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Questions About the Union?

Background on Efforts to Unionize Burgerville Workers

Burgerville
Established in 1961, Burgerville, headquartered in Vancouver, Washington, is a restaurant chain with 42 locations throughout Oregon and Southwest Washington. Burgerville’s 1,500 employees work together to provide guests seasonal, local food as part of its mission to “Serve With Love.”

At Burgerville, the commitment to fresh, local and sustainable values is about helping people and communities thrive. Burgerville’s employees are the key to everything we do, and Burgerville is passionate about providing them with meaningful work in a quality environment where all feel valued and respected.

For 57 years, Burgerville has been a leader in the fast-food industry. It was the first regional chain to offer cage-free eggs, 100 percent antibiotic-free and hormone-free proteins, and offset 100 percent of its electricity use with renewable energy credits. It supports 989 Northwest family farms and ranches and other local sourcing partners. It is beloved for its quality burgers, handcrafted shakes, and seasonal specialties like Walla Walla Onion Rings and fresh Yakima Valley Asparagus; but also lauded for its commitment to local, small farmers, antibiotic-free and hormone-free proteins, sustainable business practices, and a fair, friendly workplace where everyone is welcome.

Industrial Workers of the World
In April 2016, the Portland Chapter of the Industrial Workers of the World (IWW) formed the “Burgerville Workers Union” (BVWU). The IWW is an international labor union based in Chicago that is working with support from the Service Employees International Union (SEIU) to unionize fast-food employees. According to Wikipedia, the IWW is a general union whose members are further organized within the industry of their employment. It maintains that unions are not about government certification or employer recognition, but workers uniting to address shared concerns.

From the Preamble to the IWW Constitution: “The working class and the employing class have nothing in common. There can be no peace so long as hunger and want are found among millions of the working people and the few, who make up the employing class, have all the good things of life. Between these two classes a struggle must go on until the workers of the world organise as a class, take possession of the means of production, abolish the wage system, and live in harmony with the earth.”

The IWW is currently supporting a series of Food & Retail Chain Workers campaigns nationally and internationally. The IWW was publicly revealed as the organizer of the Burgerville campaign on March 28, 2018, when the “Industrial Workers of the World d/b/a Burgerville Workers Union” filed with the National Labor Relations Board (NLRB) seeking to represent Burgerville employees at Burgerville Store #41.

FAQs About the Union

Which Burgerville locations have voted in favor of a union?

Burgerville Store No. 14, located at 1135 NE Martin Luther King Jr. Blvd. in Portland
Burgerville Store No. 32, located at 1122 SE Hawthorne Blvd. in Portland
Burgerville Store No. 04, located at 8218 NE Glisan St. in Portland
Burgerville Store No. 08, located at 19119 SE McLoughlin Blvd. in Milwaukie
Burgerville Store No. 41, located at 3504 SE 92nd Ave. in Portland

Why hasn’t Burgerville made changes to existing working conditions so that employees don’t feel a need to unionize?

Federal labor law designates what employers and unions can and cannot do, and the rules for each are different. During the two-year IWW/BVWU organizing campaign, Burgerville has been unable to make changes in wages, hours or working conditions that would constitute a change in the status quo for Burgerville. Union organizers may make promises to employees about wages, hours and working conditions—even though unions have no way of guaranteeing they will deliver on their promises. Employers are strictly prohibited by federal law from making any promises to employees about changes to wages, hours and working conditions.

Why did Burgerville want this vote through the NLRB?

Burgerville absolutely supports the rights of its employees to vote in a secret ballot box election regarding whether they want a union. By holding a vote with NLRB oversight, every employee had the opportunity to make the decision for him/her/them self.

Does Burgerville want a union?

Burgerville is not for or against a union. The company is pro-employee. For more than 55 years Burgerville has worked directly with its employees successfully in building the company as a community favorite.

What if an employee doesn’t support the union?

Federal law protects every employee’s right to oppose a union just as it protects their right to support one. An employee’s right to refrain from union organizing activity is protected by law to protect against intimidation or harassment. Payment of dues is typically part of the union relationship from that point forward for all employees, whether they choose to join the union or not.

What about claims that Burgerville has been firing pro-union employees?

As a business, Burgerville has clear policies regarding workplace practices for safety, security and professionalism. In cases where policies have been clearly violated, Burgerville will terminate any employee for cause; such as in the case of theft. Burgerville applies these policies fairly and non-discriminatorily. There have been no findings to date by the NLRB that any employee has been terminated unlawfully because of union organizing.

