Birdcage employees were emailed formal layoff notices following union recognition, say they will “move forward” with unfair labor practice claims

Despite Birdcage Comics Cafe staff and its co-owner Daniel Whitfield’s successful union mediation last Saturday, the cafe is currently closed after Whitfield sent “emails of formal layoffs,” Sunday, July 27, according to a recent worker-led social media post. Union representatives have called the move “unlawful retaliatory termination.” 

Although Whitfield claims to have support to re-open the cafe, the beloved venue's future is unclear as workers push back.  

Two meetings between staff and Whitfield occurred last Saturday, July 19. While Saturday's first attempt was unsuccessful, Kelley Bader of the Inland Empire Labor Institute said both parties worked to resolve the issue later that afternoon. 

“There was good faith on both sides, and they got a lot done,” Bader said.

Although workers returned to work Monday, July 21, hopeful to rebuild the Birdcage community, staff aspirations may languish amid layoffs and soured employer-employee relations. 

Following a worker-led fundraiser celebrating their success last Friday, July 25, Whitfield sent formal layoff emails two days later. The Inland Empire Labor Council issued a statement supporting Birdcage workers on social media, Tuesday, July 29. 

“As workers held a fundraiser in support of the cafe after receiving recognition, [Birdcage] management was preparing to close the cafe and fire all employees,” the statement said. “We won’t accept anti-worker narratives that pin the workers for the business’ financial gain. Workers did not ask for wage increases in their demands and instead were committed to improving working conditions to continue their work at the cafe.”

Birdcage workers and Whitfield declined to provide further comment. 

Whitfield, originally apprehensive, appeared to change course, exhibiting a good faith effort to negotiate with staff. Recent events, however, have undermined prior progress.

While workers initially decided not to officially file any unfair labor practice (ULP) against Whitfield with the National Labor Relations Board (NLRB), electing to offer him the chance to reconcile, Birdcage staff and union representatives now seem less accommodating. 

According to a timeline published on Instagram, a union representative responded to Whitfield's layoff emails, citing “unlawful retaliatory termination,” Sunday, July 27. In response, Whitfield requested for staff to meet “as soon as possible” to “save their jobs.” 

The following day, Whitfield emailed staff, stating that while he “had multiple parties willing to come aboard,” he offered assurances the cafe would not reopen without them. 

After multiple failed attempts to meet with Whitfield, a union representative informed him that Birdcage staff will file ULP's with NLRB and disclose the workplace harassment they experienced.  

In response, Whitfield said he has “strong leads on keeping the cafe open,” apologized and added that he believes “no matter what happens we will find a way through this, and the doors will reopen.”