Last year, at age 17, Eli Fishel moved out of her parentsâ house in Vancouver, Washington, squeezing into a three-bedroom apartment with five other roommates. To pay her bills as she finished high school, Fishel landed a job at Burgerville, a fast-food chain with 42 outlets and more than 1,500 employees in the Pacific Northwest.
Founded in 1961, Burgerville has cultivated a loyal following by emphasizingÂ fresh, local food, combined with sustainable business practices like renewable energy and recycling. But Fishel quickly realized she wasnât part of Burgervilleâs commitment to âregional vitalityâ and âfuture generations.â
After 16 months on the job, she earns just $9.85 an hour, barely above the Washington State minimum wage. Her hours and shifts fluctuate weekly, with only a few daysâ notice, and every month she goes hungry because she runs out of money to buy food.
Speaking of the privately-owned Burgerville, Fishel says, âWeâre poor because theyâre rich, and theyâre rich because weâre poor.â
Disgruntled Burgerville workers began covertly organizing in 2015. The Burgerville Workers Union (BVWU) went public on April 26 with a march of more than 100 people through Portland, Oregon, and the delivery of a letter to the corporate headquarters in Vancouver. BVWU demands include a $5-an-hour raise for all hourly workers, recognition of a workers organization, affordable, quality healthcare, a safe and healthy workplace, and fair and consistent scheduling with ample notice.
Some BVWU members call their effort âFight for $15, 2.0,â playing off the name of the fast-food worker campaign launched in 2011 by the Service Employees International Union (SEIU).
SEIU has won plaudits for making the plight of low-wage workers a national issue and igniting the movement for new laws boosting the minimum wage to $15 an hour. But the campaign has not, thus far, included efforts to unionize individual workplaces.
Unlike Fight for $15, which Middlebury College sociology professor and labor expert Jamie McCallum describes as âa fairly top-down campaign,â BVWU is a worker-initiated and -led project backed by numerous labor organizations. The group of Burgerville workers who came up with the idea includes members of Industrial Workers of the World (IWW), a militant union with West Coast roots that date back to the early 1900s. The campaign has the backing of the Portland chapter of IWW and the support SEIU Local 49, the Portland Association of Teachers, and Jobs with Justice.
This scrappy approach enabled BVWU to leapfrog Fight for $15 by declaring a union from the start. While BVWU has not yet formally petitioned for recognition and Burgerville has not chosen to voluntarily negotiate with it, the union has established worker committees in five stores, is developing units in a similar number of shops and counts scores of workers as members.
BVWU is full of lessons in how organizing works. One member likens the campaign to âlow-level guerrilla warfareâ with workers maneuvering to increase their ranks, build power on the shop floor, expand the terrain from shop to shop, while skirmishing with managers over the work process, and suffering casualties as some members have quit or say they were pushed out of their jobs at Burgerville. In the workplace, the strategy is to develop leaders, form committees for each store, and nurture trust and respect between workers. Outside, BVWU uses direct action to empower workers and bring suppliers into the conversation. The union also works to build community support by mobilizing social-justice groups, clergy, and organized labor to win over the public and pressure the company.
McCallum says that BVWU an example of social movement unionism. âItâs about organizing as a class against another class,â he says. âItâs to win demands not just against a single boss or to change a law, but to engage in class struggle.â
Beyond the Fight for $15
McCallum also sees the campaign as an attempt to build on Fight for $15. âFor the first time since the Justice for Janitors campaign began 30 years ago, we have low-wage workers who are people of color working with traditional unions to change politics,â he says. âIf the IWW is interested in pushing that agenda forward to make it more democratic and radical, thatâs awesome.â
Fight for $15 is âone of the most successful and inspiring labor victories in the last 20 years,â says McCallum. âTheyâve accomplished things, like doubling the minimum wage, thought impossible three years ago. They managed to raise the profile of low-wage workers in a failing economy.â He acknowledges, however, that Fight for $15 is âlargely political organizing.â
âIt doesnât require a mass base. It requires mobilized workers with incredibly talented organizers to move sympathetic politicians in a defined geographic area,â McCallum says.
To that end, Fight for $15 devotes considerable money and effort to media. A Fight for $15 strategy document called âStrike in a Boxâ lists these criteria for a âgood [organizing] site to focus onâ: âIs it an iconic brand? Does the brand help tell a story, locally and/or nationally? Do we have spokespeople? Trained? Reliable? Experienced? Do we have stories? Compelling worker stories, Horror stories about site practices (wage theft, sexual harassment, etc).â
By contrast, Burgerville worker Flanagan says BVWU uses media primarily as a tool to foster the growth of the union along with worker solidarity and consciousness. She says media helps âconnect the dots between our personal struggles and collective struggle.â She adds that explaining what unions do and how they organize helps to educate âmy generation, which has very little understanding of unions.â
Indeed, although the Fight for $15 demands â$15 and a union,â SEIU has made a strategic decision not to attempt to organize the nationâs tens of thousands of fast-food restaurants shop by shop. “The NLRB has old rules for small shops,” Kendall Fells, Fight for $15’s organizing director, told Working in These Times in May. “This movement is too large to be put in that process.”
