Uncategorized
Rabbi arrested, banned from Cleveland universities over his anti-Palestinian activism
(JTA) – For days, students and police at Cleveland State University had been trying to figure out who stole a banner belonging to a campus Palestinian rights group.
The banner, which belonged to the student group Palestinian Human Rights Organization, read “CSU Solidarity for Palestinian Rights” and was illustrated with an outline of Israel, the West Bank and the Gaza Strip collectively emblazoned in the Palestinian flag. A dove holding an olive branch appeared on top of the image.
Then, on Jan. 19, police charged their top suspect: a local Orthodox rabbi, whose presence on campus had become all too familiar. A few days later the man confessed to the theft on Instagram, announcing that he had stolen the banner from the school’s student center “as an act of civil disobedience.”
“This incitement to annihilation of Israel should have never been permitted at CSU,” Rabbi Alexander Popivker, a 46-year-old Cleveland Heights resident whose neighborhood is six miles from the school, wrote on social media accompanied by a picture of the flag he stole.
It was far from Popivker’s only recent run-in with local university students.
A former Chabad-Lubavitch emissary in Naples, Italy, who now works in the Cleveland area as a handyman and part-time rabbi for a Russian-speaking Jewish community, Popivker has become known around town as a vigilant and omnipresent pro-Israel advocate. He can often be spotted counter-protesting at local pro-Palestinian demonstrations, or putting on displays of his own, with his wife Sarah on hand filming every contentious encounter.
One major theme of his protests, and his worldview, as he explained to the Jewish Telegraphic Agency: “Palestinians and Nazis are the same thing.”
For the last year, Popivker had been making weekly trips to Cleveland State, occasionally accompanied by other students or community members, to give public demonstrations that elaborate on that idea — sometimes with the aid of swastika-emblazoned props. In the early going, the university provided him with police protection and said his visits to campus were protected by free speech laws.
But he also sought out students online and in-person whom he deemed to be “brainwashed” by anti-Zionist messaging. One such online campaign against a law student prompted the student to file an order of protection against Popivker last fall, an order supported by a prominent Jewish dean at the university. Popivker promptly violated the order by returning to campus.
Cleveland State University main campus, Cleveland, Ohio. (Getty Images)
In late January, university authorities had enough. They arrested Popivker and, following a hearing, declared him persona non grata on campus, banning him from the university grounds for at least two years. Popivker has also been banned from nearby Case Western Reserve University, where he had advocated before focusing on Cleveland State.
In the midst of a nationwide university climate in which pro-Israel advocates claim Jewish students face regular antisemitic harassment for their real or perceived Zionist beliefs, here was a documented case of the opposite: a Jew and outspoken Zionist, who has no affiliation with the schools at which he advocates, accused of harassing anyone he perceived as a threat to Israel, including students who had never sought him out directly.
The Ohio chapter of the Council on American-Islamic Relations has spoken out numerous times against Popivker and praised university police for arresting him; a petition the group backed, labeled “Stop harassment on campus” and mentioning Popivker by name, has garnered close to 700 signatures.
Jewish groups, including civil rights groups, have been less forthcoming about situation. Hillel International declined to comment for this story, and the directors of Cleveland’s regional American Jewish Committee and Jewish Community Relations Council offices did not return requests for comment. Jewish on Campus, a nationwide university antisemitism watchdog group that tracks what it defines as anti-Zionist social media harassment of Jewish students, also did not return a request for comment.
Jared Isaacson, the executive director of Cleveland Hillel, told the Jewish Telegraphic Agency that the center was “not very familiar with this story.” Cleveland Hillel coordinates Jewish student life at a consortium of Jewish universities including Cleveland State and Case Western, where its student center is located, as well as at least one other school where Popivker has made his presence on campus known in some form.
But, Isaacson said, “Cleveland Hillel is deeply committed to countering antisemitism and hate in all forms, and we believe that no student — Jewish or otherwise — should ever feel threatened or intimidated because of their identity.”
Popivker says he has support from the New York-based Lawfare Project, which bills itself as an “international pro-Israel litigation fund.” He told JTA that the organization “is watching over my cases and providing guidance.”
