Unions & Bars

Punch came out with an article that summarizes the current situation developing at Attaboy NYC. The article also contains an interview with Zachary Gelnaw-Rubin, who’s been at the bar since six months after it opened. He goes over the union’s goals and how management hasn’t formally addressed their requests.

The Attaboy Union’s instagram account got some backlash from others in the industry, some even claiming that this would be the death of Attaboy.

I wanted to start a new topic that discusses the legitimacy of unions in cocktail bars, the history of unions and bars/why so few bartenders are part of unions, and the possible outcomes of the current situation at Attaboy.

On a personal note, I’m curious as to why the industry has been less than supportive of unionization. On the craft side of things, there’s been some progress towards better wages, healthcare, social acceptance, etc (however, there’s still a lot of room to improve), so it seems almost ironic that while on one hand some bar owners are advocates for social justice but on the other they are anti-union.

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Bars experience so much chronic, multifaceted precariousness, exacerbated by feast/famine cycles, that bunker/siege mentality must be hard to resist amongst owners and managers. I’ve noticed that industry veterans often hold rather strident opinions about what works and what does not. I don’t doubt many of those opinions were hard won, but I also don’t doubt they can become blinders.

Two topics that seem to be similarly triggering are minimum wages and tipping culture. These topics clearly relate to the same fears.

If unionization sweeps through the bar world and wipes a lot of them out through rancor and/or inability to sustainably adapt, I suppose that would be tragic. Or would it? Perhaps the established business model we have isn’t that great in the first place and it’s time to try something else?

Of course, a huge portion of the angst and suffering around all this has nothing to do with bars, but our country’s stubborn refusal to address the health care problem. It’s like a giant wet blanket smothering us all. You take that away and all the parameters change.

[edit: to be 100% clear, I have never owned or managed or worked at a bar, so my comments should be taken as merely outside perspective]

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We discussed this on Monday’s USBG regional virtual call (with a suggestion of having a discussion about it through the USBG Education Committee that does not involve a union leader with a vested interest in their job representing the union). The commentary included competition: if a bar is forced to provide more benefits, they must raise prices to pay for it, and consumers will start to adjust their spending habits to what they can afford and what the market bears especially if their neighbors are not unionized. Unions work for bartenders in hotels, resorts, and casinos better than in small establishments. The track record for bars unionizing is a deterrent as it is viewed as a death sentence (owners will sometimes preemptively close up shop than try to operate under new pricing or negative income). It does boil down to what the union requests are on the owners and managers, and how that affects the rest of the operation’s viability as a whole. Profit margins are rather small, so the amount of wiggle room isn’t there like it would be in manufacturing. Also, the results have to make it worthwhile for the staff to pay the monthly union dues (unions aren’t free after all).

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Yeah… rock meet hard place.

On one hand, @martin brings up the larger issue in this case which is due to lack of living affordability and the complete and utter travesty that is U.S. healthcare. Are there examples of bar unions or failure to unionize outside of the U.S.?

It would be great if bar staff could unionize but, reflecting the points you brought up, it seems that the bar-business-model isn’t hearty enough to both make a profit and be open to unions. Which, if I’m being honest, really really sucks.

Regarding the Attaboy situation, I hope they can compromise before things get too outta hand. The cultural/management issues appear like something that can be hashed out and remedied but living wages for BOH and better healthcare might be harder to accommodate.

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Is this not just admitting that the business model isn’t hearty enough to not depend on the exploitation of employees?

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I mean… I’d say yes but that would just be one man’s opinion. I think the current bar model sorta-kinda works because it’s part of a larger exploitive system. Not to mention all the greed and emotionality with which people respond to progress like unionization.

But I’m not an economist nor a business person, so I can’t say I have a good solution that could be implemented on a bar-to-bar level. I also don’t think it’s as impossible to unionize a bar as some say it is. A lot of past failures are cited but without a detailed explanation as to why the union was the cause of a bar closing. We need to get creative with how bars manage their finances or how to organize some workers’ protections within the bar context.

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Perhaps we aren’t giving Zach enough credit, not just for what he’s trying to do, but how he’s trying to do it? He’s a veteran not just of the industry, but of the “Petraske school,” he knows these programs inside out, and seems to think this is sufficiently viable/worth pursuing that he’s putting in the work and sticking his neck out in the process?

