Council Member Sandra Ung earlier this week accompanied Brenda Garcia as she reported for her first shift back to work at Chipotle at 136-61 Roosevelt Avenue in Flushing. Garcia returned to work four days after 32BJ SEIU filed charges under the National Labor Relations Act accusing Chipotle of firing her for union activity.

“I’m delighted to be here to stand alongside Brenda as she returns to work after being unjustly terminated,” said Council Member Ung. “I thank 32BJ for amplifying Brenda’s story, and for all it continues to do to support the fight for fair working conditions for working-class people.” 

In mid-April, the Flushing resident and single mother of one was fired after she called in sick, even though she had three sick days. Coincidentally, the firing came just weeks after she was featured in a New York Times article discussing Chipotle’s scheduling practices, as well as speaking with her co-workers about forming a union.

“When I heard about Brenda’s story, I was appalled that she was fired for calling out sick after appearing in a NYT story where she spoke out about her working conditions and not getting enough hours in her schedule to support her family,” said Council Member Ung. “Workers are human, and need to take the appropriate time off when feeling ill, especially when they’re serving food prepared on site. When fast food workers get sick, we get sick.”

“This shows that when we speak up we can make a difference,” said Garcia. “Chipotle must respect workers, give us the opportunity to grow and respect our right to organize a union. I’m ready to get my job back and to keep fighting for the shifts and a schedule that I need to survive and to support my son.”

Among the provisions of the city Fair Workweek Law is that employers must offer more hours and additional shifts to current employees before hiring new help. In 2021, the city filed a lawsuit alleging that Chipotle had violated the Fair Workweek Law almost 600,000 times in two years. 

“Too many businesses in the restaurant and retail industry get away with harassing workers and flouting the Fair Workweek Law because employees are either afraid to speak up or simply get frustrated and quit,” said Council Member Ung. “Brenda Garcia is one of the brave ones who decided to speak up.”

Kyle Bragg, president of 32BJ, said the union still has a complaint filed against Chipotle alleging anti-union intimidation tactics and for creating an atmosphere of surveillance. 

“We are glad in this case that Chipotle made this decision to bring Brenda back,” said Bragg. “But the charge alleging anti-union intimidation, threats and creating an impression of surveillance remains. This is why workers need a union at Chipotle.”