Burger King Caves in to Union Pressure Tactics

By Michael C. Saqui and Anthony P. Raimondo

The Coalition of Immokalee Workers (CIW) and Burger King Corp. announced plans to work together to improve wages and working conditions for the farm workers who harvest tomatoes for the Burger King system in Florida, resolving an ongoing labor dispute marked by pressure tactics including protests at Burger King franchises and calls for boycotts.

BKC has agreed to pay an additional net penny per pound for Florida tomatoes to increase wages for the Florida farm workers who harvest tomatoes. To encourage grower participation in this increased wage program, BKC will also fund incremental payroll taxes and administrative costs incurred by the growers as a result of their farm workers' increased wages, or a total of 1.5 cents per pound of tomatoes.

BKC also joins other fast-food industry leaders and the CIW in calling for an industry-wide net penny per pound surcharge to increase wages for Florida tomato harvesters.

Together, BKC and the CIW have also established zero tolerance guidelines for certain unlawful activities that require immediate termination of any grower from the Burger King supply chain. The BKC/CIW collaboration additionally provides for farm worker participation in the monitoring of growers' compliance with the company's vendor code of conduct.

John Chidsey, chief executive officer of Burger King Corp., said, "We are pleased to now be working together with the CIW to further the common goal of improving Florida tomato farm workers' wages, working conditions and lives. The CIW has been at the forefront of efforts to improve farm labor conditions, exposing abuses and driving socially responsible purchasing and work practices in the Florida tomato fields. We apologize for any negative statements about the CIW or its motives previously attributed to BKC or its employees and now realize that those statements were wrong. Today we turn a new page in our relationship and begin a new chapter of real progress for Florida farm workers.”

"For more than 50 years, BKC has been a proud purchaser and supporter of the Florida tomato industry. However, if the Florida tomato industry is to be sustainable long-term, it must become more socially responsible. We, along with other industry leaders, recognize that the Florida tomato harvesters are in need of better wages, working conditions and respect for the hard work they do. And we look forward to working with the CIW in the pursuit of these necessary improvements. We also encourage other purchasers and growers of Florida tomatoes to engage in dialogue with the CIW in support of driving industry-wide socially responsible change."

Lucas Benitez of the CIW added, "The events of the past months have been trying. But we are prepared to move forward, together now with Burger King, toward a future of full respect for the human rights of workers in the Florida tomato fields. Today we are one step closer to building a world where we, as farm workers, can enjoy a fair wage and humane working conditions in exchange for the hard and essential work we do every day. We are not there yet, but we are getting there, and this agreement should send a strong message to the rest of the restaurant and supermarket industry: Now is the time to join Yum! Brands, McDonalds, and Burger King in righting the wrongs that have been allowed to linger in Florida’s fields for far too long."

U.S. Senator Richard Durbin (IL-D): “I applaud Burger King for announcing today that it will be providing an extra penny per pound to the tomato pickers of Immokalee, Florida and establishing a zero-tolerance policy for worker abuses in the region. Today's announcement is a major step forward in improving the wages and working conditions of the Immokalee workers. I call on other purchasers of the region's tomatoes and the Florida Tomato Growers Exchange to join Burger King and do the right thing for these workers.”

U.S. Senator Bernie Sanders (VT-I): “I have been to Immokalee and seen first-hand the conditions for farm workers there, perhaps the most exploited workers in America. I am very pleased that Burger King has agreed to help the tomato pickers who have worked for too long for too little. I know that this has been a long and hard road for Burger King, and I believe the American people will appreciate what they are doing. I hope now that other corporations will join Burger King, McDonalds and Yum Brands in doing the right thing.”

The CIW has ended its campaign against BKC and its franchisees and will work with the company to further foster improvements and sustainable changes throughout the Florida tomato industry. The CIW and BKC will also work together toward development of an industry-wide vendor code of conduct and increased worker wages through encouragement of full buyer and grower participation.

CIW started in 1993 when a worker in the fields of Immokalee, Florida was beaten because he asked for a drink of water. When the other workers saw his bloody shirt they all walked off the field and refused to go back to work. They began organizing meeting weekly in a room borrowed from a local church. Immokalee is a small town of great diversity with a population made of up about 50% Mexican, 30% Guatemalan, 10% Haitian and other nationalities (mostly African-American) 10%. When they received the Robert Kennedy Memorial Award that is given to an individual, CIW insisted on it being given to three of the workers saying we are a group made up of leaders.

In the statement announcing the agreement, the Coalition’s Lucas Benitez said: “This is no time for complacency. Conditions in the field are still appalling. And now that the deal with Burger King has been signed, it’s a moment to leverage that agreement to go after WalMart, Whole Foods and the other big supermarket chains. If McDonalds and Burger King can agree to take care of farm workers, there is no reason other companies shouldn’t spend a few extra pennies for their tomatoes…Today we are one step closer to building a world where we, as farmworkers, can enjoy a fair wage and humane working conditions in exchange for the hard and essential work we do everyday. We are not there yet, but we are getting there, and this agreement should send a strong message to the rest of the restaurant and supermarket industry: Now is the time to join Yum! Brands, McDonalds and Burger King in righting the wrongs that have been allowed to linger in Florida’s fields for far too long.”

COUNSEL TO MANAGEMENT:

Increasingly, unions are using pressure tactics and boycotts to pressure purchasers of agricultural products to bring growers to the bargaining table. In Florida, there is no law governing union organizing or union elections in agriculture, and the CIW was still able to force Burger King to give into its demands. Employers must be increasingly proactive in labor relations to make sure that they are not behind the eight ball in a corporate campaign. Comprehensive planning and monitoring of labor relations and workplace issues remains the number one tool to protecting a business from becoming a target.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.