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I completely agree, not only is he jeopardizing a lot but he’s being rather polite about it. I imagine that Zack, Sam, and Michael know each other quite well and have many shared stories. Like he said, this isn’t about shitting on Attaboy management, by most bar’s standards they’re doing their best but this could be a good opportunity to show how unions can work in a bar if everyone is on the same page.

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It’s funny, I seem to remember the leading lights of the cocktail renaissance very unhappy at unionised venues (Rainbow Room! Bemelmans!). And now people who have enjoyed front row seat to the renaissance, including 20 years plus of non-unionsed bars, are now siding with the would be unionised bartenders. I don’t know, friends…

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Yes, irony is omnipresent.

Twenty years ago, the frustration with union bars was their resistance to change. In reality, part of that frustration was unmotivated personnel, and part of that frustration was corporate. Unionization complicated the picture, but it’s not as if labor unions were lined up in opposition to better drinks.

Twenty years later, much water under the bridge.

First, we sort of won. To a significant extent, union bar programs have adopted Cocktail Renaissance ideas, in some cases to a fault. Some of us have even learned that, on the one hand, maybe the crusty old guys had actually figured a thing or two out; on the other hand, that our neo-speakeasies and “craft cocktail bars” had their own limitations.

Second, we’ve witnessed a fair bit of carnage. Bartenders we’ve known have struggled with life, burned out, developed addictions, and in some cases, died.

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We’ve unfortunately had a lot of bar industry people die here too, in civilised countries with a functioning healthcare system. I don’t think unionised bars will fix that, because unions really don’t address the underlying issue.

I don’t know. Here in Europe, the worst bars are still, by a wide margin, unionised (hotels, mostly) and their employees are not better taken care of (or rather they usually have more days off but their wages are lower for reasons I won’t get into here). I am, of course, entirely unaware of the subtleties of the American system but I have a very, very hard time thinking this is an adequate solution to what really looks like a systemic issue that indies can’t really shoulder.

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The only way out of this that I see is to provide everyone with Universal Basic Income. That will fix most issues. With the addition of affordable healthcare and adequate time off, that would solve another set of issues.

As an aside, many bartenders are akin to EMTs. They thrive on the stress of the job, but it also leads to early burnout in some cases.

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I highly recommend any who is interested in this topic to check out this episode of Cocktail College. I think it contributes a generally pro-union perspective to this discussion while still taking into account the perspective of bar owners/managers.

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Hadn’t realized they’re calling their union “Death & Co Workers United.” I used to be Death’s coworker, but now I’m partnered with Decrepitude.

In my past life I was a union organizer. I helped win an election at my workplace, was part of the contract committee, and was later shop steward. Despite this I would describe myself as more pro-labor than pro-union. Pro-union would be accurate at well, but I feel like sometimes gets interpreted into an automatic anti-management stance. Which I think sort of falls into this flawed binary choice that I think people have of labor-management relations.

Ultimately the goal of most unions goes just beyond money. A large portion of my time as shop steward actually dealt with things the company already had a federal or state legal obligation to do. Denying someone FMLA leave illegally is something you can fight back against without a union, but most people aren’t automatically aware of the procedure or that they have those legal rights to begin with.

I have no comment specifically about Attaboy specifically as I have no insider information other than I’ve enjoyed my drinks there. My general experience working in the hospitality industry, however, is that a union is the closet thing that you’re going to get HR in an environment that often flaunts legal requirements and romanticizes a toxic workplace.

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Giuseppe Gonzalez posted on Instagram, today, on the unionization question with a general summary of “why forming a union on a small business is usually a horrible idea”. Nothing I or you haven’t heard/read before one way or other, but expressed in his inimitable manner and at a level of detail that doesn’t appear in this thread as of yet.

  1. Small businesses live on flexibility. We know this. “Yo can you cover?” “Yo can you switch?” “Yo can you jump on bar for 30 minutes?” That’s how you survive when you’re not a corporation with a 40-page operations manual and a payroll department that lives to say “per policy…” Big unionized businesses? Everything’s scheduled. Everything’s regulated. Availability is a contract, not a conversation. And the contract doesn’t give a single fuck about your emergency. It cares about the clause. That’s how big companies fuck you without raising their voice. They just point at the paper. You have created the tools for your own destruction. And if it happens enough times… you die.

