Above photo: RWU.
Lodi restaurant workers are scheduled to get their day in court tomorrow.
The case could force the company to recognize their union. The trial could set an important precedent for all workers organizing in the restaurant industry.
Workers at Lodi, the pricey Italian restaurant in Rockefeller Plaza, are continuing their struggle to gain recognition as part of the Restaurant Workers Union. In fall 2022, workers began organizing, leading to an overwhelming 75 percent of the workers signing union cards. In January 2023, organizers went public with a letter to management stating their demands.
Their demands look to improve conditions for all workers at Lodi and safeguard their livelihoods. Workers are demanding wage increases to account for past inflation and cost-of-living-adjustments to protect them in the future. Tipped workers have been barred from seeing the basic calculation that determines the distribution of their tips and are also fighting for transparency and fairness. A lack of proper training and safety procedure has led to workplace injuries, and workers are demanding these conditions no longer go unaddressed by management. Employment for Lodi workers, like for many in the United States, is “at-will,” which means workers can be fired at any time and for any reason. Workers are demanding “just-cause” termination procedures as well as defined disciplinary procedures to better protect themselves against management.
Despite the fact that a vast majority of workers had already signed cards, management refused to voluntarily recognize the union and a February election date was set. Lodi management, owned by the Mattos Hospitality restaurant group, then began a month-long union busting campaign. The National Labor Relations Board (NLRB) found that management committed a slew of unfair labor practices (ULPs) in the lead-up to the election, including appealing to racial prejudice, surveilling electronic communications, threatening workers with retaliation, and implying union efforts will affect their immigration status.
Such tactics are all-too common in the restaurant industry, where high turnover, fragmented working conditions, and low union density present unique challenges for workers and make union busting very lucrative for bosses.
In the case of Lodi, the union busting campaign ended in workers voting 25 to 21 against unionizing. In response, workers have begun a pressure campaign against management with the goal of bringing them to the table without a long and tedious legal battle. In October, they staged a picket outside of the Mattos Hospitality headquarters, and are now encouraging supporters to comment “fair contract now!” under Lodi restaurant Instagram posts.
The workers are now pursuing a Cemex bargaining order through the NLRB, which, if successful, would force Lodi to immediately recognize the union and begin bargaining with workers for a contract.
The Cemex bargaining order sought against Lodi is from a framework introduced by the NLRB in August 2023, which allows the board to force an employer to recognize a union if it finds that the employer attempted to illegally hinder unionization efforts, such as in the lead-up to a representation election. Outside of the immediate effects the framework could have on the labor struggle at Lodi, the new tool could deter bosses from engaging in popular union busting tactics.
Of course, this framework has its limits. In practice, using this legal tool requires some knowledge of labor law, proof of ULPs, and the ability of workers to hold a low-paying, non-unionized job long enough for the case to play out in their favor. Already, labor law presents a myriad of obstacles for workers to even get to a union election. Through its drawn-out processes, the NLRB effectively gives bosses more time to disorganize and demoralize their exploited workers. Moreover, there are dozens of ways the state allows bosses to legally prevent workers from forming unions, such as captive audience meetings.
While sometimes playing an important role in the outcome of organizing struggles, ultimately, the NLRB, like the courts, is not neutral; it’s a strategic body of state power used to regulate capitalist exploitation of workers. As the working class, we should take every advantage presented to us by the NLRB and demand legislation that protects labor rights. The decisive factor, however, is workers themselves discussing and democratically deciding how to carry out their own struggles — legal or not.
Lodi workers join a wave of unionization efforts across New York that span both corporate giants like Starbucks and local joints like Shewolf Bakery in Greenpoint and Barboncino Pizza in Crown Heights. In their letter to management, Lodi workers state their goal is “not simply to organize our own restaurant, but to participate in the long-term project of organizing the restaurant industry as a whole in New York City and beyond.” We stand in solidarity with our fellow workers at Lodi in their steadfast struggle for better wages and working conditions, in their kitchen and beyond.