Workers at the Modesto BJ’s Restaurant & Brewhouse voted against unionizing in an election held on September 26, with 30 votes in favor and 57 against. The effort to form a union was led by staff concerned about the company’s tip-sharing policy, which requires servers and bartenders to share a percentage of total sales with other employees. Some workers argue that this policy is used instead of raising wages for certain staff and can result in servers losing money if tips are not proportional to sales.
Will Kelly, executive director of the North Valley Labor Federation (NVLF), expressed disappointment with the outcome. “While this is obviously not the result we hoped for, we are truly inspired by all of the BJ’s workers who stood up for what they deserve and I couldn’t be more proud of the way the labor movement showed up to support these workers,” Kelly said. He also criticized management’s conduct during the campaign: “At the same time, I can’t help but be disappointed by the way BJ’s management willfully spread misinformation about unions and the unionization process and created divisions and mistrust within their own workforce.”
Kelly reported hearing from employees that management attempted to discredit Michael Williams, a server leading union efforts, suggesting he was motivated by personal interests. “Nothing could be farther from the truth, and the people who spread those rumors should be ashamed,” Kelly added.
Union organizers initially intended to represent only servers and bartenders but later included all staff in solidarity. NVLF representatives campaigned outside the restaurant ahead of the vote.
BJ’s Restaurants Modesto issued a statement following the election: “We respect our Modesto team members’ decision and are grateful to those who participated in the election. We want all BJ’s team members to know that we remain committed to listening to and working with them directly, and we will continue to foster our open-door culture where ideas and feedback are encouraged.”
Michael Williams commented on his involvement: “I can’t speak for others, but I know that we did everything we could to talk to everyone, understand their concerns and build a union that would benefit everyone. Clearly we still have work to do, but I’m not giving up on my coworkers.”
According to current labor regulations, workers may file for another union election one year after an initial failed attempt or submit an objection within a week if they believe rules were broken during voting. However, because of a government shutdown, operations at the National Labor Relations Board are currently suspended due to lack of funding.
Winning a union vote is only one step; negotiating a first contract typically takes significant time after recognition. Kelly concluded: “Many successful unionization campaigns don’t make it on the first attempt, and as long as there are workers who want to make a change, we will be there to support them however we can.”