  2. Seniority is where the whole thing starts to rot. Because now the best people stop getting rewarded. There’s no real merit system. No “oh shit, you’re great,
    let’s build around you.” Nah. Now it’s: no matter how hard you work… the dickhead who’s been there longer gets whatever they want. Better shifts. Better schedule. More grace when they fuck up. And you? You can be the one carrying the place on your back and it still doesn’t matter, because you don’t have enough years on your resume. Good people aren’t going to wait five years to maybe get a stable schedule while watching a washed-up vet coast through life like a union-protected houseplant. And if it happens enough times… you die.

  3. Margins are already thinner than my patience at closing. This only makes it worse. What does that mean? It means everything gets uglier in the places you can’t see on Instagram. Hours get longer. Hours of operation shift need to change. Closing and openings turn into a daily clusterfuck because the math stopped mathing and now everybody’s paying for it with their spine and their sanity. Larger businesses can absorb that. They have slack. They have redundancy. They have a corporate cushion built out of other people’s misery. Small businesses don’t. Small businesses can’t afford to let anything slide anymore. Not a slow Tuesday. Not a broken freezer. Not a staff member who’s “going through it.” Not a single mistake because you made a union and now you are corporatized. And if it happens enough times… you die.

  4. The paperwork will beat you. Big businesses build whole departments just to feed the machine: grievances, meetings, documentation, formal process for every petty little thing. Eventually work feels like a courtroom of misery—everyone building a paper trail instead of building a business. That paperwork becomes a living monument to the adversarial system you thought would save you. For big businesses? Fine. For small businesses? You’re going to hate each other. Just wait til you need a Friday off and you can’t because you couldn’t put the request in time and can’t have someone else come in. You could but… You are creating the tools for your own firing. It happens enough times… You slowly die.

  5. There’s this cute fantasy that a union can ask for—and get—self-management. That’s a lie. It can’t happen. The moment you create a union, you create gatekeepers on both sides to enforce the agreement. That’s the whole point. Standards don’t “hold themselves.” Someone has to police them. Someone has to say no. Someone has to be the bad guy. And in a bar/restaurant? Daily chaos is guaranteed: call-outs, POS outages, payroll fires, scheduling, vacations, customer meltdowns, staff meltdowns. There is no real model where management disappears and the place magically runs itself like a co-op monastery in Williamsburg. This is probably the most insulting to my intelligence. Sometimes a union is necessary because management is trash. But that tension is sometimes necessary evil in smaller businesses —or you’re doomed to institutional failure. It happens enough times… You slowly die.

  6. Pivoting stops being a decision and becomes a negotiation. Change hours? Menu? staffing model? service style? Now it’s bargaining season—and it all has to be documented. And when the money gets tight and you need to adapt fast, you can’t. You’re crippled. Your landlord doesn’t accept “we’re still negotiating” as rent. Small businesses beat the larger ones because they can move asymmetrically and take chances. I promise you that the second you try to get 20 fucking people to agree on something… you are fucked. This is a reality of what happens when you institutionalize a democracy in a capitalist model. It don’t work yo! It happens enough times… You slowly die.

  7. A strike can kill a small business dead. Big companies can bleed for months. Small businesses? Fuck no. You want to strike? Cool. Does your union have enough money to carry you for two months? No? Then you’re not striking—you’re just going broke as fuck. So you pick up another job to subsidize the strike, and the next bar you apply to looks at you like, “Fuck that bro.” Everybody gets fucked… Employees and ownership. Nobody wins. Your only point of leverage is basically a gun to the fucking head. This is the most insane thing to me… and nobody acts like that’s a possibility. Bruh… It happens enough times… You slowly die.

  8. Firing the wrong person becomes a whole damn ceremony. “Just cause” protections can be good—until the bad fit is poisoning a tiny team and you’re stuck performing legal theater to remove them. Big unionized places have HR, lawyers, and insurance to eat the settlements that almost always show up. A small business doesn’t. What’s the solution? Something that is not even an issue anywhere (like showing up late or a single bad Yelp review) else becomes weaponized. Every person you hire has to work out regardless of competency. No pressure bruh. We forget that the team you currently love and the culture you have are built on many small failures in hiring. It’s takes a lot of mistakes to end up with a winning squad. It happens enough times… You slowly die.