Adriana Alvarez, a Chicago McDonaldâs worker, says that while Fight for $15 may not be a formal union, âWeâre acting like a union, not waiting for anyone to tell us we can have one.â
âTo me a union is workers joining together to accomplish things we wouldnât be able to achieve on our own,â Alvarez says. âAnd thatâs exactly what weâve been doingâcoming together and winning life-changing raises for 20 million Americans, including more than 10 million who are on the way to $15.Â By standing together, weâve gone from powerless to having powerful voices in our stores.â
If SEIU can prove that McDonaldâs calls the shots in its franchises, it could also push open the door to unionizing the whole company at once instead of the Sisyphean task of one franchise at a time. Deploying organizers, researchers and lawyers, SEIU has gathered evidence for 181 casesÂ alleging that McDonaldâsÂ controlsÂ its franchiseesâ employment practices and therefore should be held accountable forÂ unfair labor practices in franchisees, including retaliation against workers who supported unionization. In 2014, the NLRB issued a preliminary finding in favor of SEIUâs case and, then the next year in a separate case involving Browning Ferris Industries of California the labor board revised the definition of joint employer to âconsider whether an employer has exercised control over terms and conditions of employment through an intermediary.â Years later, the McDonaldâs case is still grinding its way through a judicial process, with a multi-city case being argued before an administrative law judge that was kicked back to the NLRB on October 12. If the board finds or any of the court cases, which includes multiple class-action suits SEIU has backed against McDonaldâs for wage theft, determine that McDonaldâs is a joint employer with its franchisees, that may finally open the door to a company-wide union drive.
âIt’s a huge amount of workâ
The Burgerville campaignâs strategy of painstakingly organizing shop by shop emphasizes âbuilding worker power,â which is both âa means and a goal,â says Flanagan.
For BVWU, the initial organizing drive was relatively easy, with workers chafing at difficult working conditions and poverty-level wages.
Debby Olson, 49, a military veteran, has worked at Burgerville since her home-cleaning business tanked during the Great Recession. She says the âpeople are nice, but the pay is horrible.â After six years, she makes $10.75 an hour.
Olson, says the job is âharder than my house-cleaning business. You are literally moving all day. For hours you donât get to breathe. When I get home, Iâm mentally and physically exhausted.â
Five other Burgerville workers also described the pace as non-stop. Olson reduced her full-time schedule to three days a week because, as she says, âI could barely walk when I got off work and my quality of life was really poor. Itâs scary that my feet were getting so damaged that it could affect my ability to get another job or enjoy my later years.â
Burgervilleâs lure is gourmet-style food, sourced locally from â988 farms, ranches, and artisans,â which requires labor-intensive preparation. Luis Brennan, 27, a two-year Burgerville employee, says, âThe job is really hard. We actually cook the food. We core strawberries, we hand-blend milkshakes. We cook the meat and eggs fresh, we cut the onion rings and batter them twice. Itâs a huge amount of work.â
The Burgerville campaign builds on the IWWâs experience over the last decade in fast-food organizing at Jimmy Johnâs and Starbucks. Picking a regional chain works to the benefit of the union as it can exert more pressure because Burgerville doesnât have the might of a global food giant and its carefully crafted image is ripe for attack.
The public may eat up buzzwords like local, fresh and sustainable, but Burgervilleâs rhetoric sticks in workersâ throats. Fishel says that despite a 70 percent discount for food on shift, she still sometimes canât afford it.
âIf your workers are going without food, how can you say you are a better, more sustainable option for your community?â she asks.
âThis is my communityâ
Building a workplace organization has been a transformative experience for workers. Fishel says, âBeing in the union has been very uplifting, inspiring, and super-positive to come together with so many people. We deserve a living wage, to be treated with respect and to have more than what we have right now.â
Claire Flanagan, 26, whoâs worked at the chain since June 2015, says, âThe union has changed peopleâs relationship with the job and work. Itâs gone from being a place I go to work to pay my bills to feeling invested in our coworkers and the job in a much deeper way. This is my community.â
Burgerville is hardly rolling over, however. Flanagan says, âThe company has dug in their heels and refuses whatever we ask for.â She alleges in her store, âManagers spread anti-union rumors and encourage workers to talk shit about the union as a way to gain favoritism. The company is engaged in a misinformation campaign and spreading fear.â
But BVWU members keep the heat on whether by wearing a union button on the job or tussling over floor mats. Members are demanding mats to ease the stress of standing for hours. Management relented in a few stores, but the mats have emerged as a proxy war. Flanagan says despite having mats, managers will put them away and she will bring them back out.
