WHO DO YOU TRUST?
When casting your vote in the upcoming NLRB election, Via 313 team members are facing the question,
Who Do You Trust?
Via 313 employees MUST consider everything they've witnessed, everything they've heard, everything they've experienced.
Via 313 team members MUST appreciate what is
TRUE and FACTUAL and what is FALACY and DECEIT?
YOUR VOTE COMES DOWN TO TRUST
What has Savory and Via 313 said during the election campaign?
The Savory and Via 313 Labor and Employee Relations philosophy and messaging has remained consistent, transparent, and fact-based.
Speaking of the FACTS, let's recap the Company's campaign message:
FACT 1: Restaurant Workers United is a start up labor organization with NO previous experience in NLRB petitions, NO elections, NO negotiations (collective bargaining process), NO work stoppages.
FACT 2: In January 2022, a group of employees approached Via 313 leadership and insisted that the Company recognize their demands forgoing the employees' legal rights and individual participation in a secret ballot election which would be administered by the federal government (NLRB)
FACT 3: RWU organizers intended to gain exclusive representation of the Via 313 team members without extending the employees the democratic process of FREE CHOICE in a NLRB monitored secret ballot election which would ensure NO intimidation, NO harassment, NO threats, and NO external influence.
FACT 4: RWU organizers freely admit their intent to organize Via 313 for more than "a year and a half" prior to filing a petition for election with the NLRB. RWU organizers were "trained" to "salt" and infiltrate Via 313 in an orchestrated attack for nearly a year prior to the NLRB's formal involvement.
FACT 5: RWU organizers have allegedly utilized tactics of intimidation, harassment, retaliation, and misleading statements in order to obtain required authorization cards from Via 313 team members. Via 313 has filed unfair labor practices against RWU in regards to this matter. Such cases are currently under investigation by the NLRB and involve discovery of evidence, depositions, and witness testimony from involved personnel.
FACT 6: Savory and Via 313 have been consistent in their message, (a) to support and recognize the legal rights of all employees to unionize as prescribed by federal law (NLRA), and (b) it is the intent of Savory and Via 313 to maintain their open, direct relationship between its people without the interference or influence of a labor union. Furthermore, Savory and Via 313 will exhaust any/all legal avenues prescribed federal, state and local law to ensure this right and to preserve the Company's ability to maintain efficiency, flexibility and to contain unwarranted financial exposure associated with negotiations, legal defense, grievance protocol, and more.
FACT 7: Via 313 understands the danger associated with the consequences of ignorance of the subject of labor relations for both, the Company and its people. Therefore, Via 313 chose to host a series of employee meetings to educate involved employees as to their Section 7 Rights to have, join, or support a labor union and, equally, to REFRAIN from any/all such activities. (94% of all private sector employees nationally CHOOSE to remain union-free. ONLY 6.1% of private sector workers are represented by a labor union in US)
FACT 8: Via 313 offered each involved team member a hard copy of the Guide to the National Labor Relations Act, access to view and read the RWU Constitution, and access to any/all unaltered documents filed by or from the NLRB relative to this matter (NLRB Petitions, Unfair Labor Practice Charges, Decision and Direction of Election, NLRB Notices and more).
FACT 9: RWU is a business with limited financial resources. RWU organizer, Ben Reynolds, created a GoFundMe Account on behalf of the RWU soliciting $50,000 for the purpose to "pay for legal advice, organizing resources, and strike funds." As of Oct 17, the RWU has ONLY collected $1655 in total donations for this cause.
FACT 10: Via 313 Austin TX team members are some of the highest paid restaurant workers in the area. Via 313 Kitchen staff receive Paid Time Off. Via 313 Austin servers earn on average $35/hr in total compensation. Some Via 313 Austin serves earn in excess of $50/hr in total compensation.
FACT 11: The Massachusetts Institute of Technology's Living Wage calculator demonstrates that the Living Wage for Austin TX to be $15.01 (single with no dependents). The MIT calculations also demonstrate that the average wage for a Austin TX Food Preparation and Server Occupation is $22,887/yr, that's $440/week or $11.00/hour. Via 313 employees earn significantly higher that the area average.
FACT 12: The RWU Constitution states membership dues for "Working Members" who are represented by RWU under a Collective Bargaining Agreement are $30/month or 2 times your average hourly rate, whichever is higher". Therefore, the average Via 313 Austin server would be expected to pay $70/month or $840/yr, with some paying as high as $100/month, or $1200/yr to the RWU.
FACT 13: RWU alleged "Via corporate lawyers dragged...and tried to delay the election as long as possible". Fact is, the NLRB ordered a pre-election hearing as part of the standard case processing procedure. Via 313 participated in multiple conferences with RWU representatives in an attempt to reach a consent election. Ultimately, the parties were unable to agree. Ask RWU, why didn't they simply agree to Via 313 terms to hold an in-person election? Why did RWU drag this out?
FACT 14: RWU Representative, Ben Reynolds, filed to amend the original RWU petition, which was filed with incorrect information, on August 22 delaying the process for another 2 weeks.
FACT 15: Via 313 MUST comply with federal law as prescribed by the NLRA. Via 313 CANNOT make any unilateral changes to wages, hours or other terms and conditions of employment during the election phase. Such changes could be perceived as a threat or promise to employees in attempt to interfere with their free choice during the election.
FACT 16: RWU alleges "Via 313 unsuccessfully argued that shift leads who make as little as $16 an hour shouldn't be able to vote on the grounds that they are management". Fact is, Via 313's position has always been clear that Shift Managers (BOH, FOH) are supervisors as defined by law and excluded by the NLRA. Section 2(11) of the NLRA specifically excludes supervisors. In the Via 313 case, the NLRB has decided to defer analysis on their status until after the election. NO Ruling has been made on the status of Shift Managers. IF the Shift Managers vote is non determinative to the outcome, the issue will not be analyzed by the NLRB.
FACT 17: RWU has filed 6 Unfair Labor Practice Charges against Via 313 alleging wrongful termination and/or discipline and other false claims. The most recent charge by RWU against Via 313 was filed October 12. Fact is, Via 313's purpose is "to make people happy" and we are dedicated "to making Via 313 the best in class restaurant to work in." At Via 313, we ensure the confidentiality of employees' employment information including matters relative to disciplinary action or counseling. Via 313 WILL NOT tolerate discrimination based on race, sex, age, national origin, religion, sexual orientation, or disability. Employment decisions, such as hiring, promotion, compensation, training and discipline will be made only for legitimate reasons based upon qualifications and other discriminatory factors. Via 313 will continue to ensure employee accountability and recognition with consistency and diligence in the best interests of all its people.