National Labor Relations Board Stepping In Boathouse Restaurant Fight

Employees of the Boathouse restaurant in Central Park are striking over union recognition. The National Labor Relations Board is expected to issue a complaint accusing the restaurant of firing some workers for supporting the union. (Photo: Ty Cacek/The New York Times)

Manhattan

The strike at the Boathouse restaurant in Central Park has lasted more than two weeks, with 60 waiters, cooks and dishwashers picketing, chanting and drumming outside day after day. But now the strikers are getting some long-awaited outside support, according to the New York Times.

he National Labor Relations Board, the federal agency that oversees union matters, plans to issue a far-reaching legal complaint against the restaurant, federal officials and union leaders say. The complaint would accuse the Boathouse of illegally threatening and questioning workers, as well as firing and otherwise punishing more than 15 workers for supporting the union.

The labor board has also said, according to these officials, that it plans to seek an unusual judicial order to require the Boathouse to enter contract negotiations with the union, even though no election has been held to determine whether the restaurant’s 140 workers want to unionize.

The labor board seeks such orders only in the rare instances when it concludes that an employer’s illegal actions are so widespread and egregious that they would prevent a fair unionization vote from being held.

Peter Ward, president of the New York Hotel Trades Council, the union that many of the Boathouse workers have been seeking to join, said: “The labor board is saying to the restaurant’s owner and his agents that you, through fear, intimidation, firings, surveillance and threats, have destroyed the laboratory conditions necessary for a fair and clean election. And your behavior has been so bad we can’t ever re-establish those conditions.”

Robert Barletta, a spokesman for the Boathouse, said, “We deny all the allegations.” He declined to comment on the board’s plan to seek an order requiring the Boathouse’s owner to negotiate with the union.

Officials of the Boathouse, the union and the labor board all acknowledged that representatives from the restaurant, which is open despite the strike, will meet with the board’s deputy general counsel next Tuesday to discuss the planned complaint, which the restaurant may head off by offering enough concessions to settle the charges.

But Dan Silverman, a lawyer for the union and the former director of the labor board’s regional office in Manhattan, said: “This is not going to settle unless the Boathouse agrees to negotiate a contract with the union. Reinstating the fired workers isn’t going to be enough.”

Mr. Ward said more than 70 percent of the restaurant’s workers signed cards last winter saying they wanted to join his union. He said the union gave those cards to the labor board in January to request a unionization election, but none has been conducted because of litigation and because the board concluded that conditions were not right for an election.

Mr. Barletta, the Boathouse spokesman, said on Thursday that 70 percent of the restaurant’s current employees — excluding those on strike and those fired — recently signed a petition saying they did not want to unionize. He said that petition had been sent to the labor board and Mr. Ward.

John Turchiano, a union spokesman, said managers might have pressured workers to sign that petition. “Given their history, it’s pretty clear how they ended up getting those signatures,” he said.

After the workers walked out at lunchtime on Aug. 9, the restaurant issued a statement saying the union had organized “one publicity stunt after another” and was using “yet another vindictive tactic” against the Boathouse’s owner, Dean J. Poll.

The dispute has become intertwined with the union’s battle with Mr. Poll over a license he won to run Tavern on the Green, also in Central Park. Mr. Poll never reopened Tavern after he was unable to reach a contract with Mr. Ward’s union, which represented the 400 Tavern workers under the previous licensee, Warner LeRoy.

Christopher Skaggs, a waiter at the Boathouse for five years, said, “For them to say we’re out here on strike as a vendetta because of what went on at Tavern is pretty insulting to us. We’re out here to fight for a better work environment. We shouldn’t have to work in a place where we’re mistreated.”

Numerous workers complained of low wages and of not receiving health coverage.

Marie Agniel, another waiter, complained of a capricious management style. “I’ve worked here for six years, and every day I walk in and I don’t know whether I’m going to be fired,” she said

Ms. Agniel is one of six workers who have filed sexual harassment complaints. Mr. Barletta said the Boathouse “denies all the allegations about harassment.”

Read More:

Labor Board to Reproach Restaurant in Park

New York Times - August 25, 2011 - By Steven Greenhouse

Sign of the Times. Union illustration Depicting Dean Poll.

