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Former Ozzie’s Barista Settles for $15,500

Last month a former Ozzie's employee settled a suit alleging that the local shop discriminated against his union involvement.

 

A former Ozzie’s barista settled for $15,500 last month after the National Labor Relations Board filed suit against the local java joint, claiming it discriminated against the barista for his union affiliations.

Jeff Baurer, 41, claimed that the coffee shop unfairly terminated him for his affiliation with Industrial Workers of the World (also known as the Wobblies), an international union that believes all workers should be united and the wage system must be abolished.

“I can move on with my life knowing that at least one boss will think twice before interfering with a worker's right to organize for dignity and respect in the workplace,” said Bauer.

Bauer claimed that before his termination last June from the Seventh Avenue and Lincoln Place shop, he was constantly praised by management as a model employee and even offered the manager position. Then his employers’ sentiments quickly changed.

“Ozzie's violated my legally protected right to join and/or form a union in the workplace,” said Bauer, who worked at the spot for nearly a year. “They harassed me, retaliated against me, reduced my hours, demoted me and terminated me for engaging in protected concerted activity.”

The former barista believes that someone leaked his affiliation to management when he was organizing a May Day benefit for the IWW.

But Bauer said his troubles really began after he told about a hostile confrontation he witnessed between a co-worker and his manager’s boyfriend. The incident led to a confrontation between Bauer and store manager Raphael Bernadine.

After that, Bauer claimed his hours were slashed in half. He 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. He was officially terminated shortly after, on June 29.

Bernadine has told Patch in the past that 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.

Bauer, along with other IWW members, organized pickets and call-ins to ask the store to give the barista his job back. In December, the NLRB decided to issue a complaint against the coffee shop on behalf of Bauer.

In addition to the $15,500 payment to Bauer, Ozzie’s is required to post a notice in the store, which states, among other things, the Industrial Workers of the World, or any other labor organization, is protected and that Ozzie's cannot discharge, issue warnings to, reduce the work hours or discriminate against employees for union activities.

“That makes me feel vindicated, since they did in fact do all of those things to me in an effort to squash a union drive,” said Bauer. After a year of legal battles against his employer, Bauer declined to take his job back and instead now works as a janitor.

Ozzie’s declined to comment on the settlement agreement and the coffee shop’s lawyer did not return a request for comment.

“This settlement means more than just making me whole monetarily, it represents what can be achieved when workers formulate a plan and see it through,” Bauer said. “All over the country, from Wisconsin to New York City, the worker's right to organize is under attack and its time for us to take a stand and fight back."

Felicia Alcott

11:29 am on Sunday, April 3, 2011

Bauer sounds like a professional pain in the ass.

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Lou Howort

1:15 pm on Sunday, April 3, 2011

Jeff is the kind of "pain in the ass" that all workers need right now. If all the current union bureaucrats feeding from the dues trough filled by their union's members had activist leaders like him, willing to organize and fight for them, the attacks on them around the country by the politicians would not be happening.

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Gary Hoopengardner

8:23 am on Monday, April 4, 2011

Unions? Blah, I've been involved on both sides of the fence on this issue. But you know what, let's put a union in Ozzie's, then all that has to happen is raise the price of a cup of coffee to pay for benefits of the employees.
Hoop

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Peter

8:50 am on Monday, April 4, 2011

For what it's worth, Starbucks does offer health insurance and benefits to all of their employees working more than 20 hours/week.

But then they're a large company that has the resources & leverage to negotiate good deals with benefits providers. Setting up health insurance when you've got less than 15 employees is brutally expensive, not to mention the insane amounts of paperwork.

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Czerny

9:37 am on Monday, April 4, 2011

There are some people who make a career out of creating an incident from nothing, getting his 15-minutes of fame based on paranoia and false righteousness, and enriching himself with unearned money before crawling back into his loser hole.

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ojonyc

10:39 am on Monday, April 4, 2011

what happened to all the PS liberals? u hitting Bauer pretty hard 4 standing up 4 himself, dont u think?

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Czerny

10:57 am on Monday, April 4, 2011

We aren't all "liberals" here.

A principled man doesn't demand money for standing up for himself. I hope he lives up to his convictions and donates the money to his beloved union since he used his membership in the union as a reason to sue.

dj ripley

11:00 am on Monday, April 4, 2011

Most of them are liberal until it raises a price of their cup of coffee. This just makes that clear. Having to actually put your money where your mouth is and support workers' rights at home is a bridge too far - local workers aren't making adorable beaded coasters for your coffee table..

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Parksloper

2:05 pm on Monday, April 4, 2011

Too bad Ozzie's caved to coffee boy but I guess it was costing them too much in fees. I'm sure the union will get a percentage of his money and maybe the rest to Mom towards rent in the basement.

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HeyJoe

6:22 pm on Tuesday, April 5, 2011

Jeff Bauer is a working class hero.

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Gary Hoopengardner

6:42 pm on Tuesday, April 5, 2011

Joe Bauer is a working class PIA. Whinnie, well we will just wait and see if he climbs under a ?

I'm not even going to give this guy anymore attention.

The reference that Lennon was meaning as a working class hero was really
aiming to make fun of the idea. Remember it is also written in the song,
there's room at the top they are telling you still, but first you must learn how
to smile:) as you kill!
Hoop

Reply

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