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Chairman Scott: McDonald’s Decision Reflects Serious Issues at Trump NLRB

12.12.19

WASHINGTON – Chairman Bobby Scott (VA-03) issued the following statement after the National Labor Relations Board (NLRB) approved a settlement with McDonald’s and franchisees involving numerous unfair labor practices committed by its McDonald’s and its franchisees. The settlement was previously rejected by an administrative law judge, who found that the remedies were not reasonable compared the scope of the violations alleged.

“The NLRB’s decision to force a settlement with McDonald’s – despite the objections of the workers who allege McDonald’s violated their rights, the ruling of an administrative law judge, and concerns regarding ethical conflicts within the Board – reflect serious issues with the NLRB’s commitment to treating workers fairly.

“When workers are illegally fired or retaliated against for exercising their right to organize, the NLRB has an obligation to pursue their best interests and seek appropriate relief. The joint employer standard has always dictated that all parties involved in violating workers’ right to organize should be held jointly liable for the damages workers suffer.  Instead, the Republican-controlled Board is letting McDonald’s off the hook in an agreement that failed to hold them for accountable for their role in the violations committed by the company and its franchisees. 

 “For this reason, an independent judge found the settlement ‘not a reasonable resolution based on the nature and scope of the violations alleged and the settlements’ limited remedial impact.’ The Board is now overruling her, not because they found she abused her discretion, as the standard requires, but because the Board merely disagrees with the ruling.

“Regardless of the outcome, this 2-1 decision is tainted by the participation of Member William Emanuel, whose former law firm represented McDonald’s and its franchisees on the underlying matters in this case.  

“Today’s decision is a disservice to workers in this case and across the country. It sends a clear message to both workers and employers that the Trump NLRB is refusing to fully enforce America’s labor laws.”

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