Pressure mounted Friday on restaurateur Dean Poll to resolve a bitter, longstanding dispute with the hotel workers union after the National Labor Relations Board decided to authorize a wide-ranging complaint accusing the Central Park Boathouse of serious labor violations, according to Crain's New York Business.

The labor board chose to authorize the complaint, which will allege that Boathouse management threatened and fired workers—creating an atmosphere that makes a fair union election impossible—but it is holding off on issuing the complaint because the Boathouse asked for reconsideration of the decision, said David Leach, acting regional attorney at the board.

The violations were so egregious, according to Mr. Leach, that the board is seeking an unusual order that would compel the Boathouse to bargain with the Hotel and Motel Trades Council even without an election.

“Dean Poll's contract with the city requires him to follow all city, state, and federal laws–and the National Labor Relations Board is saying pretty clearly he is not," said Josh Gold, political director for the union. "The work environment at the Boathouse has become so toxic and the violations are so pervasive that extraordinary measures are now needed to protect basic worker rights.”

Boathouse attorneys are scheduled to present their case to board officials in Washington on Wednesday. News of the NLRB's move was first reported Friday in The New York Times.

“Any recommendation by the board would not be wholly informed, because the Boathouse had not yet been afforded its right to address key board officials in Washington to refute the allegations made by the union,” a spokesman for Mr. Poll said. “This meeting is the opportunity for the Boathouse to present its case, and no decision will be rendered until those facts have been considered.”

But before then, Boathouse officials will engage in settlement talks Monday and Tuesday with the union in the hope of bringing to an end a fight that began at Tavern on the Green and that has dragged on since 2009, sources said.

The decision to authorize a complaint greatly increases the union's leverage, as pressure will mount on the city to step in if Mr. Poll does not settle. Workers at the Boathouse went on strike earlier this month to protest against the Boathouse's actions, and the union has engaged in an extensive publicity campaign aimed at convincing the city to cancel Mr. Poll's contract.

All along, city officials have said it would be improper to make any moves until the charges have been fully adjudicated, but now with the NLRB prepared to act, it's going to feel pressure to change its stance.

Already, Councilwoman Melissa Mark-Viverito issued a strongly-worded statement saying that the “Parks Department can no longer remain silent in this matter.” Ms. Mark-Viverito, who chairs the council's Parks & Recreation Committee, said that if Mr. Poll does not settle with the NLRB, “the city should immediately terminate his contract.” She added that officials “cannot sit idly by and continue to allow an employer operating on city-owned land to willingly and willfully violate workers' rights.”

A Parks Department spokeswoman referred to an earlier statement that “the city is not party to this disagreement.” She said Mr. Poll has met all his obligations to the city. But at a March City Council hearing, First Deputy Parks Commissioner Liam Kavanagh told Ms. Mark-Viverito that “all concessionaries are required to conform with all federal and state laws, including federal and state labor laws,” according to a transcript.

A spokesman for Mayor Michael Bloomberg referred to a July letter by Parks Commissioner Adrian Benepe to Manhattan Borough President Scott Stringer saying it would “be imprudent and premature” to act until the legal process runs its course.

Back at Tavern on the Green, at the outset of the battle, the two sides engaged in a contentious tug-of-war over a contract for 400 workers. Their inability to reach an agreement ultimately resulted in the closure of the well-known restaurant at the start of 2010. As a way to exert pressure during the Tavern talks, the union began organizing workers at the Boathouse. While the campaign started as a negotiating tactic, it became a high priority for the union when workers were allegedly dismissed for backing the effort.

Ironically, settlement talks at the Boathouse could end up giving new life to Tavern on the Green. It's possible the union could try to insert Tavern into the talks, sources said, bringing the dispute full circle.

Read More:

Tide goes out for Boathouse operator

National Labor Relations Board decides to authorize a wide-ranging complaint accusing manager of famed Central Park eatery of serious violations; Tavern redux possible.

