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‘There was no time to sleep’: 4 Jews reflect on a year of helping Ukrainians at war
(JTA) — In the months after Russian tanks rolled into her country last February, the music largely stopped for Elizaveta Sherstuk.
The founder of a Jewish choral ensemble called Aviv in her hometown of Sumy, in the northeastern flank of Ukraine, Sherstuk had to put singing aside in favor of her day job and personal mission: delivering aid to Jews in Sumy.
“There was no time to sleep,” Sherstuk recalled to the Jewish Telegraphic Agency recently. “All my team members worked the same, 24/7.”
A year later, Sherstuk is still hustling as the Sumy director of Hesed, a network of welfare centers serving needy Jews in the former Soviet bloc. But she has also begun teaching music classes again, too — with performances sometimes held in bomb shelters.
Catch up on all of JTA’s Ukraine war coverage from the last year here.
Sherstuk’s story reflects the ways that Russia’s war on Ukraine has affected Jews in Ukraine and beyond. The conflict has killed hundreds of thousands, left even more in peril and fundamentally altered the landscape and population of Ukraine, forcing millions to flee as refugees.
But the war has also mobilized the networks of Jewish aid and welfare groups across Europe, leading to a Jewish organizational response on a massive scale not seen in decades. And Ukrainian Jews who have remained in the country have recalibrated their lives and communities for wartime.
Here are four stories about Jews who stepped in and stepped up to help, and a taste of the on-the-ground situations they found themselves in.
‘I was needed there’
Enrique Ginzburg, second from right, is shown with Ukrainian doctors in Lviv. (Courtesy of Ginzburg)
Since nearly drowning at 23, Dr. Enrique Ginzburg has felt he “had to pay back” for the extra years of life he was granted.
Now 65, the professor of surgery at the University of Miami’s Miller School of Medicine and its trauma division has lent his critical care expertise in Haiti, Argentina, Kurdistan and Iraq, in various emergency situations. But until last year, he had never been to a war zone.
The Cuba native felt drawn to Ukraine because his grandfather is from Kyiv, while his grandmother is from nearby eastern Poland. So early on in the conflict, he called Dr. Aaron Epstein, an old friend and the founder of the nonprofit Global Surgical and Medical Supply Group.
“Get yourself a flak jacket, a helmet, a gas mask and come on over,” Ginzburg said Epstein told him.
He has been to Ukraine twice under the nonprofit’s auspices, last April and July. Ginzburg’s explanation for why he flew across the world to put himself in danger: “I was needed,” he said.
His base was an emergency hospital in Lviv, a city located west enough that it became a major refugee hub. He consulted with front-line Ukrainian physicians, many of them young and inexperienced, and hospital administrators, watching the doctors in action. He also visited patients in hospital wards and helped to treat gunshot wounds and assorted combat injuries.
Ginzburg’s bags were packed with meaningful supplies. Some had been requested by his Ukrainian colleagues for medical use, mostly specialized catheters. But he also brought tefillin, the phylacteries used by Jews in their morning prayers. Ginzburg, who studied in a yeshiva while young but no longer considers himself Orthodox, wrapped them every day while in Ukraine.
Even though Lviv was far from the fighting, he could hear air raid sirens and the explosion of the Russian missiles, sometimes feeling the earth shake. When intelligence reports warned Ginzburg’s medical team of impending missile attacks, they sought refuge in safe houses.
“Today,” he told the Miami Herald last June, “I was calling my life insurance [company] because I have young sons and my wife, so I’m trying to make sure I have good coverage.”
By the end of his trips, Ginzburg lost count of the number of doctors he helped train and the number of patients he saw. “I’m sure it’s hundreds.” He plans to make a third trip sometime this year.
‘This is our new reality’
Karina Sokolowska is the director of the American Jewish Joint Distribution Committee’s activities in Poland. (Courtesy of the JDC)
As the director of the JDC, or the American Jewish Joint Distribution Committee, in Poland, Karina Sokolowska has heard countless harrowing stories over the past year. But one sticks out in her memory.
