‘Union Busting 101'Ĭhipotle blamed worker shortages for closing the store, saying the union activity was not a factor. “Sometimes I get the impression that it’s less of a science and more of an art when the board is trying to find motivation for an activity,” said Ginger Schroder of Schroder Joseph & Associates LLP. For closures, the board considers evidence like the timing of the shutdown and how that connects to union activity, the behavior of management, and business decisions that the company has made at other, comparable locations, they said.Īnti-union animus doesn’t have to be the sole reason for closing a location in order to violate labor law, but rather one of multiple motivating factors. But if you do it because of anti-union animus, then it’s an unfair labor practice.”īecause there’s rarely direct, smoking-gun proof that an employer acted out of hostility toward unions, the NLRB often looks to circumstantial evidence, labor law observers said. “You can shut down a store or a plant if you have legitimate economic reasons, just like you can fire a worker for legitimate reasons. “Closures are kind of like firings,” said Matthew Bodie, a law professor at the University of Minnesota and former NLRB lawyer. Chipotle United also filed a separate NLRB charge claiming the company fired two workers because of their union activities. The NLRB reviews allegations of anti-union retaliation of all types by examining whether employers were motivated by hostility toward unions. Investigators from the NLRB’s Boston region will gather evidence about the closure, and the regional director will issue a complaint against the company if she finds merit to the union’s charge. But employers violate labor law by shutting down part of their operations to chill union activity, the court said. also has been accused of closing locations in response to union activity.Įmployers have the power to close their entire business for any reason, the US Supreme Court ruled in 1965 in United Textile Workers v. The NLRB’s handling of allegedly illegal store closings appears likely to take on added importance as the ongoing unionizing wave extends to retail and service-based companies with many small locations. The group filed its representation petition with the NLRB on June 22.
The decision to shut down the store, which had been closed to the public since June 17, was based on not being able to properly staff it, the company said.Ĭhipotle United, made up of employees at the store who are trying to unionize, filed a charge with the National Labor Relations Board last week alleging the company retaliated against the workers for their organizing efforts by closing the store. will face federal labor board prosecution if agency lawyers find anti-union hostility behind its decision to shut down a store that was home to the burrito chain’s first workers to file for union recognition.Ĭhipotle, which owns and operates about 3,000 locations nationwide, flatly denied that the union drive had anything to do with permanently shuttering the restaurant in Augusta, Maine. Tax is not included.Chipotle Mexican Grill Inc. Prices and items may vary on location and substitutions made. If you’ve got a big appetite for meat, Arby’s has you covered. For your convenience, some locations also offer online ordering and delivery. Choose chocolate milk for the kids, Powerade, Coca-Cola, bottled water and more.įind an Arby’s near you for fast and easy dining through our drive-thru or carry out at the counter. And no Arby’s experience is complete without a refreshing beverage to top it off.
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