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Jimmy John's election results set aside as employer settles charges

A settlement agreement approved today by the NLRB sets aside a union’s election loss at Jimmy John's, a chain of fast food restaurants in Minneapolis, and allows for a new election if the union chooses to pursue one. 

The Industrial Workers of the World had sought to represent workers at ten Jimmy John's restaurants, but lost an October 22 election by two votes, 87-to-85. The union filed charges alleging the employer engaged in unfair labor practices leading up to the vote. Following an investigation, NLRB Regional Director Marlin Osthus notified the employer that he found sufficient evidence to issue a complaint, absent a settlement. 

In the informal settlement signed today, the employer agreed not to discipline or threaten employees because of their union activities, and not to withhold raises because of an ongoing union campaign, among other things. The agreement will be posted in work areas and be read to employees either by the company president or by an NLRB employee in the presence of the company president. 

In addition, the union agreed to withdraw its original election petition. If the union wishes to pursue another election in the next 18 months, the employer agrees that it will be conducted within 30 days of filing a new petition. 

The National Labor Relations Board is an independent federal agency vested with the authority to safeguard employees’ rights to organize and to determine whether to have a union as their collective bargaining representative, and to prevent and remedy unfair labor practices committed by private sector employers and unions.

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