  9. I love capitalism but sometimes I don’t. Guess what happens when you have to pay
    more for things… Especially now! Prices have to go up. Customers pay for everything. But when labor costs rise and prices rise, most guests don’t say “I support workers.” They say, “Fuck this,” tip less, complain more, and somehow expect miracles. They DGAF. Service gets worse because the model shifts. Big businesses go volume: flip
    tables, churn bodies, survive on throughput. A 50-seat cocktail bar built for actual experiences can’t do that. Now it’s higher prices, shorter time limits, less menu, less magic-because the clock is running and the numbers don’t care about the vibe. It happens enough times… You slowly die.

  10. Only 2.7% of all unions that exist in America are less than 30 employees. Even less if you are a hospitality model. I actually could not find one. Can someone give me one example? There is a reason for that and it’s not because some big fucking boogey man is out on these streets trying to bust every union. You are not pioneering something that has not been tried before in all kinds of other industries. You ain’t Rosa Parks here. Come on bruh. Y’all sound like the motherfuckers that think vaccines don’t work and that the Artemis Mission was a psyop. They are all dead.

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  1. “Small businesses live on flexibility.”

The irony of some of the examples he gives are they are actually things I fought FOR as a union rep. The ability to cover shifts, the ability to switch shifts, etc…

“And the contract doesn’t give a single fuck about your emergency.”

If flexibility and part time work is a part of your industry then it will likely be written into whatever contract you agree to. Ultimately employees want flexibility as much as management. Many times they just want it more structured and transparent than whatever improvised system is currently in place.

  1. “Seniority is where the whole thing starts to rot. Because now the best people stop getting rewarded.”

This is probably one of the most common anti-union arguments and it falls apart if you look at how most unions operate. MLB has one of the most famous unions of all time and players get called up or demoted all the time. Actors are famously unionized and yet still directors get to pick who stars in a play or movie.

“There’s no real merit system.”

Yeah, there is. It’s called promotion. If you make someone a manager they won’t even be in the union anymore and you can pay them whatever you want.

If you want to keep them as an employee them give them bonuses or a specialized position for workplace accomplishments that are important to you.

Where I worked you got extra pay for good reviews and employees who did well were chosen for higher paying private events (both pre- and post- union.)

“dickhead who’s been there longer gets whatever they want. Better shifts. Better schedule. More grace when they fuck up.”

If you have a “dickhead” who works for you that’s on you and your hiring/training practices. And if you have one in a union environment you can still fire them. If they’re sincerely a bad employee it’ll still be relatively easy to do.

In addition, union workplaces with competitive pay and benefits result in more applicants which gives more opportunity to hire overall better employees. If you hire someone who can’t carry their weight you usually have multiple months of probation before they get comprehensive union protection.

It is true that seniority does usually get taken into account for mass layoffs and salary increases, but that’s also prevalent in non-union workplaces as well. And if employees are all in the same classification with the same standards being enforced across the board why wouldn’t that be the case?

  1. “Margins are already thinner than my patience at closing.”

There’s no way to really address it, because a lot of this just entails taking that statement at face value. No one denies running a business is hard, but so is working a job without decent pay or benefits.

If your business is financially on the rocks then by all means tell the union that and give them the numbers. That’s a pretty normal part of contract negotiations and it will inform the final agreement.

  1. “The paperwork will beat you.”

Most union issues are handled in conversation and the amount of paperwork you have will likely be relative to the size of your business.

The irony of this particular argument is that most paperwork I had to do as a union rep contained less writing than the majority of posts on his instagram page.

I’m not going to pretend that having a union workplace won’t result in some increase in paperwork, but conflating more structured procedures with living in a bureaucratic nightmare isn’t an accurate representation of what it’s actually like.

“You’re going to hate each other. Just wait til you need a Friday off and you can’t because you couldn’t put the request in time and can’t have someone else come in.”

Ironically I’ve had this issue more in non-union workplaces than in union. Similar to a point I made earlier, employees don’t want less flexbility in shift coverage; they just want it to be more structured and transparent than whatever improvised system is currently in place.

  1. “There’s this cute fantasy that a union can ask for—and get—self-management.”

I’m not really sure what this one is getting at. It sounds like he’s mudding up the concept of a union with the concept of a worker’s co-operative.

“The moment you create a union, you create gatekeepers on both sides to enforce the agreement.”

That’s a reasonable description of a union workplace with union reps and management…

“There is no real model where management disappears and the place magically runs itself like a co-op monastery in Williamsburg.”