Crain's New York Business - August 26, 2011 - By Daniel Massey

Surprise Walkout At Dean Poll's Central Park Boathouse

A Walk In The Park - August 9, 2011

Surprise Walkout At Dean Poll's Central Park Boathouse

Central Park Boathouse is the site of a worker walkout Tuesday. (Photos: Lisa Fickenscher)

Manhattan

In the latest twist in a seemingly never-ending battle between hotel union leader Peter Ward and restaurateur Dean Poll, several dozen workers at the Central Park Boathouse walked off their jobs Tuesday afternoon to protest alleged labor violations by the eatery's management,

according to Crain's New York Business.

They displayed signs at each of the eatery's entrances and were joined by some workers who had been fired by Mr. Poll.

The restaurant continued to serve customers after the noon walkout, although the dining room was largely empty. Some potential patrons approached the boathouse but turned away upon encountering the approximately 45 protesters.

The strike is meant to pressure city officials to intervene and force Mr. Poll to negotiate with the union, or to get the city to cancel his contract with the Parks Department, which adds more than $3 million a year to the city's coffers. In a statement, Mr. Ward emphasized that the alleged violations occurred “on city property.”

The National Labor Relations Board is investigating 25 charges brought on behalf of the workers by the union. The workers allege that managers interrogated employees about their union activity and threatened to close the restaurant if the drive succeeded. The most serious of the charges contends that 14 employees were fired in retaliation for their support of the union.

The bulk of the charges have been referred from the labor board's Manhattan office to its Division of Advice in Washington for an ultimate ruling, a source close to the labor board said. Among the issues being decided upon is whether the board will issue an injunction against the Boathouse, which could force it to hire back the workers, among other stipulations, the source said.

One such worker at the strike, Fancisco Lavayen, said he was fired on Jan. 25 “for supporting the union.” Mr. Lavayen worked at Boathouse banquets and as a bartender. He does not have a job currently, he said, but has been volunteering at the union.

Another worker, Juan Villalba, walked off his job today as a cashier and food worker at the Boathouse's Express Café because he wants “better management and more benefits,” he said, adding that he expected to strike “for as long as it takes.”

There were even union supporters in boats that came right up to the outdoor dining room overlooking the lake and waving signs at the few seated patrons that said: “Dean Poll, respect workers,” and “Shame on you.”

A reporter asked for Mr. Poll but was told by managers that he was not present.

Mr. Poll has contended firing the workers, who were part of his banquet staff, was a business decision that was in the works long before the union started organizing workers at the Boathouse. His lawyer, David Weissman of Reed Smith, has argued that the charges are unfounded and will be dismissed. He says they are part of an attempt by Mr. Ward to retaliate against Mr. Poll for failed negotiations at his other fabled Central Park restaurant, Tavern on the Green.

The Rat.

In a statement, Mr. Weissman said, "The workers who walked out today represent a small percentage of the approximately 140 men and women who are employed at the Central Park Boathouse. While The Boathouse management respects the employees who came to work and walked off the job, this walkout is yet another vindictive tactic by Hotel Trades Council President Peter Ward, who wrongly blames Dean Poll for the fact that Tavern on the Green remains closed."

The union said 65 of the restaurant's 140 workers participated in the strike, including 20 who were not scheduled to work Tuesday afternoon.

The dispute between Mr. Poll and Mr. Ward's Hotel and Motel Trades Council actually started at Tavern, where the two sides engaged in a contentious tug-of-war last year over a contract for 400 workers. Their inability to reach an agreement ultimately resulted in the closure of the well-known restaurant. As a way to exert pressure during the Tavern talks, the union began organizing workers at the Boathouse. While the campaign started as a negotiating tactic, it became a high priority for the union when workers were allegedly dismissed for backing the effort.

The Bloomberg administration has so far steered clear of the controversy. Manhattan Borough President Scott Stringer wrote to Parks Commissioner Adrian Benepe in June, urging him to cancel the Boathouse contract because of the allegations of intimidation and retaliation. Mr. Benepe wrote back last month saying it would “be imprudent and premature” to act on the charges until they are fully adjudicated.

“At such a time as the issues referred to in your letter are more fully explored and we have the benefit of decisions by the appropriate forums, we will take action appropriate to the situation,” Mr. Benepe wrote.

