2023). "New Labor Board Joint Employer Test Replaces Trump-era Rule (1)". Bloomberg Law. Retrieved 2023-12-29.
  20. ^ Durbin, Dee-Ann (2023-11-13). "New rule would make it easier for millions of Americans to unionize, but businesses are pushing back". AP News. Retrieved 2023-12-29.

External

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