June 26, 2017
By Steven Wishnia and Neal Tepel
St. Louis, MO – A federal appeals court on June 21 ordered a Burger King franchisee in Kansas City to rehire Fight-for-$15 organizer Terrance Wise.
A three-judge panel of the 8th U.S. Circuit unanimously upheld the National Labor Relations Board’s finding that EYM King of Missouri acted illegally when it refused to keep Wise on the job after it acquired the Burger King where he worked in 2015. General manager LaReda Hayes had told the board that she had not rehired Wise because of his limited availability and record of insubordination and lateness. Specifically, she said, Wise had said he was unable to work Saturday nights or Sundays, and had been late for work three times in the spring of 2014. The NLRB’s administrative law judge found those reasons implausible, and ruled that the franchisee had declined to hire Wise “for having engaged in protected labor activity.” The appeals court, noting that Wise had worked at Burger King for more than 11 years and was responsible for bringing the “Fight for $15” campaign to the store where he was employed, agreed, calling the reasons given for not rehiring him so minor they were “pretextual.” Read more
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