"The city is not party to this disagreement," the parks department said, in a statement. "[Mr. Poll] has met all of his obligations to the city under the agreement."

It seems clear that the union is mounting a large campaign. There were union supporters and staffers fanning out throughout the park wearing yellow t-shirts emblazoned with “Dump Dean Poll,” and handing out a pamphlet with the same message expressed in 20 different languages. A giant inflatable rat was also stationed at the entrance to the park at West 72nd Street and Fifth Avenue.

A spokesman for the union, John Turchiano, who was at the strike, said, “We will be here every day.”

"Keep Our Park Clean, Dump Dirty Dean." Hundreds rallied in Central Park on April 21 to protest Parks Department concessionaire Dean Poll's treatment of workers at the Loeb Memorial Boathouse restaurant. Workers claim they have been fired illegally from the famed eatery. The workers have been trying to unionize for a year. The city’s contract with Mr. Poll extends until Dec. 31, 2021. A bevy of elected officials came out in support of the pro-union rally. Photo: © Geoffrey Croft/NYC Park Advocates (Click on image to enlarge)

Read More:

Surprise walkout at Central Park Boathouse

Hotel union says dozens of workers at the famed eatery walked off their jobs Tuesday to protest restaurant's alleged labor violations. The Boathouse pays the city some $3 million a year.

Crain's New York

Business

- August 9, 2011 - By Daniel Massey

Central Park Boathouse Restaurant Accused Of Mistreating Workers

A Walk In The Park - April 22, 2011

Central Park Musicians Protest Crackdown

"I thought they put 'quiet zone' so that we could listen to the music!" said tourist Zita Misley, mother of three.

TOO LOUD? Singers and musicians perform 'Ave Maria' in the Bethesda Terrace Arcade in Central Park on Sunday to protest a ban against performers in eight different 'quiet zones' throughout the park. (Photo: Catherine Yang/Epoch Times)

Manhattan

By Geoffrey Croft

On Sunday classically trained musicians and singers accompanied by Concert Harps, Hammered Dulcimers and guitars called on the City and elected officials to abandon the recent crackdown prohibiting performing in Central Park.

The group - representing a variety of musically tastes and styles including gospel, classical, jazz, a cappella and contemporary pop - challenged the policy and legally of such actions.

Critics of the crackdown assert the enforcement is a violation of the First Amendment and is being done arbitrarily.

John Boyd, a legally blind African American baritone singer, and father of nine, was arrested last week. He has been issued nine summons over the last few months related to singing with potential fines totaling thousands of dollars. He was allegedly told by an enforcement officer that he wasn't allowed to sing a cappella.

"This is a first amendment issue and freedom of expression is very important to me," said Mr. Boyd, a 48-year-old former choir director from Detroit who had been signing in the park with his children for five years.

In an attempt to silence performers, on May 23rd the Central Park Conservancy and the Parks Department initiated a "Quiet Zone" near the Bethesda Fountain. The Central Park Conservancy began quietly installing signs around the Terrace announcing the area's new policy without any community input or partisipation.

“The introduction of enforcement of quiet zones, resulting in the loss of freedom of expression, is an intrusion on the public space,” Civil Rights attorney Norman Siegal said under the Bethesda Terrace Arcade. “It is unacceptable and impermissible.”

There are already seven other quiet zones in the park, including Strawberry Fields, Sheep Meadow and the Conservatory Garden.

"As far as I'm concerned it is within our legal rights, our constitutionally protected rights to keep playing," said vionlist Meredeth Rachel.

Ms. Rachel started an online petition to highlight the issue.

"Some people specifically come to the park to hear the musicians - to take a few minutes to rest - and enjoy the music before going about the rest of their day. Where else in the world can you hear a dixieland jazz band, then walk 100 feet to hear classical duets, string-influenced rock n' roll covers, a gospel choir, a favorite aria, or some of Brooklyn's best indie bands, all performing acoustically in open air for free?" she wrote.

“It’s called civil disobedience,” Mr.Olson who plays the hammered dulcimer told WNYC. “This is a public space, and they’re violating our free speech. We don’t accept this notion that they [the Central Parks Conservancy] give us permission to express our First Amendment rights. Our rights come from the Constitution.”

