The Region issued its complaint on April 26, 2017, and an amended complaint on August 21, 2017. In assessing the Employer’s reason for termination, the Region reviewed at least 26,000 pages of documents and concluded that the discharges were retaliatory. The Employer turned over its findings to the Manhattan District Attorney’s office. Throughout the investigation, the Employer asserted that it discharged thirty of the thirty-one employees after it uncovered theft by reviewing its point-of-sale records. The charges alleged that Ellen’s Stardust Diner had surveilled employees while they were engaged in protected concerted activities, interrogated employees regarding their protected concerted or union activities, interfered with employee social media postings, disabled employee workplace messaging, maintained an overly-broad confidentiality provision, solicited employee signatures for a petition to remove Stardust Family United as a representative, and discharged thirty-one employees because of their protected concerted and union activities. The settlement agreement provides that backpay for all discharged employees will be adjudicated through a compliance hearing.Ī server and Stardust Family United, the union created by the servers, initially filed charges in September 2016. Thirteen employees have accepted offers of reinstatement. The restaurant agreed to offer reinstatement to all thirty-one discharged employees, expunge the employee records of the alleged unlawful discharges, and post and mail notices to current and former employees. “I’m looking forward to returning and making a positive impact inside the diner.Ellen’s Stardust Diner, home of the world-famous singing servers in Times Square, New York City, settled a number of unfair labor practice allegations in late September 2017, just a week before a hearing on the issues was scheduled to go forward. “I’m thrilled and proud to know our struggle and vigilance over the last year has paid off,” says returning employee Matthew Patterson. Despite this, Stardust Family United remained active, both inside and outside the restaurant. Another mass firing in January 2017 brought the total of terminated singers up to 31. Over the fall and winter, the workers continued to engage in direct workplace action to improve health and safety conditions, as well as pursue other demands. Weeks after making their efforts known to management, 16 active union members were fired. The union, which is a branch of the IWW (Industrial Workers of the World), initially went public in late summer of 2016. In addition, the restaurant is required to mail official notices to all employees, informing them that the company will not violate federal law by engaging in certain unlawful practices such as surveilling and threatening workers, interfering with their use of social media, and discouraging them from taking action to improve working conditions.įor the singing servers, this has been a long road. Of the terminated employees, 13 will immediately return to work at the popular Midtown diner. #Stardust diner full#Under the terms of the agreement, all 31 employees terminated over the last year in retaliation for union activity have been offered immediate and full reinstatement, and will receive back pay from the time they were fired. #Stardust diner trial#By entering into the settlement agreement, the company will narrowly avoid a trial on some 19 violations of the National Labor Relations Act, including 31 retaliatory firings. In a major victory for the singing servers at Ellen's Stardust Diner, their employer has reached an agreement with their solidarity union, Stardust Family United, and the National Labor Relations Board (NLRB). Breaking news Fired employees will sing again.
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