Modesto BJ’s union election fails. Workers cite misinformation from management
AI-generated summary reviewed by our newsroom.
- Modesto BJ’s union vote failed 30-57 amid worker claims of management misinformation.
- Workers cited tip-sharing policy and wage concerns as drivers of the campaign.
- Union organizers may seek re-election or file objections once NLRB reopens.
Workers leading a unionization effort at the Modesto BJ’s Restaurant & Brewhouse are alleging that misinformation from management impacted the results of the failed election.
The vote was held Sept. 26 and the result was 30-57 against unionization.
“While this is obviously not the result we hoped for, we are truly inspired by all of the BJ’s workers who stood up for what they deserve and I couldn’t be more proud of the way the labor movement showed up to support these workers,” said Will Kelly, executive director of the North Valley Labor Federation. “At the same time, I can’t help but be disappointed by the way BJ’s management willfully spread misinformation about unions and the unionization process and created divisions and mistrust within their own workforce.”
Kelly, who had been assisting the unionization effort, said he heard from workers about management spreading misinformation, including trying to paint Michael Williams — a server who has been leading the unionization efforts — as someone who was in the fight solely for his personal gain.
“Nothing could be farther from the truth, and the people who spread those rumors should be ashamed,” Kelly added.
Unionization efforts began in response to the company’s tip-sharing policy, which requires servers and bartenders to share a percentage of total sales to the rest of the employees. Servers believe this is done instead of raising wages for those staff, and it ends up sometimes taking money out of the servers’ pockets if they don’t get tipped proportionately.
Initially, the union was going to represent only servers and bartenders, but later all staff were included in solidarity.
“We respect our Modesto team members’ decision and are grateful to those who participated in the election,” said BJ’s Restaurants Modesto in a statement. “We want all BJ’s team members to know that we remain committed to listening to and working with them directly, and we will continue to foster our open-door culture where ideas and feedback are encouraged.”
NVLF and workers spent the week leading up to the election campaigning, talking to workers and hearing their concerns outside the building as staff came and left.
“I can’t speak for others, but I know that we did everything we could to talk to everyone, understand their concerns and build a union that would benefit everyone,” Williams said. “Clearly we still have work to do, but I’m not giving up on my coworkers.”
Workers can file for a reelection one year from the date of the first election. Or, they can file an objection within a week if they believe the employer broke rules that may have impacted the election results, which could allow them to have an earlier election. However, due to the government shutdown, the National Labor Relations Board is currently closed “due to a lapse in appropriated funds.”
Winning a union election is the first step. Then, newly formed unions need to successfully negotiate a first contract, which can take a long time — often a year or more after union recognition.
“Many successful unionization campaigns don’t make it on the first attempt, and as long as there are workers who want to make a change, we will be there to support them however we can,” Kelly said.
This story was originally published October 3, 2025 at 5:39 PM.