In a statement, the Lawfare Project called Popivker “a Jewish civil rights activist” but did not confirm that it is backing him, saying only that the group is “currently reviewing the matter.”
The group, which frequently files lawsuits on behalf of students who allege antisemitism on their campuses, said in a statement to JTA that the order of protection was a “double standard” that “should be alarming to anyone who cares about the fight against Jew-hatred.”
Lawfar recently settled a multi-year lawsuit with San Francisco State University over student reports of antisemitic harassment on campus stemming from anti-Zionist activists disrupting an event featuring the mayor of Jerusalem. The settlement compelled the university to hire a coordinator of Jewish student life.
Popivker will have his work cut out for him if he fights the charges. He had exhibited “behavior detrimental to the university community” by stealing the Palestinian banner and separately affixing an Israeli flag to university property, Matthew Kibbon, Cleveland State’s associate vice president of facility services, wrote in the university’s decision declaring him persona non grata.
The rabbi “was not banned for the content of his speech, but how he chose to exercise it,” a Cleveland State spokesperson told JTA in a statement. The university also provided JTA a list of recent campus police interactions with him, including the initial Jan. 11 report of the banner’s theft; Popivker’s visit to campus on Jan. 18, during which police advised him that the student’s order of protection did not permit him to be there; and his return visit on Jan. 25, during which he was arrested.
From Popivker’s perspective, he is simply speaking out on Israel’s behalf for a campus that has a large pro-Palestinian activist presence but few Jewish students. (There are fewer than 200 Jewish undergraduates on Cleveland State’s campus out of 11,784 students, according to Hillel International.) His goal is to educate, he says, informed by his status as a Jewish refugee from the Soviet Union. And he believes he is being targeted by local pro-Palestinian activists, who, he said, have gone after his kippah and Israeli flags.
“I never attacked anyone. I never raised my hand up to anyone,” he told the Jewish Telegraphic Agency, saying that he was motivated by civil rights icons Martin Luther King Jr. and John Lewis. “I’m going to a public university. I’m staying in the free speech zone. And I raise awareness about what’s going on. There’s a bunch of students that have become my friends that come to study with me regularly.”
One of those students, senior Tyler Jarosz, told JTA he became friends with Popivker after seeing him visiting campus to advocate for Israel. Not knowing much about Jews or Israel himself — “I thought Israel was a very peaceful state,” Jarosz said — the student was taken with Popivker’s demonstrations and said he learned a great deal from them.
“He didn’t just lecture me like a teacher would,” Jarosz said. “He was actually very engaging. He asked questions.”
Jarosz said he never witnessed the rabbi harassing anyone on campus, and said he always tried to engage people in peaceful dialogue, despite what he described as harassment directed at him by some Muslim students. He recalled one Popivker visit to campus for Israel’s independence day, when the rabbi was offering falafel to students, and said he witnessed one student throw the falafel back at him and threaten to “rape” him.
Other students tell a different story. One campus paper, the Cauldron, reported that the rabbi has targeted visibly Muslim and Arab students on campus, demanding to know their views on Israel. Popivker “makes me wary of coming into campus,” a student member of the Palestinian Human Rights Organization group told the Cauldron. “I’m forced to be on constant edge and take the longer way to class in order to avoid him.” Another student told a different campus newspaper, “It’s almost as though he deliberately looks for Palestinian individuals just to target them.”
The chair of the law school’s National Lawyers Guild student chapter told the Cleveland Jewish News that their group’s efforts to engage Popivker in reasonable dialogue failed when he began using “racial slurs and insulting language.”
A swastika Alexander Popivker drew on a Palestinian scarf (alleged by some students to be a keffiyeh, or ritual Muslim prayer scarf) while mounting a pro-Israel demonstration on the campus of Cleveland State University. Popivker then shared the image to his Instagram, Feb. 3, 2023. (Screenshot)
In images from one Popivker demonstration, the rabbi can be seen drawing a swastika with a Sharpie marker on what the Cauldron reported was a keffiyeh, a scarf worn by Arabic men, but which Popivker told JTA was a Palestinian scarf with no spiritual significance. He has also yelled phrases including “Palestinians are Nazis” and “Palestinians are the KKK,” and constructed a stage with images further linking Palestinians to Naziism, according to reports. Popivker’s own Instagram videos show him approaching groups of students to argue about Israel as he films them, calling some of them “terrorists” when they go after his flags. One of his video captions mentions “a Middle Eastern looking student.”
