Across the country, the quick-serve industry is facing an unprecedented surge in union organizing activities. While unions are on the march in several industries, organized labor poses a series of unique challenges—and threats—to quick-service restaurant operations. The successful quick serve business model demands operational flexibility and innovation—two areas stifled by a unionized work force. As such, quick server owners and operators need to understand how to identify organizing campaigns before they begin and, in turn, how to create cultures resilient to union agitation and organizing efforts.

Signs of Organizing

Sometimes, the signs of union organizing are obvious: employees begin wearing union shirts or buttons, and pro-union flyers are discovered in the workplace. Such obvious markers are rare, as most organizing campaigns try to fly under the proverbial radar for as long as possible. Instead, employers should focus on the following signs that employees may be trying to organize a union:

• New employee leadership emerges, or certain employees become more vocal.
• The content and frequency of employee complaints change, and such complaints use new “union-centric” terminology such as “protected activity,” “unfair labor practices,” and “seniority.”
• Complaints are made by a delegation, not single employees.
• Strangers appear and linger upon the premises or in work areas. Quick-service restaurant employers operating in a food court, rest station or other multi-restaurant venues often face a unique “cross contamination” challenge from adjacent unionized work forces. For example, unions will often dispatch organized employees to agitate at or outside non-union businesses which happen to share the same space.
• Employees’ social media feeds begin to feature posts about union settlements or activity in other quick-service or related industries.

Recognizing these organizing indicators is critical—especially considering that at the end of 2023, the National Labor Relations Board reinstated its infamous “quickie” election rules. The purpose of these new rules is, according to Board General Counsel Jennifer Abruzzo, to “meaningfully reduce the time from petition filing to election.” Even prior to the re-instatement of the quickie election rules, a union could spend months preparing an organizing campaign before formally filing its petition. By reinstating the quickie election rules, Abruzzo has decimated what little time employers’ had to prepare for and respond to, a carefully planned union organizing campaign. As such, quick-service restaurant employers need to be extra vigilant to blunt the impact of the Board’s “quickie” election scheme.

Creating a Union-Resistant Workforce

The first step in creating a union-resistant workforce is understanding why some employees are receptive to the union message—and why some are not. Perhaps the most common misconception about labor organizing is that the entire process is driven by economic concerns, such as the “Fight for Fifteen” movement. While the unions themselves are indeed motivated by money—more union members mean more union dues which, in turn, means higher salaries for union officers—employees are generally only open to these economic appeals if they believe their employers are failing in other key, non-economic areas: communication, fair treatment, opportunity and, above all else, respect. Employers who convince themselves that simply increasing wages inoculates their workforce from labor organizers are inadvertently creating fertile ground for unionization.

So, why do some employees—especially those in the quick serve and hospitality industries—pursue unionization? The answer is deceptively simple: such employees feel powerless and/or disrespected. In the post-COVID restaurant world, employees have higher expectations for recognition from, and engagement with, management.

While identifying these root causes can help quick-service restaurant employers understand why employees seek to organize, fixing a workplace where employees are feeling disrespected or marginalized can be challenging. Steps employers can take to thwart union organization include:

• Provide a consistent stream of communication through a variety of mediums and methods.
• Seek, and where appropriate, implement meaningful employee feedback.
• Maintain a genuine open-door policy.
• Address internal complaints quickly and transparently.
• Provide clear pathways to career advancement, increased earnings, and more responsibilities.

Nothing drives employees into Big Labor’s arms faster than poor communication, inconsistent policies and procedures, favoritism, and lack of opportunity. As such, quick-service restaurant employers should resist the temptation to focus solely on economic issues, and look at the deeper, systemic factors that spark union organizing campaigns. Indeed, not only does a strong culture help prevent the union from gaining initial traction but it also creates the foundation needed to execute a successful anti-union organizing drive.

A Commitment to Culture

While there is no way to guarantee a union-free workplace, employers must demonstrate to their employees that, ultimately, a union is not necessary. As noted above, economic advancement and opportunity is an important piece of the anti-union puzzle. However, employers who commit to a culture of transparency, fairness and respect will have far more success than companies that merely chase the Union’s financial red herring. As the number of quick-serves targeted by organized labor continues to grow, now is the time for employers to focus on why unions are currently having success, and what steps must be taken to build a union-resilient culture.

Ryan A. O’Donnell leads the Hospitality practice at the law firm Pullman & Comley with offices in CT, NY, MA and RI, and serves as Market Hospitality Group’s chief legal officer. He is also counsel to the Connecticut Restaurant Association, the Connecticut Lodging Association and represents a wide range of hospitality industry employers.