Workers at Taco Bell in San Jose went on strike Wednesday, accusing the fast-food restaurant of providing unsafe working conditions and limiting hours.
Employees at the Taco Bell location near the corner of S. King Rd. and Tully Street. claiming that the temperature in the kitchen rose to almost 90 degrees, and claims that the company failed to repair the restaurant’s air conditioner. They also complain about gas leaks in the kitchen.
Employees also accuse Taco Bell of cutting hours while hiring new workers. The location, a joint Taco Bell and KFC, closed its front doors during an afternoon picket, but the drive-thru remained open.
In response to the allegations, a Taco Bell corporate spokesperson released a statement saying, “The safety and well-being of team members is our top priority at Taco Bell. The franchise owner and operator of this location is currently investigating and working to address any concerns raised by taking away team members.”
The concerns come about a week before a California Department of Industrial Relations board meeting where members will vote on a proposed safety order related to heat illness prevention in indoor workplaces.
The proposed standard would require indoor workplaces to be cooled to below 87 degrees when employees are present. In places where workers wear protective clothing or are exposed to radiant heat (such as stoves), temperatures should be below 82 degrees.
The new rules would also extend to schoolswhere teachers, administrators, cafeteria workers and other employees can work without air conditioning.
A similar proposal was put to a vote in March but was canceled by the Occupational Safety and Health Standards Board.
“We’ve had many conversations with the governor’s office since then,” said Lorena Gonzalez, the chief executive officer of the California Labor Federation. “We have been assured that we will have a heat standard this summer.”
“The code is quite detailed and explains the types of actions an employer must take,” said Robert Ovetz, associate professor at San Jose State University. He noted that Wednesday’s strike is within the rights of Taco Bell employees, regardless of whether they are represented by a union.
“Labor law allows workers to take action on issues of unsafe workplaces even if they do not have a union contract. Often union contracts contain some sort of safety/hazard clause that sets up some sort of negotiation between the employer and the union. But workers who do not have a union – and these workers do not have a union – may take immediate action if their workplace is unsafe,” Ovetz said. “If you fail to take action and go to government agencies, it can often take weeks or even months before an inspector is called. By then, the workers have already been harmed. So in labor law, employees have the right to take measures. And it is actually protected. They cannot be fired or punished for any reason if they participate in an unfair labor strike.”
The Occupational Safety and Health Standards Board will vote on the proposal on June 20.
