Marking a departure from other non-contracted campus eateries, the new Central Campus restaurant, The Devil’s Bistro, will be run by Bon Appétit Management Company but staffed with non-union workers.
Hundreds of workers in the Durham-based union Local 77 work in housekeeping, facilities management and dining services on campus. In Dining, Local 77 employees only work in non-contracted vendors run by Bon Appétit, such as The Great Hall and Marketplace. The University’s employment of these union workers, particularly in Dining, has drawn sharp criticism over the years for relaxed work rules outlined in the contract between Duke and the labor union.
For The Devil’s Bistro, Dining Services has selected Bon Appétit to manage the new eatery but opted to hire independent workers to staff it, Local 77 General Manager Michael Gibson confirmed.
Now, the union plans to file a complaint against the University’s decision to employ independent workers, Gibson said.
“We think that’s a violation of the current contract and labor law, and we’re going to oppose it, of course,” he said. “We believe we should prepare the food in Dining Services. We will use the means that are legally available to us to ensure that we have workers in it.”
Bon Appétit Resident District Manager Michael Aquaro said the management company is not required to work solely with union employees, though most of its eateries are staffed with Local 77 workers thus far. He added that Bon Appétit did not determine who staffed the restaurant.
“Duke went through the standard process of having the operation be contracted out to a vendor and Bon Appétit and workers were selected,” he said.
Gibson said current union workers have not received the news favorably.
Vice President for Campus Services Kemel Dawkins said the decision to hire independent laborers is unrelated to concerns about staff ability or union work rules, which mandate, among other things, a cap on work hours. Current Bon Appétit eateries do not operate past midnight, and most close before 9 p.m.
“Contractually, Duke has the right to bring on other eateries and other labor,” Dawkins said. “On Central, we decided to go with a different approach and dining concept—comfort food, many hours, seasonal employment—and for that reason, we chose Bon Appétit.”
The University’s contract with Local 77 workers defines a full-time schedule as a 40-hour work week, according to an April 2009 memorandum titled “The State of Dining at Duke University,” written by junior Mike Lefevre, Duke Student Government chief of staff. The stipulation reduces flexibility in adjusting shift schedules. Additionally, Duke has historically offered year-round employment to full-time union workers.
Gibson could not be reached for further comment Monday.
The memorandum also notes that employees are considered tardy—and not absent—if they arrive less than four hours late to an 8-hour shift. Workers are considered to have taken an early departure if they leave an 8-hour shift more than four hours in. An employee is dismissed after 18 tardies or early departures.
From Dining’s list of 16 vending contractors on campus, Bon Appétit best matched the restaurant’s logistical needs as a nine-month business, Director for Dining Services Jim Wulforst said.
“We wanted to have someone who is part of the Duke family running the location,” Wulforst said. “It’s a seasonal Bon Appétit location with Bon Appétit employees.”
Two longtime Bon Appétit managers will run the new restaurant. General Manager Andrew Craven and Executive Chef Tyrone Hall have worked in the Marketplace since November 2009. They previously worked in the Duke Diet and Fitness Center.
The Devil’s Bistro is slated to open April 2 after being repeatedly postponed because of inclement weather and construction setbacks. The delay also led to the resignation of more than half of the 12 hired employees, Wulforst said.
“We’re in the process of filling those holes,” he said. “Now we’ll open for 30 to 45 days and then close. A lot of employees aren’t interested in such a short working period.”
The Devil’s Bistro may serve as a model for a new dining structure to help alleviate the internal problems and deficit in Dining, said Steve Nowicki, vice provost and dean of undergraduate education.
“Instead of fix after fix after fix, I’d really like to see us break through and do something very systemic,” he said. “What I can do is push on tangible things, like the Bistro.”
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