Cleveland State increased its safety protocols as a result of Popivker’s activities, locking some additional entrances around campus. But much of his activities have been online, too.
Last fall Popivker trained his attention on a law student who was involved with campus Palestinian rights groups and had made some anti-Israel posts online, including sharing an image of a child whom pro-Palestinian groups claimed had been a victim of an Israeli bombing, and sharing a socialist group’s post quoting, “From the river to the sea, Palestine will be free.”
Documents show that Popivker emailed and called the student’s employer and law school seeking to have her disciplined for her beliefs, writing among other things that she was a “mouthpiece of terrorism and racism against Jews.” He also made Instagram posts targeting her. In response, the student filed for and received the order of protection against him, which Popivker later claimed was unwarranted because he had never met the student in person.
In its statement to JTA, the Lawfare Project homed in on this sequence of events, saying that Popivker’s decision to email the student’s school and employer about what he believed to be antisemitic social media posts was “a tool routinely used by civil rights activists to fight discrimination.”
Popivker asked Jarosz to send a letter attesting to his character for the order of protection hearing, which he did. “Alex understands and respects everyone of every background that he comes across,” the student wrote in his letter. “I have personally witnessed the demonization they have done of him.” Speaking to JTA weeks later, Jarosz said the court case was “bogus,” but said he was unaware of the emails, social media records and phone transcripts reviewed by JTA showing that Popivker had contacted the student’s employer and school.
At the order of protection hearing, a transcript of which Popivker sent to JTA, a key witness who advocated for the restriction was law school dean Lee Fisher, a former attorney general and lieutenant governor of Ohio. Fisher is Jewish.
“We share a hatred of antisemitism,” Fisher told Popivker during the hearing, according to the transcript. The dean also identified himself as “pro-Israel, very much so.” But Fisher made clear he was critical of Popivker’s activities on campus. Asked by Popivker about a specific social media post the student had made, Fisher responded, “Even if she made a mistake by posting it, it did not warrant the kind of reaction I believe that you had.”
Fisher had also met with Popivker previously, in a session mediated by a local rabbi who was a friend of Popivker. “I told him that I was concerned for the health and safety of our students,” the dean said during the hearing. He had implored Popivker to stop his campus activities, but the rabbi refused.
It’s the initial order of protection, which Popivker said had already effectively banned him from campus, that the rabbi says he truly opposes. He saw it as evidence that “they were basically working together with Palestinians” to “cover up the fact that they have an antisemitic group that openly propagates a destruction of Israel.” Popivker visited campus several times after receiving the order of protection but was permitted to stay with only a warning from campus police, Jarosz recalled.
This state of affairs lasted until the rabbi stole the Palestinian student group banner to, he said, “shine a light on this antisemitism.” Popivker described to JTA how he entered the student building, walked up to the third floor where he knew the banner was, and used scissors to remove it and take it with him: “Clip, clip, clip.” He was subsequently thrown in jail — his second such stint in Cleveland for pro-Israel activities, he said, criticizing local law enforcement for not providing him with kosher food while he was behind bars.
Outside of campus, Popivker is active in other areas. Last year, he organized a GoFundMe to support the family of a former classmate of his who was killed by an Islamic State supporter in a terrorist attack in Beersheba, Israel. He also applied to fill a January vacancy on the Cleveland Heights city council, but later withdrew his application.
After being barred from Cleveland State University, Rabbi Alex Popivker took to holding his anti-Palestinian protests on a street outside a local casino. (Courtesy Popivker)
While Popivker may preach nonviolence, his social media activity points to more radical ideologies, as well. On Instagram, he has shared an image of the flag of the Jewish Defense League, an extremist Jewish group that advocates violence against enemies of Jews, founded by convicted terrorist Rabbi Meir Kahane, as well as an image with a logo of Im Tirtzu, a right-wing Israeli group that has in the past been accused of inciting violence against Israeli human rights groups. Popivker told JTA he is not a member of either group, but that “if I think it’s aligned with what I believe in, I’ll share it.”
