Uncategorized
How the Holocaust is remembered in the land of Anne Frank
(JTA) — You’d think that in a country so closely identified with Anne Frank — perhaps the Holocaust’s best-known victim — cultivating memory of the genocide wouldn’t be a steep challenge.
That’s why a recent survey, suggesting what the authors called a “disturbing” lack of knowledge in the Netherlands about the Holocaust, set off alarm bells. “Survey shows lack of Holocaust awareness in the Netherlands,” wrote the Associated Press. “In the Netherlands, a majority do not know the Holocaust affected their country,” was the JTA headline. “The Holocaust is a myth, a quarter of Dutch younger generation agree,” per the Jerusalem Post.
“Survey after survey, we continue to witness a decline in Holocaust knowledge and awareness. Equally disturbing is the trend towards Holocaust denial and distortion,” Gideon Taylor, the president of the Conference of Jewish Material Claims Against Germany, which conducted the study, said in a statement.
Like other recent studies by Claims Conference, the latest survey has been challenged by some scholars, who say the sample size is small, or the survey is too blunt a tool for examining what a country’s residents do or don’t know about their history. Even one of the experts who conducted the survey chose to focus on the positive findings: “I am encouraged by the number of respondents to this survey that believe Holocaust education is important,” Emile Schrijver, the general director of Amsterdam’s Jewish Cultural Quarter, told JTA.
One of the scholars who says the survey doesn’t capture the subtleties of Holocaust education and commemoration in the Netherlands is Jazmine Contreras, an assistant professor of history at Goucher College in Maryland. Contreras studies the historical memory of the Holocaust and Second World War in Holland. In a Twitter thread earlier this week, she agreed with those who say that “the headline that’s being plastered everywhere exaggerates the idea that young people in NL know nothing about the Holocaust.”
At the same time, she notes that while the Netherlands takes Holocaust education and commemoration seriously, it has a long way to go in reckoning with a past that includes collaboration with the Nazis, postwar antisemitism, a small but vocal far right and a sense of national victimhood that often downplays the experience of Jews during the Shoah.
“It’s such a complex issue,” Contreras told me. “There’s no one answer to how the Holocaust is remembered in the Netherlands.”
Today is International Holocaust Remembrance Day, and I took the opportunity to speak with Contreras not only about Dutch memory, but how the Netherlands may serve as an example of how countries deal with Holocaust memory and the national stories they tell.
Our interview was edited for length and clarity.
Jewish Telegraphic Agency: Tell me a little bit about when you saw the survey, and perhaps how it didn’t mesh with what you know about the Netherlands?
Jazmine Contreras: My major problem is that every single outlet is picking up this story and running a headline like, “Youth in the Netherlands don’t even know the Holocaust happened there. They cannot tell you how many people were killed, how many were deported.” And I think that’s really problematic because it paints a really simplistic picture of Holocaust memory and Holocaust education in that country.
There are multiple programs, in Amsterdam, in other cities, in Westerbork, the former transit camp. They have an ongoing program that brings survivors and the second generation to colleges, to middle schools and primary schools all across the country. And they also have in Amsterdam a program called Oorlog in Mijn Buurt, “War in My Neighborhood,” and basically young people become the “memory bearers” — that’s the kind of language they use — and interview people who grew up and experience the war in their neighborhood, and then speak as if they were the person who experienced it, in the first person.
You also have events around the May 4 commemoration remembering the Dutch who died in war and in peacekeeping operations, and a program called Open Jewish Houses [when owners of formerly Jewish property open their homes to strangers to talk about the Jews who used to live there]. It’s really amazing: I’ve actually been able to visit these formerly Jewish homes and hear the stories. And, of course, the Anne Frank House has its own slew of programming, and teachers talk a lot about the Holocaust and take students to synagogues in places like Groningen, where they have a brand new exhibit at the synagogue. They are taking thousands at this point. The new National Holocaust Names Memorial is in the center of Amsterdam.
