A unionization effort at a BJ’s Restaurants location in Modesto, California, has failed.
Employees of the restaurant at the Vintage Faire Mall on Friday voted against forming a union, the chain confirmed.
Some workers at the restaurant began to push for a union in June in response to BJ’s tip-sharing policy, which gives kitchen staff and non-tipped front-of-house staff 4% of sales.
Servers and bartenders said the practice has cut into their pay because when a customer doesn’t tip, the 4% is taken out of their earnings. The policy applies only to BJ’s in California.
Michael Williams, a server who spearheaded the effort, had said that if successful, he would work to organize other BJ’s in the state. The casual-dining chain is headquartered in Southern California, and about 60 of its 200 restaurants are located there.
In a statement, BJ’s thanked employees who participated in the election and said it is committed to listening to workers and working with them to address issues.
“We will continue to foster our open-door culture where ideas and feedback are encouraged,” the company said.
The North Valley Labor Federation, which had backed the union effort, lamented the results but said it was an honor to stand with the organizers.
“This was a setback, but it is not the end of the road,” the group said in a Facebook post.
The vote still has to be certified by the National Labor Relations Board, which will take at least seven days, BJ's said.
Unions are rare in the restaurant industry, though there has been an uptick in organizing activity in recent years. About 650 Starbucks cafes are now represented by Starbucks Workers United, and employees of several smaller chains, such as Burgerville and Colectivo, have successfully organized.
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