Antitrust Law Daily Wrap Up, FRANCHISING & DISTRIBUTION NEWS: McDonald’s, franchisees named in 13 NLRB complaints across U.S., (Dec 19, 2014)

By Greg Hammond, J.D.

The National Labor Relations Board (NLRB) Office of the General Counsel has issued 13 complaints, involving 78 charges, against McDonald’s USA, LLC and certain franchisees, as joint employers. The complaints assert that McDonald’s and various franchisees violated employees’ rights by taking actions and making statements against employees for engaging in activities regarding the improvement of wages and working conditions, such as participating in fast food worker protests. The 13 complaints have been issued in Atlanta, Chicago, Detroit, Indianapolis, Kansas City, Los Angeles, Manhattan, Minneapolis, New Orleans, Philadelphia, Phoenix, San Francisco, and St. Louis, the National Labor Relations Board announced today.

As of November 2012, 291 charges have been filed against McDonald’s and McDonald’s franchisees. Of the 291 charges, 11 cases have been resolved and 71 cases remain under investigation.

Specifically, McDonald’s and certain franchisees have been accused of engaging in unlawful conduct in response to union and protected concerted activity, including: discriminatory discipline; discharges; overbroad restrictions on communicating with union representative and other employees regarding unions and the employees’ terms and conditions of employment; promises of benefit; reductions in hours; surveillance; threats; and other coercive conduct.

Initial litigation will begin March 30, 2015. However, in the interest of conserving resources and to avoid unnecessary delay, the NLRB has scheduled consolidated hearing in the Northeast, Midwest, and West to address violations that require immediate remedial relief.

A list of the National Labor Relations Board’s cases against McDonald’s and its franchisees may be found here.

Companies: McDonald’s USA, LLC

News: FranchisingDistribution