In a major victory for the singing servers at Ellen’s Stardust Diner, their employer has reached an agreement with their solidarity union, Stardust Family United, and the National Labor Relations Board (NLRB). By entering into the settlement agreement, the company will narrowly avoid a trial on some 19 violations of the National Labor Relations Act, including 31 retaliatory firings.
Under the terms of the agreement, all 31 employees terminated over the last year in retaliation for union activity have been offered immediate and full reinstatement, and will receive back pay from the time they were fired. Of the terminated employees, 13 will immediately return to work at the popular Midtown diner.
In addition, the restaurant is required to mail official notices to all employees, informing them that the company will not violate federal law by engaging in certain unlawful practices such as surveilling and threatening workers, interfering with their use of social media, and discouraging them from taking action to improve working conditions.
For the singing servers, this has been a long road. The union, which is a branch of the IWW (Industrial Workers of the World), initially went public in late summer of 2016. Weeks after making their efforts known to management, 16 active union members were fired. Over the fall and winter, the workers continued to engage in direct workplace action to improve health and safety conditions, as well as pursue other demands. Another mass firing in January 2017 brought the total of terminated singers up to 31.
Despite this, Stardust Family United remained active, both inside and outside the restaurant. “I’m thrilled and proud to know our struggle and vigilance over the last year has paid off,” says returning employee Matthew Patterson. “I’m looking forward to returning and making a positive impact inside the diner.”