The Via 313 Union Is Certified by the NLRB, but The Fight Continues | Eater Austin

"On Monday, July 7, 2025 the NLRB issued certification recognizing the workers at the North Campus location as the exclusive collective bargaining representative, which establishes the workers' right to collectively bargain and creates an expectation that the employer will bargain in good faith; the company told Eater it will seek NLRB review, stating, "The decision runs contrary to longstanding case law." It has been a long road: workers organized under Restaurant Workers United, held their first election in 2022, and—after conflict-of-interest objections by the employer that led both parties to agree to a new election—did not hold the follow-up election until 2025, the results of which were also contested, according to an NLRB blog about the ruling. In deciding to certify the union, the NLRB regional director addressed several employer objections: an allegation that a front-of-house manager had driven organizing in 2022 was rejected because the employee "has not been with the company since late 2022," the employee's role was deemed insufficient to create a conflict, and the organizing actions occurred outside the critical period between the first and second elections; an allegation that workers were too close to the voting area and influenced the election was found unsupported by the evidence presented; and owners' allegations that "the Union coercively polled, interrogated, and surveilled voters, created a hostile work environment, and defaced employee property" were ruled on two counts as lacking enough specificity to be proven. Employer complaints about prior hearings—that "the hearing officer showed bias, improperly refused to enforce subpoenas, sought privileged attorney-client communications, and made demeaning remarks"—were dismissed for lacking merit. As Elyanna Calle, the president of Restaurant Workers United, put it: "Workers have spent over three years fighting for a union in this store. As a previous employee here, I experienced firsthand the intense union-busting that took place. [The company] has spent an immense amount of time and resources trying to squash the union, but the people have spoken, and the law has played its course. We hope that [the company] cooperates and comes to the bargaining table in good faith. Together, we can implement real change and make this a restaurant where workers can thrive." The NLRB decision also reiterates established principles that "elections are not lightly set aside" and that the burden on parties seeking to overturn an election is "a heavy one." The employer signaled that the process to settle outstanding claims remains ongoing: a company spokesperson said, "Importantly, the Region will now resume its investigation into the unfair labor practice charge that [the company] previously filed. That investigation was temporarily paused while the parties proceeded through the election hearing process. Now that the hearing phase has concluded, the Region is actively reviewing the charge. If the NLRB finds merit to our concerns, the certification may ultimately be reversed. In short, there are still several steps remaining in this process." The employer also asserts it remains committed to upholding employees' rights to choose whether to unionize and that it will not retaliate against those who joined the union." - Courtney E. Smith