Popivker says that, for now, he’s done with his brand of “civil disobedience” and won’t be making his weekly visits to Cleveland State’s campus. “I do have five wonderful boys and a loving wife, and as much as Cuyahoga [County’s] jail is an educational experience in life in many ways, I do not want to go there every week,” he said.
Instead, days after his arrest and campus ban, Popivker posted a photo of himself with an Israeli flag to social media — this time outside a casino a mile away from campus.
—
The post Rabbi arrested, banned from Cleveland universities over his anti-Palestinian activism appeared first on Jewish Telegraphic Agency.
Uncategorized
Fire at Mississippi’s largest synagogue under federal investigation after arrest
A suspect is in custody as authorities investigate a weekend fire that damaged Mississippi’s largest synagogue, which has been attacked before.
The fire broke out around 3 a.m. Saturday at Beth Israel Congregation, the only synagogue in Jackson, the state capital. Investigators said the blaze originated in the synagogue’s library, burning it and the offices. Soot and smoke damaged the rest of the building, including the sanctuary.
Two of the synagogue’s Torahs, kept in the library, were burned in the fire; another five in the sanctuary were damaged. An additional Torah, rescued from the Holocaust, was behind a glass case and survived the fire.
“At this time, we do have a person in custody for the fire,” said Division Fire Chief Charles Felton, who is overseeing the investigation. The arrest was made at about 8 p.m. Saturday, he said.
Felton said the FBI is now involved and is expected to pursue federal charges, including determining whether the fire qualifies as a hate crime. Local authorities made the initial arrest before federal investigators stepped in, he said.
A reporter who was inside the building before federal authorities secured the scene described extensive damage. Allen Siegler, a reporter with Mississippi Today, said the interior was “very dark and ashen.”
“It was wet — puddles of ashes,” Siegler told the Forward.

Jackson Mayor John Horhn said the fire was an attack not only on the Jewish community, but on the city itself.
“Acts of antisemitism, racism, and religious hatred are attacks on Jackson as a whole and will be treated as acts of terror against residents’ safety and freedom to worship,” Horhn said in a statement. “Jackson stands with Beth Israel and the Jewish community, and we’ll do everything we can to support them and hold accountable anyone who tries to spread fear and hate here.”
A congregation shaped by fire — and defiance
Beth Israel Congregation, which counts around 150 member families, has anchored Jewish life in Jackson since the Civil War, its history closely tracking both the growth of the city and the persistence of a small but visible Jewish community in Mississippi’s capital.
Founded in the early 1860s, the congregation built Mississippi’s first synagogue — a modest structure on South State Street that doubled as a schoolhouse. It burned in an 1874 fire, a common fate of 19th century wooden buildings, though the cause of the fire is not recorded. The congregation built a new brick structure on the same site, dedicated in 1875.
As Jewish families moved within Jackson, Beth Israel moved with them, relocating first to Woodrow Wilson Avenue and, in the 1960s, to its current home in northeast Jackson.
By the mid-20th century, Beth Israel had become the largest Jewish congregation in the state and a familiar civic presence in a predominantly Christian city — a visibility that brought both belonging and risk.
In September 1967, Ku Klux Klan members bombed the synagogue just weeks after the building was dedicated, damaging the rabbi’s office and library. The home of Rabbi Perry Nussbaum, a vocal supporter of the civil rights movement who had helped the Freedom Riders, was also bombed shortly afterward. No one was injured, and the congregation held High Holiday services in the building that same year.
Rabbi Valerie Cohen, who led Beth Israel from 2003 to 2014 and is now at Temple Emanuel Sinai in Worcester, Massachusetts, said the echoes between past and present were impossible to miss.
“The majority of the damage is in the same place as the bombing,” said Cohen, 54.

The fire felt especially disorienting, she said, because she had been inside the building just days earlier.
“That made this moment sad and surreal and awful,” Cohen said. “I was just there last Shabbat, officiating at a wedding for one of my bar mitzvah students from there that is all grown up now. I participated in the Torah study on Saturday morning in the library, led by their current spiritual leader.”
