El Milagro has settled allegations of labor law violations with Arise Chicago, the workers’ rights group representing workers at the local tortilla company.
In March, local officials with the National Labor Relations Board in Chicago issued a complaint alleging the company had threatened workers they could lose their jobs if they engaged in collective organizing. The complaint alleged that in one instance, El Milagro had threatened workers via its immigration attorney. The company was also accused of beefing up security in response to workers’ organizing efforts.
Rather than go to trial before an administrative law judge at the labor board, El Milagro settled the case with Arise Chicago, which has organized with tortilleria workers over a range of complaints related to their working conditions and pay.
Under the terms of the settlement, the company must post notices at five Chicago locations informing workers of their labor rights and promising not to interfere with them, according to labor board records.
The notice enumerates workers’ rights under national labor law, such as their right to form a union or organize with their co-workers. The posting states that El Milagro will not tell employees they could lose their jobs for organizing and that it will not threaten to report them and have their immigration status investigated.
“You have the right to discuss wages, hours, and working conditions with other employees and to voice workplace concerns and we will not interfere with that right,” the posting says in part.
El Milagro said in a statement it has “always complied with the law and will continue to do so.”
“Our company has an open door policy to address any employee concerns and we act accordingly,” the company said. “This policy reflects our values and commitment to continuous improvement in the workplace.”
In a statement, Laura Garza, worker center director with Arise Chicago, characterized the settlement as a victory.
“Had El Milagro not settled with the NLRB, they would have gone to trial, where they would have faced a mountain of evidence showing how, we believe, they illegally intimidated and retaliated against their workers for organizing,” Garza said.
“Rather than face that prospect, the company settled and will now have to clearly communicate to their workers that they indeed have the legal right to organize without any threats or retaliation.”
In spring 2022, the Illinois Department of Labor found El Milagro had committed “flagrant” violations of state labor law because workers there regularly worked without required meal breaks. The labor department fined the tortilleria about $11,000 over those violations.
The case was referred to the Illinois Attorney General’s office for enforcement, which said this spring it had not identified “provable criminal violations” in the case. “The burden of proof for criminal prosecution is higher and requires proof beyond a reasonable doubt,” a spokesperson for the attorney general said.
Other complaints filed by workers with the city’s Office of Labor Standards remain open. Department of Business Affairs and Consumer Protection spokesperson Elisa Sledzinska said the office did not comment on pending investigations.
El Milagro filed an unfair labor practice charge with the NLRB against Arise last winter; that case remains open. Arise Executive Director the Rev. C.J. Hawking previously characterized the charge as “completely frivolous.”
