The National Labor Relations Board (NLRB) Office of the General Counsel has investigated charges alleging that McDonald’s franchisees and their franchisor, McDonald’s, USA, LLC, violated the rights of employees as a result of activities surrounding employee protests.
The Office of the General Counsel found merit in some of the charges and no merit in others. The Office of the General Counsel has authorized complaints on alleged violations of the National Labor Relations Act (NLRA). If the parties cannot reach settlement in these cases, complaints will issue and McDonald’s, USA, LLC will be named as a joint employer respondent.
The NLRB Office of the General Counsel has had 181 cases involving McDonald’s filed since November 2012. Of those cases, 68 were found to have no merit, 64 cases are currently pending investigation, and 43 cases have been found to have merit. In the 43 cases where complaint has been authorized, McDonald’s franchisees and/or McDonald’s, USA, LLC will be named as a respondent if parties are unable to reach settlement.
In short, this is the first time a franchisor has been linked legally to actions of its franchisees, and the corporate giant could be sued along with the named franchisees should no settlement be reached with the franchisees.
For more information on how the NLRA and NLRB can affect your business, please consult a copy of Personnel Concepts' National Labor Relations Act Compliance Kit.