Cohen described Beth Israel as “very resilient throughout the years” and “very integral” to the Jackson community, noting that many non-Jewish residents know the synagogue through its longtime preschool and annual bazaar.
Despite the damage, congregants say Jewish life in Jackson will continue.
Tamar Sharp, 67, a member of Beth Israel since 2006, is scheduled to celebrate her adult bat mitzvah this coming Shabbat — even if it must be held in a borrowed space with a borrowed Torah.
“Absolutely,” Sharp said. “The show must go on.”
The post Fire at Mississippi’s largest synagogue under federal investigation after arrest appeared first on The Forward.
Uncategorized
An arsonist torched a Mississippi synagogue. It feels hauntingly familiar.
A Mississippi synagogue has just been destroyed by hateful actors – and it is not the first time.
I am talking about what happened Saturday morning. An arsonist set fire to the historic Beth Israel Congregation in Jackson, Mississippi. By the time the flames were extinguished, much of the building was destroyed and rendered unusable.
According to reporting by Mississippi Insider, the fire tore through parts of the building, damaging sacred objects, prayer books, and decades of communal memory. Firefighters were able to prevent a total collapse, but the synagogue — founded in 1860 and one of the oldest Jewish congregations in the state — will not be able to function as a house of worship for the foreseeable future.
I am experiencing historical déjà vu. On September 18, 1967, white supremacists bombed Beth Israel in retaliation for the civil rights activism of its rabbi, Perry Nussbaum. Rabbi Nussbaum was a visible ally of Black leaders in Jackson, including Medgar Evers, and his moral courage made him a target. Shortly thereafter, they bombed Rabbi Nussbaum’s home as well. He survived. The building was rebuilt.
Those attacks followed a grim and unmistakable American tradition. For several years, I served The Temple in Atlanta, and congregants still spoke in hushed tones about where they were on the morning of October 12, 1958, when The Temple was bombed by white supremacists angered by Rabbi Jacob Rothschild’s outspoken support for civil rights. That bombing is often remembered as the most infamous attack on a religious building in American history, but what many forget is that it did not stand alone. In the year leading up to it, synagogues in Miami, Nashville, Birmingham, and Jacksonville were also bombed.
Synagogues have succumbed to flames throughout Jewish history. On Kristallnacht, November 9–10, 1938, the Nazis and their collaborators burned or destroyed more than 1,400 synagogues across Germany and Austria. That night was not a spontaneous riot; it was a dress rehearsal for annihilation. And the line of fire stretches further back still, to the Roman destruction of the Second Temple in 70 CE, and before that to the Babylonian destruction of the First Temple in 586 BCE.
Beth Israel is not just a building. It is a witness. It is a repository of Jewish persistence in a place where Jews have lived as a tiny minority for generations, carving out space for faith, community, and civic engagement in the Deep South. To see it burned is to feel a familiar Jewish nausea, the sickening recognition that this story has been told before — far too many times.
Beth Israel in Jackson burned on Shabbat, coinciding with the Torah portion of Shemot, as we read in the book of Exodus about the burning bush — a bush that burns but is not consumed by flames. Such is Jewish history.
An American tradition?
What disturbs me most is not only the act itself, but its familiarity.
I mentioned my time in Atlanta. I also served as a rabbi in Columbus, Georgia. When I look back on my career, I realize that I have spent no fewer than twenty years serving Jewish communities in the South — and yes, I include South Florida in that number.
During those years, I learned a profound respect for Jews in small Southern communities who tenaciously maintain their synagogues in the face of demographic shrinkage, economic pressure, and cultural isolation. When those synagogues close, as too many do, the community must make sure that there are homes for their Torah scrolls and ritual objects. This is sacred labor, often carried out quietly and without recognition.
Most Americans do not realize that a surprisingly large percentage of Reform synagogues in this country look far more like Beth Israel in Jackson than like the caricature of the large, affluent suburban congregation. The heart of Reform Judaism beats in small, struggling, historic communities. That is why the fire in Jackson sears the Jewish soul. It could be any synagogue. And in my darkest fears, I believe there will be more.
