Lawyers representing fast food workers are hoping to thwart an effort by the Trump administration to rapidly settle union-busting claims against McDonald’s.
The National Labor Relations Board heralded the proposed settlement on Tuesday, the day after agency general counsel Peter Robb filed the terms of the deal in New York, alongside attorneys for the fast food giant.
“These settlements represent a full remedy for the employees who have waited since the first charges were filed in November of 2012 and, if approved, would avoid years of possible additional litigation,” the Board said in a press release.
The claim was challenged by the organization that McDonald’s workers were allegedly fired and harassed for joining–Fight for $15, the Service Employees International Union-backed movement to raise the federal minimum wage.
Representatives from Fight for $15 pointed to a statement made by Micah Wissinger, an attorney representing the group’s worker organizing committees.
“We look forward to presenting our objections to the judge,” Wissinger said.
One bone of contention: there would be no admission of wrongdoing by the fast food conglomerate, under the proposal.
“In a real settlement, McDonald’s would take responsibility for illegally firing and harassing workers fighting to get off food stamps and out of poverty,” Wissinger also said.
Lawyers for the NLRB helped negotiate the terms of the settlement just weeks after the agency suffered a major embarrassment while attempting to repeal Obama-era regulations.
In December, the Board voted to nullify the August 2015 joint employer standard making companies liable for labor law when they exert “indirect control” over franchises. In February, the decision was vacated after the NLRB Inspector General found it was made, in part, by an official with a clear conflict of interest.
Republican Board Member Bill Emanuel took part in the vote, despite the fact that his former law firm, Littler Mendelson, had represented parties challenging the Obama standard.
Robb had cited the December joint employer vote in January, when seeking a delay in proceedings against McDonald’s. Because of the February annulment, Fight for $15 and its allies had pushed for the Board to let the case finish. The trial had started in 2016, and was close to its end.
Among those pushing for the NLRB to let trial run its course were five Senate Democrats, including Elizabeth Warren (D-Mass.)
Warren hit out at the Board for its recent push to settle the McDonald’s case, reacting on Saturday to news of the emerging settlement.
“Donald Trump’s NLRB is trying to railroad workers into terrible settlements and let corporations violating labor laws off the hook,” she told Bloomberg.
