McDonald's Statement on NLRB Actions (12/19/14)
The National Labor Relations Board’s actions today improperly and dramatically strike at the heart of the franchise system – a system that creates economic opportunity, jobs and income for thousands of business owners and their employees across the country.
McDonald’s is disappointed with the Board’s decision to overreach and move forward with these charges, and will contest the joint employer allegation as well as the unfair labor practice (ULP) charges in the proper forums.
These allegations are driven in large part by a two-year, union-financed campaign that has targeted the McDonald’s brand and impacted McDonald’s restaurants. McDonald’s has taken the appropriate measures, working properly with its independent franchisees, to defend itself against that attack on its business.
McDonald’s serves its 2,500 independent franchisees’ interests by protecting and promoting the McDonald’s brand and by providing access to resources related to food quality, customer service, and restaurant management, among other things. These optional resources help entrepreneurs operate successful businesses. This relationship does not establish a joint employer relationship under the law – and decades of case law support that principle.
It is important to understand that the ULP complaints issued by the NLRB merely contain allegations that the NLRB has decided deserve further fact finding before an administrative law judge. These complaints are not determinations or rulings on the facts of the cases. The final resolution of these complaints will require a lengthy process.
Our independent owner/operators have informed us that they will contest the ULP charges as well.