Right about now, some of you are saying, “Well, what did you expect? Look at what has happened in Gaza, and the Palestinians, and Netanyahu…”
If you are saying this, your foolishness betrays you. No one vandalizes Russian Orthodox churches in America because of Vladimir Putin. No one boycotts Chinese restaurants because of China’s persecution of the Uyghurs. And no one should ever suggest that victims of violent bigotry are responsible for the hatred directed at them. We would never say this about any other group. We must not say it about Jews.
The raw truth is what historian Pamela Nadell names so clearly in her indispensable new book, Antisemitism: An American Tradition.
Pamela does not only name and record the incidents of antisemitism that have occurred over the years. She shows that antisemitism is, in fact, an American tradition. It has always been with us, sometimes polite, sometimes lethal, often lying dormant like an autoimmune disease, flaring up when fear, desperation, and social change demand a scapegoat.
An issue for all faiths
Not only because of what has happened, but because of what I fear will follow — not only imitation, but silence. As I write these words, I do not know whether this arson will merit national attention, whether it will appear in The New York Times or vanish into the vast archive of shrugged-off hate. I hope my fears are wrong.
I also wonder who will speak. Will our most trusted chroniclers of American moral life take notice? I admire historian Heather Cox Richardson deeply, and I hope she will address antisemitism with the same moral clarity she brings to other threats to democracy. Because it cannot be that even in the warmest of hearts there is a cold spot for the Jews.
I often think of an artifact I have seen at the United States Holocaust Memorial Museum in Washington, D.C. It is a Torah ark ripped from the wall of a synagogue in Essen, Germany, hurled into the street. Carved into it are the words, “Know before whom you stand.” But those words were deliberately chiseled away by a vandal, as if to declare that there is no one before whom we stand, no God whose presence must be reckoned with — because we are destroying the place where that God so often comes to dwell.
That is why I am turning now to my readers who are not Jewish. I am calling on Christian pastors, Muslim imams, and religious leaders of every tradition to denounce what happened in Jackson this coming weekend. Because just as we rightly said when Black churches were burned, any attack on a house of worship is not only an attack on one community. It is an assault on the very idea that holiness has a place in public life.
And that, ultimately, is an attack on God.
The post An arsonist torched a Mississippi synagogue. It feels hauntingly familiar. appeared first on The Forward.
Uncategorized
Can Breads Bakery workers really demand that the Israeli owners cut ties with Israel? Labor experts weigh in.
(New York Jewish Week) — The news that workers at Breads Bakery, an Israeli chain in New York City, were demanding “an end to this company’s support of the genocide happening in Palestine” as part of a union push has triggered concerns among those worried about surging anti-Israel sentiment in the United States.
“This is going to spread,” Deborah Lipstadt, the former United States special envoy for monitoring and combating antisemitism, wrote on X Thursday. “This is not spontaneous, This is part of an effort to marginalize Jews and Israel.”
But is an Israel boycott as a union demand even possible to achieve? Do workers have rights when it comes to protecting their beliefs about Israel? What role are unions playing in anti-Israel advocacy? And what might happen next at Breads?
To answer these questions, we reached out to two labor scholars — Harry C. Katz, the director of the Scheinman Institute on Conflict Resolution at Cornell University, and Samuel Estreicher, an attorney and scholar on labor and employment law and arbitration law at New York University. We also visited a rally by Breads’ supporters on the Upper West Side on Friday afternoon.
Here’s what we learned.
Is it common for workers to press for political concessions as part of their unionization efforts?
The Breaking Breads workers are doing something unusual, Katz said. He said he was not aware of other examples of employees making demands related to Israel as part of a unionization effort.
“There are unions who have taken out political stances, but the stances are ‘we oppose the Netanyahu government,’ or ‘we oppose the invasion of Gaza,’ ‘we are sympathetic to BDS,’” he said. “They’re allowed to take that stance, but they have not done what you’re asking about.”
Of course, unions can and do use their might to advance political agendas. But that often happens in the advocacy space, with unions reminding decision-makers that they represent a powerful voting bloc, not in bargaining within individual units.
The insertion of Israel demands in a unionization announcement reflects an anti-Israel swing within swaths of organized labor in the United States and beyond.