I think, again, this idea that children are growing up without having exposure to Holocaust memory, or knowledge of what happened in the Netherlands, is a bit skewed. I think we get into a dangerous area if we’re painting the country with a broad brush and saying nobody knows anything about the Holocaust.
Have you anecdotal evidence or seen studies of Dutch kids about whether they’re getting the education they need?
Anecdotally, yes. I was invited to attend a children’s commemoration that they do at the Hollandsche Schouwburg theater in Amsterdam, which is the former Dutch theater that was used as a major deportation site. And it’s children who put on a commemoration themselves. Again, not every child is participating in this, but if they’re not participating in the children’s commemoration, then they’re doing the “War in My Neighborhood” program, or they’re doing Open Jewish Houses, or they’re taking field trips. That’s pretty impressive to me, and it’s pretty meaningful. They want to help participate in it in the future. They want to come back because it leaves a lasting impression for them.
Let’s back up a bit. Anne Frank dominates everyone’s thinking about Holland and the Holocaust. And I guess the story that’s told is that she was protected by her neighbors until, of course, the Nazis proved too powerful, found her and sent her away. What’s right and what’s wrong about that narrative?
Don’t forget that Anne Frank was a German Jewish refugee who came to the Netherlands. And I think that part of the story is also really interesting and left out. She’s this Dutch icon, but she was a German Jewish refugee who came to the Netherlands, and the Dutch Jewish community was single-handedly responsible for funding, at Westerbork, what was first a refugee center. I think that’s really complicated because now we also have a discourse about present-day refugees and the Holocaust.
Jazmine Contreras, an assistant professor of history at Goucher College, specializes in Dutch Holocaust memory. (Courtesy)
I’ve also never quite understood the insistence on making her an icon when the end of the story is that she’s informed on and dies in a concentration camp. The idea that the Franks were hidden here fits really well into this idea of Dutch resistance and tolerance, and her diary often gets misquoted to kind of represent her as someone who had hope despite the fact that she was being persecuted. In the 1950s, her narrative gets adopted into the U.S., and we treat it as this globalizing human rights discourse.
We don’t talk about the fact that she’s found because she’s informed upon, and we don’t talk about the fact that you had non-Jewish civilians who were informers for a multitude of reasons, including ideological collaboration and their own financial gain.
And when it was talked about most recently, it was about a discredited book that named her betrayer as a Jew.
That was a huge controversy.
I get the sense from your writing that the story the Dutch tell about World War II is very incomplete, and that they haven’t fully reckoned with their collaboration under Nazi occupation even as they emphasize their own victimhood.
On the national state level, they have officially acknowledged not only the extensive collaboration, but the failure of both the government and the Crown to speak out on behalf of Dutch Jews. [In 2020, Prime Minister Mark Rutte formally apologized for how his kingdom’s wartime government failed its Jews, a first by a sitting prime minister.] Now, the question is, what’s happening in broader Dutch society?
Unfortunately, there was an increase in voting for the Dutch far right, although they’ve never managed to get a majority or even come close to it.
Something else that’s happening is that many ask, “Why should Dutch Jews get separate consideration after the Second World War, a separate victimhood, when we were all victimized?” The Netherlands is unique because it’s occupied for the entirety of the Second World War — 1940 to 1945. There is the civil service collaborating, right, but there’s no occupation government. So it’s not like Belgium. It’s not like France, not like Denmark. And there was the Hunger Winter of 1944-45 when 20,000 civilians perished due to famine. You have real victimhood, so people ask, “Why are the Jews so special? We all suffered.”
And at the same time, scholarship keeps emerging about the particular ways non-Jewish Dutch companies and individuals cooperated with the Nazis.
The NIOD Institute for War, Holocaust and Genocide Studies in Amsterdam, which has done so much of this research, found that Jews who were deported had to pay utility bills for when they weren’t living there. You have a huge controversy around the the Dutch railway [which said it would compensate hundreds of Holocaust victims for its role in shipping Jews to death camps]. The Dutch Red Cross apologized [in 2017 for failing to act to protect Jews during World War II], following the publication of a research paper on its inaction. A couple of decades ago, the government basically auctioned off paintings, jewelry and other Jewish possessions, and in 2020 they started the effort to give back pieces of art that were in Dutch museums. Dienke Hondius wrote a book on the cold reception given to survivors upon their return. Remco Ensel and Evelien Gans also wrote a book on postwar Jewish antisemitism.
