Beginning in late November 2012, a nationwide fast food workers campaign commenced involving employees employed by McDonald’s, USA, LLC, and numerous McDonald’s franchises.
As of today, 310 unfair labor practice charges were filed in Regions 1, 2, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 20, 21, 25, 27, 28, and 31. Of those cases, 149 have been closed. 54 cases are currently pending investigation and 107 cases have been found to have merit. Of the meritorious cases, approximately 10 solely involve corporate-owned McDonald’s facilities.
Charges in which merit determinations have been made were filed in Regions 2, 4, 5, 6, 7, 10, 13, 14, 15, 18, 20, 21, 25, 28, and 31 and include allegations of discriminatory discipline, reductions in hours, discharges, and other coercive conduct directed at employees in response to union and protected concerted activities, including threats, surveillance, interrogations, promises of benefit, and overbroad restrictions on communicating with union representatives or with other employees about unions and the employees’ terms and conditions of employment.
Our investigation found that McDonald’s, USA, LLC, through its franchise relationship and its use of tools, resources and technology, engages in sufficient control over its franchisees' operations, beyond protection of the brand, to make it a putative joint employer with its franchisees, sharing liability for violations of our Act. This finding is further supported by McDonald's, USA, LLC’s nationwide response to franchise employee activities while participating in fast food worker protests to improve their wages and working conditions.
Representatives of the Office of the General Counsel have been engaged in efforts to settle the matter with the parties. To date, 22 cases have been resolved.
13 complaints involving 78 charges against McDonald’s USA, LLC, McDonald’s USA franchisees, and/or McDonald’s franchisees and their franchisor, McDonald’s USA, LLC as joint employers issued on December 19, 2014 in the following Regional offices.
- Region 2 - Manhattan
- Region 4 - Philadelphia
- Region 7 - Detroit
- Region 10 - Atlanta
- Region 13 - Chicago
- Region 14 – St. Louis
- Subregion 17 – Kansas City
- Region 15 – New Orleans
- Region 18 - Minneapolis
- Region 20 – San Francisco
- Region 25 - Indianapolis
- Region 28 - Phoenix
- Region 31 – Los Angeles
Another 6 complaints involving 23 charges issued in the following Regional offices on February 13, 2015.
- Region 6 – Pittsburgh
- Region 13 – Chicago
- Subregion 17 – Kansas City
- Region 15 – New Orleans
- Region 28 – Phoenix
- Region 31 – Los Angeles
In the interest of conserving public and private resources and to avoid unnecessary delay, the NLRB has scheduled consolidated hearings in three Regional locations in the Northeast, Midwest, and West to address violations that require remedial relief as soon as possible. Absent settlement, the initial litigation will commence on March 30, 2015, and will involve allegations of unlawful actions committed against employees at McDonald’s restaurants in the jurisdiction of six Regional Offices.
Specifically, the hearing will begin in Region 2 - Manhattan to address allegations in the complaints of Region 2 and Region 4, then will move to Region 13 – Chicago to address allegations in the complaints of Region 13 and Region 25, and will conclude in Region 31 – Los Angeles to address allegations in the complaints of Region 20 and 31. It is anticipated that hearings involving the allegations in the complaints issued by the other seven Regional offices will be scheduled after the initial litigation before an Administrative Law Judge, if those allegations cannot be resolved through settlement.
Click here to view a list of all cases involving McDonald's. Clicking through on case numbers will present all available documents for each case, including any issued complaints.