As House dining shakeup nears, food workers take fight to court

WASHINGTON — The union representing nearly 200 House food-service workers has filed lawsuits against two vendors set to open for business this summer on the Capitol campus.

The suits were brought earlier this month in D.C. Superior Court and come amid a larger pressure campaign from the union, including a boycott they hope will gather support from members of Congress and staff.

They allege FCW Investments LLC, which will run a Jimmy John’s in the Rayburn Building, and Elite Management Group, which will operate a Starbucks out of the former Dunkin’ in the Longworth Building, are failing to comply with a local law that protects some workers from displacement when contracts change hands.

“The simple fact is every one of these contractors should be offering existing employees their jobs,” said Jesse Seitel, an organizing director at Unite Here Local 23, the House food service workers’ union. “We hope that these companies come to their senses.”

The new dining options were first announced by the House Chief Administrative Officer in May in an overhaul of the existing options. Rather than a single contractor — Sodexo — managing much of the food on the House side of the Capitol, the CAO announced several new vendors would be setting up shop. That means a more varied selection for members, staff and visitors. But it’s also forced workers and the union to negotiate with multiple vendors at once, an anxiety-inducing experience for some of those hoping to keep their jobs.

Some of the new vendors have done more than others. Metz Culinary Management, which will manage House cafeterias, and Trade Center Management Associates, which will run in-house catering, in particular, have made efforts to hire union workers, according to Seitel. But the Jimmy John’s franchisee and the group operating the Starbucks location have not, he said. As Sodexo makes its exit from the Capitol complex, he estimated between 20 and 30 workers were still without jobs.

Both lawsuits were filed July 18 and call for existing union workers to be retained by the incoming vendors. One was filed on behalf of Jerry Kelly, who works at the Subway location where Jimmy John’s will soon open, according to the lawsuit. Neither Kelly nor any of his former Subway colleagues have received an offer to work at the Jimmy John’s, which is scheduled to open this September in the same spot.

The second suit was filed on behalf of Porshia McCullum and Veronica Sanders. Both have worked for Sodexo in the House for “many years,” according to the filing.

“On information and belief, the Company has not offered employment to any of the current workers at the Dunkin’ Donuts,” the lawsuit states. “It has not offered employment to or even reached out to contact either Plaintiff McCullum or Plaintiff Sanders.”

Initial scheduling conferences for both are set for Oct. 17.

The lawsuits are part of an ongoing campaign from the union to retain union jobs and benefits. Last year, the union ratified a contract that boosted pay, including a new starting hourly wage of $22.15 which would have increased to $24.15 by the end of the contract term.

Earlier this month, workers held a rally near the Capitol to raise awareness. And on Wednesday, they held a press conference calling on members of Congress, staff and visitors to boycott vendors who had not yet complied with union demands.

On their boycott list are Starbucks, Jimmy John’s, PX Tacos, Java House, CHA Street Food and Black Crown Collective, all of which are set to open on the Hill in the coming weeks.

Black Crown Collective was the lone vendor to respond to a request for comment for this story. Their owners, Sam Deur and Drago Tomianovic, said they were planning to operate out of the former Cannon coffee cart location with a small crew of just them and two workers, who they said were hired from the union.

“Bringing them onboard was important to us so that we could retain their experience and familiarity with the space and respect their contributions … while maintaining a manageable team size for our growing small business,” the owners said in an email.

Asked if they would honor the terms and benefits of the union contract, they wrote:

“While we are a small, locally owned business, we have taken steps to make sure that our employees receive a livable, competitive pay. Their benefits do include health insurance, paid time off, and paid sick leave.”

Seitel noted that Black Crown Collective had been in touch with the union. But he said communication from others on the boycott list has been lacking and would not rule out further lawsuits. “It would not surprise me if we take similar action,” he said.

Meanwhile, support for the workers is building on the Hill, at least among House Democrats. Reps. Jamie Raskin and Glenn Ivey, both of Maryland, and Donald S. Beyer Jr. of Virginia met with workers at their rally earlier this month. And members of the Congressional Labor Caucus led a letter to the incoming vendors in June — signed by more than 100 House Democrats — demanding they rehire the workers, recognize the union and honor the benefits they negotiated in 2024.

The strength of that contract — including wages, health insurance and retirement benefits — has led some to speculate the new vendors may be avoiding union workers to save on personnel costs. But that’s no excuse for not hiring union workers, said Rep. Donald Norcross, D-N.J.

“They were fully aware of the existing conditions on campus, what the wage rates were,” the Labor Caucus co-chair said last week. “And they chose to submit a bid.”

Meanwhile, confusion has gripped the workforce, according to Seitel and McCullum.

With so many vendors to negotiate with, Seitel said the union is having trouble deciphering who has been offered a position and who is being shut out. And while the larger vendors have made many offers, some are concerned those jobs won’t be there in the long term.

Through a spokesperson, TCMA said they “fully intend to recognize UNITE HERE Local 23 as the representative of catering bargaining unit employees.” But there are still questions about what pay and benefits will look like even for those who have received offers.

A spokesperson for the CAO, the office that oversees day-to-day operations of the House, declined to comment. Hiring decisions are at the “sole discretion of the incoming vendors,” the CAO has previously said.

McCullum, for one, does have an offer to continue working in the House for Metz, even as she attempts to hold on to her position in the space that will become Starbucks. But pay and benefits remain a question, and some of the workers feel they were an afterthought in the House dining shakeup.

“I just hope that everything gets sorted out,” said McCullum. “But it’s sad how people who are in a position of power, they don’t look at all parties involved when they do things. And it’s affecting everyone.”