Jordan Vaandering, 26, says of workers at his outlet, where heâs been for a year, âWe own the culture whereas before it was management pushing people to meet speed of service times, meet sales goals.â
Building worker power
BVWUâs strategy is known as âminority unionismâ because BVWU may not have a majority in each shop willing to declare support for a union. This sort of organizing circumvents a federal labor-law process that makes union elections difficult, time-consuming and expensive. But BVWU utilizes the NLRB process when it is to its advantage, such as by filing unfair labor practice charges that allege Burgerville is illegally retaliating against the union and workers.
Burgerville worker Brennan says BVWU relies on the IWW model: âIt teaches, âYouâre a worker who hates your job, hereâs how to build a committee.â â Each organized store began with a committee and grew from there.
One useful question, says Brennan, is asking workers, âWhat could you do with $5 an hour more?â He says talking to coworkers about âwhat they need changed and why they need it changed helps to break down the walls of silence around hard stuff in our lives.â
Brennan explains, âBuilding relationships in the workplace is not natural, but itâs deeply human. The workplace is full of power relationships and incredibly constrained by the boss, by pay, by gender, by race, by language. You need to get to know someone to know whether or not they will fight and why theyâll fight.â
These relationships come into play when management goes after workers. One notable case involves Ivy Fleak, a member whom BVWU claims was targeted by management âfor standing up on the job and standing up against sexual harassment.â Flanagan says, âThey took Ivy off the schedule for two weeks. We organized actions and a vigil. She spoke out publicly and won, receiving back pay for when she was off-schedule.â
Flanagan says, âPeople related to Ivyâs story,â which boosted support for the union. âAt another job they saw someone being targeted or fired for standing up, or that happened to them. Being part of the union means when Iâm at work, I know people have my back.â
BVWU claims Fleak was later forced to quit under pressure after the company allegedly threatened to file spurious criminal charges against her for gift-card theft. Burgerville declined to comment on her case, saying,âBurgerville is dedicated to continuously enhancing our relationship with our employees. We do not comment on individual employee matters or internal communications.â The company also opted not to comment on the BVWU campaign or on complaints about wages and working conditions.
In the case of another BVWU supporter fired over a workplace accident, the union organized a delegation of 50 people to the corporate headquarters asking for the workerâs job back and conducted a food drive for the worker. It publicized the firing to make the case that Burgerville pushes workersâpast their limitsâ and demanded a transparent disciplinary process. More than half the workers in that outlet also signed a petition asking for the worker to be rehired. The worker remains fired.
BVWU members view the firings as part of a wider anti-union campaign. The company has set up a website to âinformâ workers of their rights, but which discourages them from unionizing. Store managers have also been holding anti-union sessions with workers, where they play a video featuring Burgerville CEO Jeff Harvey. In the video, Harvey states, âI donât think a union is in the best interest of the company, our employees, our suppliers, or our guests.â He admits, âBurgerville understands employees face certain challenges like transportation, food, and housing to name just a few.â Harvey then claims, âWe have spent well over a year looking into the pressing issues that concern you [but] canât actâ as âunder current labor laws, we are obligated to maintain the status quo.â
Flanagan claims when Burgerville says it has to âmaintain the status quo,â what itâs really saying to workers is, âIf you didnât get a raise, blame the union.â On August 15, Burgerville Workers Union filed four charges of unfair labor practices with the NLRB, including one concerning the anti-union video. Labor law is fuzzy on the issue. Companies are prohibited from increasing benefits during a traditional union election campaign, but as a minority union, BVWU is acting outside of this framework as a minority union.
BVWU has also taken the offensive by hitting at the companyâs public image. The worker-organizers have kept up a brisk pace for five months, averaging an action a week such as vigils, marches, pickets and a bicycle ride. When BVWU members visited Liepold Farms near Portland, which supplies Burgerville with berries for its signature shakes, to ask for support, the farm owner was taken aback but accepted their letter. Shortly after BVWU was unveiled, dozens of workers, local labor leaders, activists, and clergy packed the corporate headquarters in support.
Knowing they have the backing of the community bolsters the confidence of workers on the shop floor. Flanagan says the current plan is to âbuild organizational capacity and infrastructure to pull off larger actions.â
Time may be on the side of BVWU. The more shops the union can organize, the more workers who join, and the more community support it builds, the likelier it is BVWU will force Burgerville to the bargaining table, with or without a majority union. Then the Burgerville Workers Union may be the one opening new outlets.
To find out more about the Burgerville Workers Union, go to burgervilleworkersunion.org.
This blog originally appeared at InTheseTimes.org on October 25, 2016. Reprinted with permission.
Arun Gupta is a graduate of the French Culinary Institute in New York and has written for dozens of publications including the Washington Post, the Nation, The Progressive, Telesur English, and the Guardian. He is the author of the upcoming Bacon as a Weapon of Mass Destruction: A Junk-Food-Loving Chefâs Inquiry into Taste (The New Press).