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NLRB backs Ozzie's Barista who Claims He was Fired for Union Organizing

Complaint by the National Labor Relations Board is a new chapter in the area coffee wars.

 

A barista at a beloved area coffee shop claims he was wrongly terminated over the summer for his union affiliation and is seeking legal action against his former employer. 

Jeff Bauer, 41, had worked at Ozzie's at  Seventh Avenue and Lincoln Place for almost a year when he was terminated. Last Wednesday, the National Labor Relations Board (NLRB) decided to issue a complaint against the coffee shop.

According to Bauer, he was constantly praised by management as a model employee and even offered the manager position, which he turned down.

"Politically as an anarchist and union organizer, it didn't coincide with my politics," Bauer said.

Then Bauer said he began organizing a May Day benefit for his union, the International Workers of the World (also known as the Wobblies). The IWW is an international union that believes all workers should be united and the wage system must be abolished.

Bauer began inviting his coworkers to organize, and he believes someone leaked his union affiliation to management. Bauer said manager Raphael Bernadine questioned him about his union membership.

"Suddenly I went from a model employee to being the worst worker," Bauer recalled.

But Store Manager Raphael Bernadine said Bauer's accusations are entirely false.

"Nobody knew he was in a union. I can swear to that," Bernadine said.

In early June, Bauer said a confrontation between a coworker and Bernadine's boyfriend led to a screaming fight in the basement of the coffee shop. During and after the fight, the former barista said he was left to work the coffee shop alone for three hours.

"I was choking back tears," Bauer said. "When customers asked what was wrong, I answered honestly and explained the incident to customers and expressed anger at the hostile work conditions."

He also stood up for his coworker to the manager, he said. Afterwards, Bauer claims his hours were slashed from over 40 hours a week to around 20, so Bauer led a union delegation into Ozzie's with six other union members to deliver a demand letter, asking for the return to his original 40 plus hours among other requests.

After that, Bauer said he was left off the schedule entirely and was fired on June 29. He then filed charges of unfair labor practices with the NLRB on July 2.

Bauer believes he was fired "simply for organizing," but Bernadine disagrees. He said Bauer was fired for not doing his job.

Bernadine said Bauer was neglecting simple duties, such as making coffee correctly and keeping the store clean. As for the incident leading up to Bauer's termination, the store manager said it never took place.

"It's so unfortunate that he's telling these lies. There was no fight. There was never any fight in the store," Bernadine said.

Bauer along with other IWW members have organized pickets and call-ins to ask the store to give the barista his job back.

Bernadine said that most people who call the store do not even know what happened or who Jeff Bauer is.

"For example, there were two people who came into the store and started cussing the employees but didn't even know his name. They kept saying to give Ozzie his job back," Bernadine said.

Bernadine also stated that the protesting has not affected Ozzie's because loyal customers know the allegations are entirely untrue.

Bauer has yet to find another job, and the legal battle continues. He is asking for the reinstatement of his job will full back pay, but Bernadine  doubts that will happen.

"I don't think it would be fair to hire someone who has been so dishonest publicly. How could we trust him in the shop?" said Bernadine.

IAMUNIONFREE

10:26 am on Wednesday, December 22, 2010

Bauer sounds like a liar and a jerk
Unions arent doing anything well these days except collecting dues, stealing their members pension funds and going to jail.
Oh yea, they put a lot of small and big companies out of business too.
Unions are growing in one sector-governmnet workers---Yeah, we are all really happy with our goverment workers now arent we....

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Union Barista

1:39 pm on Wednesday, December 22, 2010

How do I sound like I'm lying? I'm standing up for my legally protected right to join and/or form unions in the workplace. all I wanted was respect and dignity on the job. I don't think that is too much to ask for.

Raphael is the only person being dishonest. I was a hard worker and he knows that. He is also claiming that the incident between his boyfriend and my coworker never happened, but I have proof in writing that it happened because I was written up for discussing workplace conditions (which is protected activity under the National Labor Relations Act) and the conflict was specifically mentioned in the write up. My one and only, first and final warning. If I was such a bad worker, why was I never written up before I stood up for a coworker who was abused by Raphael's unstable boyfriend?

And for the record, the Industrial Workers of the World is not like other unions. We are not a business union, we operate under the solidarity unionism model. We are organized horizontally, rather than top-down. Meaning that all decisions are made by the workers themselves, rather than handed down from some union official. we are completely volunteer-driven, with only a few elected paid positions, which are mostly administrative. We do not collect dues directly from workers' paychecks. Dues are minimal and go towards active campaigns.

mac

6:33 pm on Thursday, December 23, 2010

To Mr. Bauer: Is there a faint smell of homophobia in this union related complaint ? And why discuss internal personal issues which exist in almost every business with customers ?

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Union Barista

5:10 pm on Monday, December 27, 2010

Actually, no. I am in fact queer myself. I've been out as bisexual & polyamorous for over two decades now. The local branch of the IWW is extremely LGBTI/Q positive and is sensitive to the needs of LGBTI/Q workers.

The fact that Raphael's ex-cop boyfriend physically assaulted my coworker is an extremely important detail in why I was fired. It was after standing up for my coworker that I was imeediately written up for exercizing my legally protected right to discuss workplace conditions, had my hours slashed and then was terminated.

To assume it's homophobia to mention facts related to this case is a stretch. If Raphael was heterosexual and his girlfriend assaulted a coworker that's what we would have written and no one would say we were "airing personal business." Why are you assuming being gay is something to be ashamed of or something to keep hidden?

Cassandra Caserta

8:30 am on Friday, December 24, 2010

Why is this story even on Prospect Heights Patch? I am a Prospect Heights resident and I can tell you we do not cross Flatbush just for a cup of coffee. This blog has been covering way too many issues that deal with Park Slope and not Prospect Heights. Perhaps you need to change the name to Park Slope Patch.

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Amy

8:39 am on Friday, December 24, 2010

Cassandra -- there is a Park Slope Patch, too. If I'm not mistaken, I think this ran there first.

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benjamin

5:53 pm on Monday, December 27, 2010

Until workers organize they will always be at the mercy of their boss. Strange how some people want democracy in public life but not in workplaces where we spend so much of the day..

Jeff's bosses may be fine liberals, but they certainly bared their teeth at the union campaign. I'm no longer an Ozzie's customer & will encourage others to boycott!

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Rahim

7:35 pm on Friday, December 31, 2010

The definition of Barista truly is too much noble weight for people such as this guy who thinks people actually care about his rhetoric, affiliation or that he's "queer". Most hard working and honest ("gay") people, don't refer to themselves as queer - and the fact that he does, says a lot about both his confused state-of-mind as a "make-shift straight", bi-polar queen who has yet to convince anyone that he's honest about anything - especially about being a confused queer. You're not even decent enough to be called a fag!

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Union Barista

12:47 pm on Tuesday, February 1, 2011

The fact that you use the word "confused" over and over shows that you are coming from a place of extreme biphobia. I am not confused, I know exactly who I am. And in my experience people who self-identify as "gay" tend to be liberal who want equal rights under the law, while those who self-identify as "queer" tend to be radicals who demand sexual liberation. Also the blanket term "queer" encompasses a wider range of sexual identities and gender expressions that don't fit neatly into a false dichotomy of heterosexual at one end of the spectrum and homosexual at the other end of the spectrum. I tend to see human sexuality as more of a tapestry than a linear scale. Hope you can come to terms with why you hate people who don't fit into your neat little binary boxes.

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