The union representing workers at Java Blend filed a complaint about unfair labour practices with the Nova Scotia Labour Board this week. The union and workers are also organizing a public rally.
As the Examiner reported last week, nine workers from Java Blend were terminated on Jan. 23. The cafe on North Street had a sign up on its front door the following day saying the business was closed until Jan. 25, and there would be a reduction in hours of service.
Java Blend posted on Instagram and Facebook about the staff layoffs. From the post:
Our cafés are an important part of Java Blend. In a story that is unfortunately not unique in the food and beverage industry, we have struggled since March 2020.
It is with heavy hearts that we share the news of our decision to lay off a number of our staff. We have made every effort to prioritize keeping our doors open, lights turned on, and our staff working as long as possible.
Java Blend was founded and operated by the Dikaios family, but they sold the business four years ago to Adam Bose, Joseph Dunford, and Alex Lee.
‘We believe the cafe was targeted for these terminations’
SEIU Local 2 held a press conference on Wednesday with three of the terminated Java Blend workers, all of whom were union leaders – Cailen Pygott, Emily Kristensen, and Andy Mawko.
SEIU Local 2 is the union that represents workers with the Halifax location of Pete’s Frootique. Those workers were on strike for seven weeks and ratified a collective agreement in early January.
“We believe the cafe was targeted for these terminations because they believe that’s where the support for a union started,” Pygott said.
Pygott said Java Blend’s owners told staff that bankruptcy is possible.
“Having worked in cafes that have gone bankrupt before, I experienced first-hand what that was like for an employee without the protection of a union,” Pygott said.
“Java Blend will say they are facing mounting debt, but from my perspective, [that’s] inconsistent with terminating staff at its most lucrative cafe on North Street.”
SEIU Local 2 filed an unfair labour practice complaint with the Nova Scotia Labour Board on Wednesday morning. From the complaint:
[The union] alleges the Respondent has violated sections 53 and 58 of the Trade Union Act (“the Act”) by terminating union organizers in retaliation for organizing a union in their workplace. The Employer has enacted this retaliation under the guise of layoffs required to maintain financial stability. However, in doing so the Employer has terminated only twenty-five percent (25%) of the workforce, but a full one hundred percent (100%) of the Union’s organizing committee.”
According to a press release from the union, “the employer’s conduct has all the hallmarks of an orchestrated campaign of retaliation aimed at crushing workers’ rights.”
‘Our silence is not for sale’
Emily Kristensen said she and eight of her colleagues were called into Java Blend’s office last Tuesday and told they were being laid off that day. Kristensen said the company asked the workers to sign non-disclosure agreements (NDAs), and would give them additional severance if they signed the documents. However, Kristensen said she and her colleagues refused to sign those NDAs.
“Our silence is not for sale,” Kristensen said. “We believe our employer’s actions are inappropriate in the middle of an ongoing union certification process.”
Andy Macow provided some background on why the workers started the union certification process in early 2023. The union drive included workers at the North Street and Sackville Street locations of Java Blend, the company’s roasting and production facility in Burnside, and the Cortado Tasting Room in Bedford.
“For me, forming a union was important because I deeply care about the well being of my coworkers in the workplace. Over the four years I’ve worked here, I witnessed a lot of change in the company, such as unfair scheduling and hours being cut. We knew that forming a union was the only way we could do anything about these issues.”
According to the SEIU Local 2 press release, the ballot box from the labour board certification vote in June 2023 remains sealed as Java Blend’s owners “raised objections as to whom should be allowed to be members of the Union.”
Response from Java Blend
Java Blend is now open for business. The Examiner contacted Java Blend for comment. Alex Lee, one of the owners, responded with this message:
In a story that is unfortunately not unique in the food and beverage industry, Java Blend has struggled financially since March 2020. We made every effort to prioritize our doors being open and our staff keeping their positions and hours. We learned today from the media that the Union has filed a complaint and we will fully respond when we receive the complaint from the Union. Layoffs were a financial necessity and in no way related to the certification application. The decision was the only way to avoid closing our café doors permanently so we can continue serving customers in a sustainable way.
‘I’m super proud of my coworkers’
Kristensen said as a worker with a disability, she supports a union because of health and safety in the workplace. Java Blend’s full-time workers did receive a health plan.
“Collectively, we have come together to give each other the support we deserve and every worker deserves,” Kristensen said. “Java Blend’s union support has always been strong, and in light of recent events, it’s stronger than ever, and will continue to be.”
Mawko said he and his colleagues should get their jobs back and be compensated for lost wages.
“Seeing Pete’s Frootique workers in downtown Halifax win their union and seeing the community stand in solidarity with them inspired us within Java Blend to unionize. I’m super proud of my coworkers who pushed for this all this way and have been with me all this way,” Mawko said.
“I encourage others to not be afraid to stand up for your labour rights and be in solidarity with one another.”
The public rally is set for Saturday, Feb. 10 at 1pm in front of the Java Blend location at 6027 North St. in Halifax.
Owning and running a business, particularly in the hospitality sector, is a risky proposition, and not a get rich quick scheme. But piling on the business owners for their decisions is easy to do.
Did you ask the owners if they asked the workers to sign NDAs? I’d be curious to know if they would admit that and what explanation they’d give.
What a disgrace. Sure the layoffs have nothing to do with union certification. Seems like the new owners have turned a thriving business with a 100 year history into a shell of it’s former self in a scant 4 years. Looks like they have much bigger issues than employees standing up for their rights. I realize that the former owners did not operate through a pandemic, but a business has to have many ups and downs over the course of 100 years.