In December 2023, United Auto Workers, the union that Breaking Breads has filed under, became the largest union to call for a ceasefire in Gaza. It was a sharp departure for the union, which had previously been staunchly supportive of Israel.
In March 2025, UAW came to the defense of two members at Columbia University who had been involved in pro-Palestinian protests there, including Grant Miner, who headed a union chapter representing 3,000 undergraduate and graduate students employed at the school before being expelled.
The “assault on First Amendment rights being jointly committed by the federal government and Columbia University are an attack on all workers who dare to protest, speak out, or exercise their freedom of association under the US Constitution,” UAW said in a statement at the time.
UAW national and the local group representing Breaking Breads, as the union is calling itself, both did not respond to a request for comment.
What are the chances of the Breads workers getting what they want when it comes to Israel?
Slim to none, Katz and Estreicher both said.
For one thing, it’s far from assured that Breaking Breads will even succeed in being recognized as a bargaining union. The employees announced that “over 30%” of Breads’ workers had signed onto the unionized effort, the minimum required under federal labor law — and far less than most unions announce themselves with.
The threshold allows the workers to petition the National Labor Relations Board to hold a union election. In an election, more than half of workers who participate must support the formation of the union for one to be created.
“Thirty percent is an extremely low level of support through the signing of authorization cards,” Katz said. “For them to say, ‘Oh, they have a bit over 30%,’ that suggests they’re going to have an extremely difficult time if this goes to an election.”
Then, even if the union does meet the legal threshold for recognition, Breads is under no legal obligation to engage on issues related to Israel.
“Workers don’t have a right to tell management what management wants to do with its own funds, or personal beliefs and political views regarding Israel,” Katz said. “The law requires bargaining in good faith about wages and other employment conditions. That’s the requirement.”
The workers are alleging a range of unfair employment practices, including low wages, irregular schedules and unsafe working conditions. If their union is recognized, Breads will have to negotiate a contract addressing those issues — and will have to comply or risk a strike.
But on the off chance that questions about Israel somehow make it to the bargaining table, “management can refuse to discuss it,” Katz said.
Breads has indicated that it does not believe political issues are appropriate fodder for negotiation.
“We’ve always been a workplace where people of all backgrounds and viewpoints can come together around a shared purpose, the joy found at a bakery,” it said in a statement responding to the announcement of Breaking Breads. “We find it troubling that divisive political issues are being introduced into our workplace.”
Estreicher put it simply: “They can say whatever they want,” he said about the workers. But Israel-related issues would never be considered a “mandatory subject of bargaining” like wages and working conditions, and workers could be fired if they strike over the issues.
Since there isn’t actually a union yet, can Breads just fire the workers making the anti-Israel demands now?
Some of Breads’ supporters have called for the company to fire the workers who are agitating against its ties to Israel.
“I don’t understand why the owners [don’t] simply fire the so-called unionizing staff. New York is an at-will employer. They’re creating a hostile work environment,” one commenter wrote on an Instagram post by pro-Israel influence Lizzy Savetsky decrying the workers’ demand. “There’s the door, ungrateful employees. Feel free to take a loaf with you on the way out.”
https://www.instagram.com/p/DTRF-49kXBW/?hl=en
But firing workers who joined Breaking Breads would be a problem, Katz said, even though they don’t formally have a union yet.
“Management often gets away, due to the weakness in the enforcement of our labor laws, … with the firing of union sympathizers and activists,” Katz said. “But that is technically illegal. It’s illegal for management to fire people because of their views towards the union or their activism within the union.”
Do workers have a protected right to refuse to work on a specific job that offends their beliefs, including about Israel?
One of Breaking Breads’ objections was to catering events that it said involved groups with ties to Israel or to producing custom loaves decorated with Israeli flags.
The question is not the same as the one that recently occupied the Supreme Court, when it ruled on cases about small-business providers — including a wedding cake maker — who declined to serve same-sex clients, citing religious beliefs.
Those cases were about whether the government could compel a business to create custom content that violates the owner’s beliefs — and the court ruled it could not. But workers do not have the same protections individually, nor do they have the right to impose their beliefs on their employer.