It involved an elderly Ukrainian couple she met at the Poland-Ukraine border in late spring. The husband was in a wheelchair, and Sokolowska helped push him — back towards Ukraine. They had spent three months in a shelter in Poland but eventually “realized we cannot go looking for jobs, we cannot restart our lives. We are too old,” the woman said.
“If they are to die, they’d rather die back home,” Sokolowska said. “It’s a story of hopelessness. They are so vulnerable.”
Last year, about 8 million Ukrainian refugees made their way to Poland, the bordering country that accepted the most refugees. Early on in the conflict, Sokolowska contacted and visited Jewish communities throughout Poland, investigating the availability of places where the soon-to-be-homeless refugees could be housed. She also traveled to some of the border crossings where the Ukrainians entered, to arrange transportation to venues in Poland and to oversee the conditions in which the refugees would begin their new lives.
Later she would help with, among other things: arranging legal advice for the people who arrived with few identification documents; lining up medical care and drugs; finding them short- and long-term housing; connecting them to psychological counseling; providing kosher meals; and even caring for the refugees’ pets (“dogs and cats with no documents”).
According to JDC statistics, the organization “provided essential supplies and care” to 43,000 Jews in Ukraine and “aided 22,000+ people” there with “winter survival needs … more than double the amount served in previous years.” The welfare organization also claimed to provide “life-saving services” to more than 40,000 refugees in Poland, Moldova, Romania, Hungary, Bulgaria and other European locations. It also helped evacuate about 13,000 Jews from Ukraine. (Israeli Foreign Minister Eli Cohen recently said 15,000 Ukrainian Jews in total have immigrated to Israel since the start of the war.)
Karina Sokolowska, JDC director for Poland and Scandinavia sits in her office down the hall from a hotline room, in early March 2022. (Toby Axelrod)
At the height of the refugee flood, Sokolowska said her monthly JDC budget ballooned to more than what she previously spent in an entire year. Her office went from having a few employees to over 20. The amount of sleep she got decreased in tandem; she started taking sleeping pills to get rest when she could.
“This is our new reality” in Poland, she says of the JDC work with Ukrainian refugees. “This is our life now.”
Sokolowska, the granddaughter of Yiddish-speaking Holocaust survivors, became active in Jewish life during college, when a classmate heard her pronouncing some German words with a Yiddish accent and persuaded her to lead the Polish Union of Jewish Students. As JDC director for Scandinavian countries in addition to Poland, she typically organizes educational conferences and helps Jewish families learn about traditions they had not learned while growing up in the communist era.
Today, her sense of optimism has been ground down.
“Everything changed when war came to Ukraine — there is less hope,” Sokolowska said. “It’s a totally new everything. Every aspect of our life changed. Our hope for this to be over soon is going down, down, down. Nothing will change.”
‘It could [have been] me’
Tom and Darlynn Fellman volunteered in Krakow in October 2022. (Courtesy of Tom Fellman)
Sometime in the late 1890s, Harry Fellman, about 20 years old, left his home in Ukraine. According to family legend, he was a sharpshooter in the Ukrainian army and was about to be sent into active combat. Instead, he emigrated to the United States and settled in Omaha, Nebraska, where he became a peddler.
His grandson Tom Fellman — whose middle name is Harry — doesn’t know all the 120-year-old details, but he knows that he is grateful that Harry Fellman decided to leave Ukraine when he did.
“It could [have been] me, if my grandparents had not left when they did,” said Fellman, a successful real estate developer and philanthropist in Omaha.
In October, at 78 years old, Fellman made the reverse trip across the Atlantic to pitch in to the relief effort. He also wanted to pay what he sees as a debt to the memory of his late grandfather and to help the current generation of Ukrainian Jews.
