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USA: In gain for fast food workers' rights, labour board rules against Burger King franchise for retaliation against striking workers

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Article
1 March 2016

Some Good News in the Fight for 15

Author: Michelle Chen, The Nation (USA)

While Fight for 15 protests rumble across the country, chasing the primary races, the country’s top labor board has just delivered a preliminary victory on the path to $15 and a union for fast food workers... Since late 2012, the national campaign...has been launching periodic work stoppages and coordinating civil disobedience actions, snowballing into a global movement for low-wage workers demanding a living wage and union rights. Though the protests have generally been tolerated by individual employers (while the fast-food industry has emphatically resisted policy measures to improve wages and working conditions), there have been some instances when workers were punished for their activism... 

According to University of California-Irvine law professor Catherine Fisk, who has been tracking the Fight for 15 movement:

The case is important in that it rejects the employer’s argument that the one day strike is unprotected under the NLRA. The NLRA specifically protects the right to strike, and specifies no limit on when or for how long employees can strike.

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Article
10 February 2016

Burger King Illegally Disciplined Striking Workers, NLRB Says

Author: Matthew Bultman, Law360 (USA)

Burger King Corp. franchisee in Missouri unlawfully retaliated against several workers who participated in a strike last April, a National Labor Relations Board judge ruled Tuesday...

Administrative Law Judge Christine E. Dibble also ruled the franchisee, whose legal name is EYM King of Missouri LLC, violated the National Labor Relations Act when it refused to hire a man who had strong ties to a local outpost of the Workers’ Organizing Committee.

She gave EYM two weeks to offer the man, Terrence Wise, a job at one of its Kansas City locations and told the company to make him “whole for any loss of earnings and other benefits.”... Judge Dibble...called Wise’s union participation the “epitome of protected” activity...

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