A Union Victory

About a year ago I wrote two posts on Richtree Market, the union-busting Toronto eatery that got the clever idea of terminating all of its unionized employees, shutting down its restaurant, located in the Eaton Centre, only to reopen later a few doors down (about 50 metres) from its original spot, much larger and still within the Eaton Centre. It rehired none of the former staff but instead offered lower-paying jobs to non-union members.

Happily, this story of corporate craftiness has a happy ending and once more reminds us of the importance and relevance of unions in fighting for and defending workers' rights.

Brought before the Ontario Labour Relations Board by the union representing the workers, the

dispute between Richtree Markets and Unite Here Local 75 hinged on the exact street address of the Eaton Centre, with the restaurant arguing the union’s collective bargaining rights didn’t apply to the new site.

Thinking they were clever, Richtree argued

that the street address on the union’s collective agreement, 220 Yonge St., did not apply to the new location, given the address of 14 Queen St. W. — which was not a physical entrance to the mall.

The restaurant's sophistry was readily apparent to the Board:

In January, labour board chair Bernard Fishbein ruled the union’s bargaining rights “should not be extinguished by a move of some 50 metres across the corridor of the mall,” especially to an address “that presently has no real existence other than on a piece of paper.”

“There is no doubt that the official municipal address of the Eaton Centre has not changed (and obviously not moved),” Fishbein wrote in the board’s decision.

Subsequently, about 140 non-unionized workers at Richtree’s Eaton Centre location ratified a new collective agreement last week.

Under the new collective agreement, the 50 employees of the old location will have the opportunity to resume working at the restaurant with their seniority intact.

A victory that is sweet to savor, and one that once more reminds us that workers' rights need to be zealously guarded and never taken for granted.

Another Union-Busting Eatery I Will Not Patronize

Several days ago I commented on a story from The Star about the unsavory labour practices of Richtree Market, a Toronto restaurant that 'closed' its business, terminated all of its unionized staff, only to reopen this coming Monday a few doors down from its prior location. None of the old staff was rehired, and all who currently staff the 'new' operation are non-union, a clear violation of Ontario labour law.

In this morning's edition, The Toronto Star reports that the same tactic has been used by the Lai Wah Heen restaurant, housed within the exclusive Metropolitan Hotel in Toronto:

For 17 years, Ricky Chu served the lauded dim sum at Lai Wah Heen restaurant with a smile. The unionized job at the Metropolitan Hotel eatery fed his kids, after all.

When a new owner took over the hotel in January, the high-end restaurant was shut down. Chu lost his job. But he considered it salt in the wound when Lai Wah Heen reopened in March — without him or ten other servers who were laid off. In their place was a non-unionized staff.

The Metropolitan Hotel changed hands this year, being purchased by Bayview Hospitality Group. This fact, according to its president, Al Gulamani, gives it every legal right to treat over 100 of the hotel's former workers like disposable commodities.

Unite Here Local 75, the union representing them, disagrees, arguing that the owner has violated labour law and their collective bargaining agreement by shutting down certain departments only to subcontract them out.

Employment lawyer Howard Levitt says new ownership can’t break a union agreement, especially if the nature of the business hasn’t changed.

“It doesn’t matter if the ownership changes, there’s something called successor rights in the Labour Relations Act. Employers who think that just by changing ownership they can escape the union are unfortunately deluded.”

Meanwhile, employees in other departments of the Metropolitan live in daily fear that they will be next. One of those is Rahman Aliheidari, 49, pictured above, who fears the room service department at the Metropolitan Hotel, where he works, will next:

“I have a 4-year-old daughter. When I work, I have fear. When I sleep, I have fear. You call this a stable job?”

Indeed.

A Restaurant To Avoid: Richtree Produces Bitter Fruit*

Were I a Toronto resident, Richtree Market, a restaurant located in the Eaton Centre, is a business I would refuse to patronize. Its union-busting tactics should appall anyone who cares in the least about workers' rights.

As reported in The Toronto Star, Richtree Market began its dark anti-union journey in January, when it terminated all of its employees and closed the business. For Nazrul Islam, their chef for 25 years, it was a devastating blow:

“It was my first job in Canada and it had good benefits,” said the 57-year-old man who came from Bangladesh. “I was king of the kitchen.”

However, Islam's shock was compounded upon discovering Richtree is reopening at the Eaton Centre on Sept. 9, metres away from its previous spot, without him or any of the other 49 workers who were laid off.

According to the union representing the employees, Unite Here 75, this is a major violation of Canadian labour law.

“They are opening at the same location, same concept, same company, same owner, but we don’t get our jobs back,” said Islam, who’s had no luck finding a new job. “I have five family members to feed. How can we survive? I cannot afford next month’s rent.”

Richtree, for its part, claims that it has done nothing wrong:

“In January, Richtree was no longer in operation and successfully completed the process of collective bargaining with Local 75,” said a company representative, who agreed to read a statement but not be named. “The severance packages were greater than the minimum and each associate accepted those packages. Each and every one of them.”

The problem with the severance packages is that the employees had no knowledge that the restaurant was planning to reopen later in the year. They were, in fact, lied to:

It’s legal to shut down a business to avoid unionization, said labour lawyer Sunira Chaudhri but only if the closure is genuine and final.

“What’s illegal is superficially shutting down and severing ties (to the union), just to do business next door,” said Chaudhri. “Clearly that’s what Richtree seems to be doing, which likely wouldn’t be in line with the current labour law landscape.”

Boycotting this upscale eatery may not get Narzul Islam or the 49 other workers their jobs back, but it will send a strong message that Canadians of conscience reject such reprehensible behaviour and will do nothing to reward it.

P.S. I notice that Richtree's website states, It's always good to hear from you. If you are so inclined, you can send your thoughts on their practices by clicking here.

* Many thanks to LeDaro for his excellent suggestion of an amended title to this post.