The story has garnered considerable attention around the world since the issue recently began to come to light.

Parks Department responses to the media have repeatedly claimed they have received noise complaints but have so far been unable to provide any documentation.

The press office has also stated that musicians attract crowds of up to 700 at Bethesda terrace, a number both the musicians and enforcement personnel dispute.

"Crowds of 700 regularly overwhelmed the terrace, completely blocked the stairs, and those trying to pass climbed on and damaged sandstone carvings on the side," Parks spokeswoman Vickie Karp wrote in an e-mail to the NY Post.

"That's not true. I don't where they got that from. If I know them they probably just made it up," said a PEP officer in the park.

"We'd love to have that. We'd be lucky if we get seven," said Mr. Olson. "They just want us out."

Last week the agency's press department released a photograph to the media showing a large crowd purportedly relating to the issue when in fact it had nothing to do with people gathering to hear the musicians.

Parks Department officials says crowds drawn by musicians like this are damaging the stairs at Bethesda Terrace according to DNAinfo which irresponsibly posted this and other misinformation without fact checking it or bothering to get a response from opponents. (Photo courtesy of the Parks Department via DNAinfo)

The Parks Department has said that the eight quiet zones only make up 5 percent of Central Park.

"The musicians have approximately 850 acres to use," Mrs. Karp stated. "All eight quiet zones amount to less than 33 acres. The public wants quiet zones and have repeatedly requested quiet places for passive enjoyment of the park."

Attorney Norman Siegal questioned the relevance and validity of such statements. He asked what percentage of the park is actually used by people for rest is included in the designated quiet zones. Central Park covers about 850 acres, but some areas are largely unused by park goers.

Park officials have also claimed the sounds from the un-amplified performers at Bethesda are harming wildlife and plant life throughout the park.

FREEDOM OF EXPRESSION: Attorney Norman Siegal joins performers in the Bethesda Terrace Arcade in Central Park on Sunday to protest a ban against performers in the park. (Catherine Yang/Epoch Times)

For more than a century, area around the Bethesda Terrace has been one of the cultural centers of Central Park. It has been home to thousands of talented musicians and street performers who contribute to the cultural fabric of New York City and complement the area's inspiring views.

Tourists and locals alike flock to the Terrace area, not only to admire the noted architectural elements amidst the pastoral beauty, but also to enjoy the performances of the musicians, and take part a uniquely New York experience.

Musicians have long been drawn to Central Park including to the acoustics of the historic arcade, also known for its Minton Tile ceiling which the Conservancy recently restored at a cost of $ 7 million dollars.

However "Quite Zones" aren't the only areas where musicians say they are feeling the crackdown.

Classical harpist Meta Epstein, 59, of Mill Basin, Brooklyn, says she has been repeatedly intimidated by park enforcement officers and Central Park Conservancy employees for playing on a grassless area along a path opposite the row boat concession near the Boat House.

Ms. Epstein won first prize at the Paris Conservatory of Music in the 1970s but she's afraid to play in the park.

The day after the press conference she was asked to leave the area again. This week she set up on a metal grate and held a silent protest displaying a sign.

She said on another occasion she was forced to leave an area across from the Boat House after a manager at the controversial eatery began yelling at her.

Tourist Zita Misley, a mother of three, said she'd noticed the "quiet zone" sign nearby, but hadn't quite got the point.

"Oh, I thought they put 'quiet zone' so that we could listen to the music!" she said when told of the park's campaign.

Plans to install a cafe in the historic arcade have recently come to light, leading to strong speculation that this is one of the reasons the city is pushing to clear out this area. According to plans obtained by NYC Park Advocates, the highest price on the menu is for alcohol.

Mr. Siegal said he plans to contact the lawyers Parks Department and the Central Park Convervancy lawyers to see if this “growing controversy can be amicably solved.”

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New York's Central Park gives musicians the boot

(AFP) - June 12, 2011 - By Sebastian Smith

No Radios by the Fountain, Please! Or Cellos!