If Burgerville employees at other locations support the union will there be consequences for them on the job?

Absolutely not. Burgerville respects the rights of every employee to support or not support a union. No one will get in trouble, be treated differently, or be retaliated against by Burgerville in any way for having signed an authorization card or having supported the union.

What’s next for Burgerville, the IWW, and the BVWU?

Burgerville will continue to bargain in good faith with IWW representatives in an effort to agree upon a contract.

Timeline on Efforts to Unionize Burgerville Workers

April 2016:

The “Burgerville Workers Union” (BVWU) was formed by the Portland Chapter of the Industrial Workers of the World (IWW), with support from the Service Employees International Union (SEIU). The IWW is an international labor union based in Chicago.

April 2016 to January 2018:

BVWU held numerous rallies, marches and fundraising events.

January 24, 2018:

BVWU held its first picket of 2018 outside of Burgerville’s N.E. Martin Luther King, Jr. Blvd. store in Portland.

February 2, 2018:

 IWW/BVWU announced a call for consumers to boycott the regional fast food chain until the company agrees to negotiate with the union. The announcement came amid a three-day strike that began in the Portland area at the N.E. Martin Luther King Jr. Blvd. store, which then spread to an additional three Portland stores: S.E. Powell Blvd. and 26th Ave. S.E. Powell Blvd. and 92nd Ave., and 19119 SE McLoughlin Blvd.

March 26, 2018:

Representatives from the IWW and BVWU requested that Burgerville voluntarily recognize the union. Burgerville declined in favor of allowing the union to petition for a vote for all employees at Burgerville Store #41, located at 3504 SE 92nd Ave., Portland, OR, 97266.

March 28, 2018:

“Industrial Workers of the World d/b/a Burgerville Workers Union” filed with the National Labor Relations Board (NLRB) seeking to represent Burgerville employees at Burgerville Store #41.

March 30, 2018:

Burgerville responded to the filing with the following statement from Beth Brewer, Senior VP of Operations: “On March 28, 2018, the Industrial Workers of the World, Portland Chapter, filed with the National Labor Relations Board (NLRB) seeking to represent Burgerville employees. Burgerville respects the right of every employee to support or not to support the organization of a union. The NLRB has scheduled a hearing on this matter to determine if a vote is desired by the employees. Burgerville will abide by the NLRB’s decision and guidance.”

April 4, 2018:

Burgerville issued a press release stating that the company will waive an NLRB hearing and support the free vote by employees to decide if they want to unionize Burgerville Store #41.

April 18, 2018:

“Industrial Workers of the World d/b/a Burgerville Workers Union” filed with the NLRB seeking to represent Burgerville employees at Burgerville Store #8, located at 19119 SE McLoughlin Blvd., Portland, OR, 97267.

April 22-23, 2018:

 The NLRB election was held at Burgerville Store #41, where workers voted in favor of forming a union. After the vote, Beth Brewer, Senior VP of Operations for Burgerville said, “Our employees have spoken, we hear them, and we support their decision. We will navigate this new working relationship together in a positive, productive way and bargain in good faith with the union at Burgerville Store #41. We are proud of our relationship with our coworkers, and we will continue to provide a fair, positive work environment for all. Burgerville has always been a leader in the fast-food industry, being the first regional chain to offer cage-free eggs, 100 percent antibiotic-free and hormone-free proteins, and off-set 100 percent of our energy use with renewable wind credits, while also supporting 989 Northwest family farms and ranches. With the same pioneering spirit that Burgerville is known for, we are ready to support the nation’s first unionized fast-food store.”

April 25, 2018:

Burgerville reached out to IWW, Portland Chapter to begin negotiations

April 26, 2018:

Burgerville waived NLRB hearing and moved to a stipulated election agreement for a free and fair vote at Burgerville Store #8 on May 12 and May 13, 2018.

May 13, 2018:

The NLRB election was held at Burgerville Store #8, where workers voted in favor of forming a union.

October 23, 2018:

Six-month anniversary of store #41 workers voting to form a union. Read about the progress since then here.

December 11, 2018:

Election results at store #32 located at 1122 SE Hawthorne Blvd. in Portland show the employees voting 13-9 in favor of a union.

April 3, 2019:

Election results at store # 4 located at 8218 NE Glisan St. in Portland show the employees voting in favor of a union.

April 5, 2019:

Election results at store #14 located at 1135 NE Martin Luther King Jr. Blvd show the employees voting in favor of a union.

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