… but then swerves to this which is not. There’s no counterpoint since this whole section is just muddled.

  1. “Pivoting stops being a decision and becomes a negotiation. Change hours? Menu? staffing model? service style? Now it’s bargaining season—and it all has to be documented.”

This is a good time to point out why union contracts exist. They’re not actually a legally required part of being a union. You could actually just debate each individual issue as they come up.

Both union and management prefer a contract because

a) it allows everyone to get back to work instead of stopping and starting with each issue

and

b) in addition to protecting union rights it also includes clauses protecting MANAGEMENT rights.

The clauses can be formatted in different ways, but here’s a link with one example.

https://www.necanet.org/docs/default-source/labor-relations-conference/labor-relations-bulletins/lr-bulletin—managements-rights—10-2024.pdf?sfvrsn=2b47ef27_3

In short contracts counterbalance the effects of management decisions and usually advocate for employee input, but also solidify management’s right to make essential business decisions.

  1. “A strike can kill a small business dead.”

In theory, yes? In reality it is not a common thing. Most workforces are very reluctant to strike and only do it as a final measure.

Ironically he sort of makes this point himself by saying striking can present a financial hardship to striking workers.

  1. “Firing the wrong person becomes a whole damn ceremony… Big unionized places have HR, lawyers, and insurance to eat the settlements that almost always show up.”

This is simply false. If lawyers and settlements “almost always show” up when you fire someone then that’s on you and you need to take a hard look at how you’re running your business.

Ironically, having a union grievance process can decrease the odds of lawyers getting involved since it also documents the behavior that led to someone’s termination and prevents companies from firing employees without just cause.

“Every person you hire has to work out regardless of competency. No pressure bruh.”

This is also simply false and goes back to my response to number 2. You’ll have a greater range of potential employees to choose from, you’ll most likely have a multi-month probation period, employee retention for the employees you do like will be higher, and you’ll STILL be able to fire bad employees.

  1. “I love capitalism but sometimes I don’t. Guess what happens when you have to pay more for things… Especially now! Prices have to go up.”

This is true, but also true for non-union workplaces as well. Ultimately he’s describing the hard balancing act that all businesses (small or large) face. If the only way to make the numbers work is to underpay and overwork your employees while expecting unrealistic schedule flexibility then you’ve created an unrealistic business model.

  1. Only 2.7% of all unions that exist in America are less than 30 employees. Even less if you are a hospitality model.

I’ll first say there’s no source for this stat given and I can’t find one online, so can’t speak to its accuracy.

That’s a moot point, however, as misleadingly conflates bargaining units with unions. The total membership of the union is actually often composed of multiple bargaining units. Many of which are less than 30 people.

In a roundabout way he’s inadvertently making a point that I agree with. That it’s likely more sustainable long term for there to be a larger union for bartenders composed of different bargaining units for each bar. Ultimately that’s a good long term goal that starts with unions being created individually at the workplace.

“You ain’t Rosa Parks here. Come on bruh. Y’all sound like the motherfuckers that think vaccines don’t work and that the Artemis Mission was a psyop. They are all dead.”

I have no response to this except to say that’s one wild statement to type out.

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I appreciate the thoughtful rebuttal.

The rhetoric around labor and unions always overstates the fallibility of labor and wildly understates the fallibility of management. Management has always had more volume and reach for their default position of absolute control. And yet unions persist… “a necessary evil” as many have slighted it.

I’ve had a view from the sidelines of the four year unionization experiment at my wife’s legal services organization. Management was terrified, initially, but it has largely worked out. Bargaining happens too frequently, is time- and resource-consuming, and has many absurdities. The inherently antagonistic nature of bargaining is not a foreign concept to any litigator, although it’s a marked cultural shift when you’re negotiating with your own employees rather than opposing counsel. Still, the actual results of unionization have otherwise been positive in ways you can actually itemize. My general read is that the agony of contract negotiations can be thought of business diligence that otherwise gets short shrift in a non-union enterprise.

Obviously, there are differences between a legal services org and a bar—namely the former is much larger. However, the differences shrink somewhat if you compare a legal services org to a restaurant group. They’re still both services industry, money is always tight, and everything is a balancing act.

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Well… they made it farther than the Death & Co. union did. Guess now everyone has to buckle up and pray that cooler heads prevail.

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