So a lot has been happening, a lot of controversies, and, thanks to all of this research, a lot happening in order to rectify the situation.
It sounds like a mixed story, of resistance and collaboration, and of rewriting the past but also coming to terms with it.
There’s a really complex history here of both wanting to present it as “everybody’s a victim” and that the resistance was huge. In fact, the data shows 5% of the people were involved in resistance and 5% were collaborators. So it’s not like this wholesale collaboration or resistance was happening. It was only in 1943, when non-Jewish men were called up for labor service in Germany, that they got really good at hiding people and by then it was too late.
Right. My colleagues at JTA often note that the Nazis killed or deported more Dutch Jews per capita than anywhere in occupied Western Europe — of about 110,000 Jews deported, only a few thousand survived.
Yes, the highest percentage of deportation in Western Europe.
A room at the Anne Frank House museum where she and her family hid for two years during the Holocaust in Amsterdam, the Netherlands. (Photo Collection Anne Frank House)
Since this week is International Holocaust Remembrance Day, let me ask what Holland gets right and wrong compared to maybe some other European countries with either similar experiences or comparable experiences.
The framing of that question is difficult because there’s so many unique points about the Holocaust and the occupation in the Netherlands. Again, it was occupied for the entirety of 1940-45. You have a civil service that was willing to sign Aryan declarations. The queen, as head of a government in exile in London, is basically saying, “Do what you need to just to survive.”
One of the big problems is there are people like Geert Wilders [a contemporary right-wing Dutch lawmaker] who practice this kind of philo-Semitism and support of Israel, but it’s really about blaming the Muslim population for antisemitism and saying none of it is homegrown. They don’t have to talk about the fact that there was widespread antisemitism in the aftermath of the Holocaust.
In the Netherlands they’re not instituting laws around what you can and can’t say about the Holocaust like in Poland [where criticizing Polish collaboration has been criminalized]. There are so many amazing educational initiatives and nonprofit organizations that are doing the work. And even these public controversies ended up being outlets for the production of Holocaust memory when survivors, but mostly now the second and third generations, use that space to talk about their own family Holocaust history.
Tell me about your personal stake in this: How did the Holocaust become a subject of study for you?
I specialize in Dutch Holocaust memory. I’m not Jewish, but my grandparents on my mother’s side are Dutch. For my first project I looked at relationships between German soldiers and Dutch women during the war during the occupation, and I eventually kind of made my way into the post war, when these children of former collaborators were still very marginalized in Dutch society. It ties into this. I do interviews with members of the Jewish community, children of resistance members and children of collaborators and how these memory politics play out.
What is the utility of events like International Holocaust Remembrance Day and the major Holocaust memorials in educating the public about the Holocaust and World War II?
International Holocaust Remembrance Day and May 4 result in the production of new memories about the Holocaust and the Second World War. I was at the 2020 International Holocaust Remembrance Day commemoration when the prime minister formally apologized. It was a really big moment, and it allowed the Jewish community, and the Roma and Sinti community, a space to remember and to share in that and to speak to it as survivors and the second and third generation.
Unlike the United States, the Netherlands is a small, insular country, so the relationship between the public and the media and academics is so close. So in the weeks before and the weeks after these memorials, academics, politicians and experts are publishing pieces about memory. That’s useful to the production of new memories and information about the Holocaust.
But what about the other days of the year? Will putting a monument in the center of Amsterdam actually change how people understand the Holocaust? That is a question that I think is harder to answer. The new monument features individual names of 102,000 Jews and Roma and Sinti and visually gives you the scope of what the Holocaust looked like in the Netherlands. But does that matter if somebody lives outside of Amsterdam and they’re never going to see this monument?
—
The post How the Holocaust is remembered in the land of Anne Frank 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.