Fired Ferdinand's Employees Charge Unfair Labor Practices

Workers recently fired from Ferdinand's restaurant filed formal charges yesterday of unfair labor practices against their former employer with the National Labor Relations Board (NLRB).

All 30 waiters, waitresses, bartenders and busboys at Ferdinand's were fired Monday after they signed a petition naming Local 26 of the Hotel Restaurant and Institution Employees and Bartenders Union, AFL-CIO, as a representative for collective bargaining in response to the sudden firing of all 14 Ha'penny employees the week before. Ferdinand's and Ha'penny are part of the same corporation.

During a press conference at the Sheraton-Commander Hotel yesterday former Ferdinand's employees and union officials accused Louis F. DiGiovanni, owner of the restaurants, of closing Ferdinand's because they attempted to unionize.

The suit charges that the management attempted to prevent unionization with threats of violence and legal action against employees walking a picket line in front of the restaurant. It also charges the management with conducting surveillance of employees attempting to unionize.

The fired employees also charged the management with trying to "chill" attempts at unionization at The Atrium Cafe on Church St. also owned by DiGiovanni.

In their charges, the fired employees have considered The Atrium and Ferdinand's as under "one owner," Donald J. Siegel, counsel for the union, said yesterday. Union officials have not commented on a possible unionization of The Atrium.

The suit requests the NLRB to force DiGiovanni to reopen Ferdinand's and the Ha'penny--restoring all fired employees to their former jobs with full back pay--and to take part in collective bargaining with the employees represented by Local 26.

Kim Shanahan, a former employee of Ferdinand's said yesterday the management had said the Ha'penny closed because it was losing money and "it was time for a change." Shanahan said he had thought the restaurant was doing well financially.

The employees will now wait for the regional director of the NLRB to determine the merit of their claim. "Our gut reaction is that their common law rights were violated." Siegel said yesterday.

If the regional director of the NLRB decides in favor of the fired employees, he could attempt to reach a settlement between management and labor, Burton Rosenthal of the NLRB said yesterday, adding that if he cannot, the case will be sent to an administrative judge.

Stanley Rudman, the attorney who is representing Ferdinand's, Inc. and The Atrium, Inc. last night refused to comment on the fired employees' charges.