He and his wife Darlynn served as volunteers for a week at the Krakow Jewish community center, joining hundreds (possibly thousands) of volunteers from overseas who have gone to Poland and the other nations in the region over the last year to participate in humanitarian programs on behalf of the millions of Ukrainian refugees. Fellman worked nine hours a day with a half-dozen fellow foreign volunteers in the basement of the community center, transferring the contents of “big, big” sacks of items like potatoes and sugar into small containers to be distributed to refugees in the building’s first-floor food pantry. His wife spent her time in an art therapy program that was set up for the refugee mothers and children to raise their spirits.
Fellman is “not particularly religious” but supports “anything Jewish.” In 1986, he accompanied a rescue mission plane of Soviet Jews headed to Israel. “It was the most rewarding experience of my life,” he recalled.
Fellman says he plans to return to Poland, in June, for the JCC’s annual fundraising bike ride from Auschwitz to Krakow.
What did his friends think of his septuagenarian volunteer stint? “They thought it was cool,” he said. “But none of them are going too.”
‘Everything was a risk’
Elizaveta Sherstuk runs a branch of Hesed, a network of welfare centers, in Sumy, Ukraine. (Courtesy of Sherstuk)
Sherstuk’s parents would have sent their daughter to a Jewish school in her early years if they had had the option. But Jewish education was not permitted In Sumy during the final years of communist rule in the Soviet republic. Sherstuk was exposed to Jewish life only at home.
Her parents infused her with a Jewish identity, she said, and her grandparents used to talk and sing songs in Yiddish. That inspired Sherstuk’s first career as a singer and a music teacher, during which she founded Aviv and took it on tour throughout the region singing traditional Jewish songs. Later, she became the director of Sumy’s branch of the JDC-funded Hesed network.
Sumy, an industrial city with a population of 300,000 before the war situated only 30 miles from the Russian border, was one of Russia’s first targets. In the days before the pending invasion, Sherstuk stockpiled food, which was certain to become scarce in case of war, and arranged bus transportation to safer parts of the country for hundreds of vulnerable civilians, mostly the elderly and disabled. The bus plan fell through for safety issues.
As the bombing started, it became dangerous for members of the local 1,000-member Jewish community, many of them elderly, to venture outside of their apartments. Sherstuk, working out of a bomb shelter, assisted by a Hesed network of volunteers, coordinated food and medicine deliveries.
The situation grew more dire, and she coordinated the Jewish community’s participation in a brief humanitarian corridor evacuation of vulnerable civilians that the Russians permitted. She communicated with Sumy residents mostly by smartphones provided by the JDC — the Russian attacks had cut the landlines — and accompanied the busloads of Sumy Jews to western Ukraine. Some of them eventually moved on to Israel, Germany, or other nearby countries, she said.
Sherstuk stayed in western Ukraine for a while (“The humanitarian corridors are only for one-way trips,” she noted), moving from place to place, keeping in touch with the Jews of Sumy and waiting for Ukraine’s army to make the trip back safe. But Sumy, like many Ukrainian cities, has come under frequent Russian rocket attack.
“Everything was a risk,” she said. “We were following whatever our hearts told us to do. We had to save people. I was the one who had to do it.”
Last May, Sherstuk was among 12 men and women (and the sole one from the Diaspora) who lit a torch at the start of Israel’s Independence Day in a government ceremony on Mount Herzl. During two weeks in Israel, she spent some time with members of her family, and held a series of meetings with JDC officials, government ministers and donors. “It was not a vacation,” she said.
After going back to Sumy, at the suggestions of her choral group members and fellow Sumy residents, she organized concerts in Hebrew, Yiddish, Ukrainian and Russian — some in person, some in a bomb shelter in the city’s central square, some online. She has now resumed her music classes, too, and it has all boosted morale. “I [teach] all the time,” she said.
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The post ‘There was no time to sleep’: 4 Jews reflect on a year of helping Ukrainians at war appeared first on Jewish Telegraphic Agency.
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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.
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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.
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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.”
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