New York Times - June 5, 2011 - By Colin Moyniyan

Park music-ban protest

New York Post - June 6, 2011 - By Vinita Singla

Street musicians protest Central Park's new quiet zones that ban singing, strumming

New York Daily News - June 6th 2011 - By Lillian Rizzo

Musicians fined for performing in areas of Central Park

WABC - June 5, 2011 - By Lucy Yang

Central Park Musicians Plead the First

The Epoch Times - June 5, 2011 - By Catherine Yang

RAW VIDEO: Park Performer Protest

WPIX - June 5, 2011

Bethesda Fountain Is Now For Quiet Drinking, Not Music

gothamist - June 5, 2011 - Garth Johnston

Musicians Perform in Central Park to Protest 'Quiet Zones'

DNAinfo - June 5, 2011 - By Tim Gorta

Central Park Musicians Protest Crackdown

My Fox - June 5, 2011 By Mat Alverez

Musicians Protest Central Park's "Quiet Zones" Crackdown

WNBC - June 6, 2011

Musicians Protest New ‘Quiet Zones’ In Central Park

CBS - June 5, 2011 - By Dave Carlin

Musicians Out Cafe In Central Park Bethesda Music Crackdown

A Walk In The Park - June 5, 2011

Musician Crackdown At Central Park's Bethesda Fountain

A Walk In The Park - May 29, 2011

Media Advisory

June 4, 2011

Central Park Musicians Protest Crackdown

Prohibiting Performing • Challenge Policy & Legality

What: Press Conference: A diverse coalition of musicians and singers speak out against the City's recent crackdown prohibiting performing near Central Park's Bethesda Fountain. The crackdown has resulted in numerous summonses being issued and an arrest. Performers say they have been repeatedly intimidated by park officials and threatened with arrest and confiscation of instruments. On May 23, The Central Park Conservancy and the Parks Department initiated a "Quiet Zone" near the Bethesda Fountain, home to a wide variety of musicians.

Who: Performers, children, seniors and Civil Rights attorney Norman Siegel.

Where: Bethesda Terrace, Central Park - (located in middle of the park at 72nd Street near Bethesda Fountain)

When: Sunday, June 5th - 11: 30am.

Summary: Classically trained musicians and singers - accompanied by Concert Harps, Hammered Dulcimers and guitars, and representing a variety of musically tastes and styles including gospel, classical, jazz, a cappella and contemporary pop - call on the City and elected officials to abandon the recent crackdown prohibiting performing in Central Park. Musicians have long been drawn to the area including to the acoustics of the historic arcade, also known for its Minton Tile ceiling which the Conservancy recently restored at a cost of $ 7 million dollars.

In an attempt to silence performers, on May 23rd the Central Park Conservancy and the Parks Department initiated a "Quiet Zone" near the Bethesda Fountain. The Central Park Conservancy began quietly installing signs around the Terrace announcing the area's new policy without any community input.

Critics assert the enforcement is a violation of the First Amendment and is being done arbitrarily. One baritone singer, John Boyd, a legally blind African American and father of nine was arrested last week. He has been issued nine summons over the last few months related to singing with potential fines totaling thousands of dollars. He was allegedly told by an enforcement officer that he wasn't allowed to sing a cappella.

"This is a first amendment issue," said Mr. Boyd, a 48-year-old former choir director from Detroit who had been signing in the park with his children for five years.

The story has garnered considerable attention around the world since the issue recently began to come to light.

Background: For more than a century, area around the Bethesda Terrace has been one of the cultural centers of Central Park. It has been home to thousands of talented musicians and street performers who contribute to the cultural fabric of New York City and complement the area's inspiring views.

Tourists and locals alike flock to the Terrace area, not only to admire the noted architectural elements amidst the pastoral beauty, but also to enjoy the performances of the musicians, and take part a uniquely New York experience. Some people specifically come to the park to hear the musicians - to take a few minutes to rest - and enjoy the music before going about the rest of their day. Where else in the world can you hear a dixieland jazz band, then walk 100 feet to hear classical duets, string-influenced rock n' roll covers, a gospel choir, a favorite aria, or some of Brooklyn's best indie bands, all performing acoustically in open air for free?