James Kennedy, who served burritos at Chipotle's in
Havertown, was fired last year after he tweeted about wages and circulated a
petition asking managers to allow workers to take their breaks.
Now the fast-food eatery has to offer to hire him back,
pay him back wages, and post signs that some of its employee communication
policies, including its former social guidelines, violated labor law.
Kennedy's case became part of a sweep of lawsuits before
the National Labor Relations Board as it sorted out what types of social media
communications were covered under federal labor laws protecting the rights of
workers acting together to improve wages and conditions.
On Monday, Administrative Law Judge Susan A. Flynn found
that Chipotle's social media policy violated the National Labor Relations Act.
Kennedy's reaction?
"If you want to tweet something about your personal
experience at your job, do it," he said Tuesday, cautioning against libel
and slander. "Tweet at your bosses and your bosses' bosses.
"A lot of times your bosses will sugarcoat what's
going on" to their bosses, Kennedy, said. "Doing it publicly really
puts the spotlight on them."
A Chipotle's spokesman and Kathleen J. Mowry, the
Colorado-based lawyer who handled the case for Chipotle's, could not
immediately be reached for comment.
A manager testified in the case that she fired Kennedy, a
three-time war vet, after a heated argument on the petition, saying she was
concerned that he would become violent. In her opinion, the judge dismissed
that concern.
It's been a tough year for Chipotle. Chipotle's stock
fell as profits dropped due to outbreaks of norovirus and E. coli that sickened
dozens in 2015. The U.S. Attorney's Office in California has broadened a
criminal investigation into company-wide food safety matters. And last
Wednesday, a Chipotle's near Boston was closed when an employee was diagnosed
with norovirus.
"I don't think our Chipotle's in Havertown ever
sickened anyone," Kennedy said.
These days, Kennedy, 38, of Upper Darby, works at
American Airlines in a unionized position as a fleet service agent, directing
airliners in and out of their berths at Philadelphia International Airport.
"Working with an actual union versus an at-will shop
like Chipotle's is like night and day," Kennedy said.
"The culture of fear at Chipotle is not to be found
at American Airlines," where, he said, grievances are handled immediately
and easily at the lowest levels.
In January 2015, after a customer tweeted out thanks for
a freebie at Chipotle's, Kennedy tweeted back, "@ChipotleTweets, nothing
is free, only cheap #labor. Crew members only make $8.50hr how much is that
steak bowl really?"
Kennedy's boss showed him a social media policy that
prohibited "disparaging, false . . . statements about . . .
Chipotle."
The boss asked Kennedy to remove the tweet, which he did.
Two weeks later, on Feb. 17, 2015, he was fired after he
circulated a petition about workers' inability to take their breaks.
Kennedy's case was taken up by the Pennsylvania Workers
Organizing Committee, involved with the group working to increase wages for
fast-food workers. It filed complaints on Kennedy's behalf, and the NLRB,
represented by David Rodriguez, agreed that Kennedy had been wronged. The case
then went to an administrative law judge.
The judge's decision requires Chipotle to pay Kennedy
lost wages and benefits. The wage payment won't amount to much, Kennedy said,
because he found the airport job in about a month.
But, he said, the new job doesn't include one benefit
offered to Chipotle workers: a daily free meal. He said his payment will have
to somehow incorporate that benefit.
If Chipotle complies with the court order, Kennedy said,
he'd be willing to accept his food benefit in meal vouchers from Chipotle's.
"You cannot deny that their food is delicious,"
he said, "but their labor policies were atrocious."
Source: Philly.com
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