“It’s the employer’s business, not their business. That’s my position. I think that’s the legal position,” Estreicher said. “People have all kinds of views with different things. Anyway, an employer should be able to make clear that he makes the decision on who the customers are, and they can’t interfere with that.”
Workers would likely also have a difficult time seeking redress against their employer for serving specific customers against their beliefs, Katz said.
Contract violation claims go to third parties known as arbitrators, who rule whether management ran afoul of its contract with the union and what penalty, if any, should be applied.
As an example, Katz said, “A Palestinian employee says in this case: ‘I’m baking cookies that get eaten or sold at an event that supports Israel.’ I can’t imagine an arbitrator would say you have a right to refuse that kind of work.”
Estreicher said one Israel-related claim by Breaking Breads could be appropriate grounds for redress, if true. The workers said Breads had told workers they could not speak Arabic on the job — a demand that may run afoul of employment law.
“If they’re in public contact jobs, I think they can [have that rule], but there are legal issues about if they’re not in public contact jobs,” Estreicher said. “If they’re in the kitchen, having a prohibition would be problematic.”
What happens next at Breads?
When it comes to the unionization effort, it could be several weeks before there are clear developments. Employers can choose to recognize unions voluntarily, but if they do not, the National Labor Relations Board typically makes a decision about whether it will support an election within about 45 days. Elections are then held several weeks to months after that.
For now, the popular bakery appears to be reaping positive dividends from its workers’ dissatisfaction. Fans of the bakery and pro-Israel activists have asked the New York City Jewish community to buy their products, and even offered to work for Breads for free.
A few hundred showed up at a Friday gathering to buy a coffee or a snack and hang out at the Upper West Side location, called for by pro-Israel activist Shai Davidai.
“We are dealing with an ideological war, and that ideological war says that if you are a Zionist, if you believe that Israel has a right to exist, if you’re a proud Jew, then you don’t deserve to live here,” Davidai said.
Davidai stressed that the event was all about showing strength in numbers.
“We want to show here a Jewish, Zionist business, that we have their back, and they won’t be cowered by a loud and nasty minority that wants to ruin things for everybody,” Davidai said.
“This isn’t just about buying products,” he added. “So first thing, [almost] everyone who’s buying a product is wearing a sticker that says, ‘Zionist,’ right? So the cashier, the employees, the business owner, and everyone on the street sees that we are coming out as Zionists. We’re not hiding anymore.”
By about 12:10 p.m., the fast-moving line at Breads’ Upper West Side location had begun to wrap around the block. Parents had brought babies, and people of all ages waited in line, as new customers arriving at the scene ended their FaceTime calls — some in Hebrew, some in English — by describing the scene to the person on the other end of the line. Some customers came alone and met new faces while waiting in line; others came with friends.
“Today, they are not just trying to bite the hand that feeds them, they’re trying to gnaw it off,” said Judy, a longtime Upper West Side resident who declined to share her last name, about the workers. “That’s what I was thinking all last night. It’s preposterous. It’s ludicrous. It’s beyond reproach.”
Colleagues Marc Rodriguez and Max Lippman waited in the middle of the line, and, like many, were hoping to land one of Breads’ award-winning babkas.
Rodriguez, who is not Jewish or Israeli but whose wife is both and whose children are Jewish, said he felt obligated to support the store, which he is a fan of and had been to in Israel. He brought a small Israeli flag, and wore one of the “Zionist” stickers that Davidai had handed out.
“I want to support the store, support the owners, and I want to remind the workers over here who is supporting this store, and who is patronizing the store,” Rodriguez said. “I think it’s a nice, respectful way to show support. We’re not shouting, we’re here. We’re all smiling, happy, talking. And also, I’m so excited for carbs.”
Lippman, who is from the Upper West Side, heard about the call to head to Breads on social media.
“In general I’m pro-union,” he said. “But once part of that is saying that they’re anti-Zionist, that seems unnecessary. It’s an Israeli-owned bakery. We’re here to show our support. It seems unnecessary when forming a union to state your beliefs on Israel. It doesn’t matter who the owners are,” Lippman added. “We’re just here to support the bakery and the babka makes that easy.”
The post Can Breads Bakery workers really demand that the Israeli owners cut ties with Israel? Labor experts weigh in. appeared first on The Forward.
