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Jewish comedian Modi Rosenfeld, a mainstay for Orthodox audiences, is gay. So what?

(JTA) — Mordechi Rosenfeld, the Jewish comedian, insists that the recent Variety article in which he reveals he is married to a man is not a “coming out” piece.

“This article is showing that I’m a veteran comedian and I’m married to a man,” said Rosenfeld, who is known to his friends and fans by the nickname Modi. “This is it. It doesn’t feel like a coming-out piece to me because I’ve been out.”

Anyone who has listened closely to Rosenfeld’s podcast in the last year would know that he and his husband have been married since 2020. The pair talk about living and traveling together, and in a recent episode revealed they would be vacationing on Fire Island, which has a famous gay scene, with prominent gay Jewish cookbook author Jake Cohen.

But the news could easily have come as more of a surprise for one swath of Rosenfeld’s core audience: Orthodox Jews from communities like the one where he grew up, where LGBTQ inclusion remains an unfamiliar and often frowned-upon frontier. Rosenfeld has delivered his signature blend of highly informed Jewish comedy, which often digs into the technical details of Jewish law, on kosher Passover cruises; at benefits for Orthodox organizations including yeshivas, Young Israel chapters and Hatzalah, the Orthodox ambulance service; and on the annual Chabad-Lubavitch movement telethon. But until recently, his routine has contained little whiff of his personal life — in fact, some of his jokes suggested to his fans that he had a wife named Stacy.

“Stacy” is in fact his manager and husband, Leo Veiga, a millennial raised Catholic in South Florida whom the 52-year-old Israel-born, Long Island-raised comedian met on the New York City subway in 2015. The split content has reflected Rosenfeld’s long-espoused belief that the only way comedy can work is to tailor the set to the crowd.

“Even though some religious organization has brought me in and people are coming to see me, I understand I’m under the umbrella of a certain demographic that I need to respect and know the audience,” Rosenfeld told the Jewish Telegraphic Agency. “If you put me in front of an audience, I give them what they need. And they don’t need gay material — they need the material for this audience.”

“But when I’m on the road doing my material, I can do whatever I want,” he added. “They came to see me.”

The Variety article was born of Rosenfeld’s deepening belief that it’s possible to merge his Orthodox and gay identities more publicly — something that he has long done as a congregant and sometimes-cantor at the Modern Orthodox synagogue he attends in the East Village.

“The prayers are done in an Orthodox way. And somehow, gays have been attracted to come to this synagogue,” he said. “We have a whole group of gay people and we have a whole group of trans people welcome.”

“The rabbi’s thing is no one should ever feel bullied, no one should ever feel excluded,” Rosenfeld said. “Be you. Be a proud Jew and be you.”

Rosenfeld’s “not a coming out piece” is significant and part of a broader recent pattern, according to Rabbi Steve Greenberg, the founding director of Eshel, an advocacy organization for LGBTQ Orthodox Jews and their families.

“You used to leave. Coming out meant [you] had to go. Because you could either stay and be silent, or speak up and leave,” Greenberg said. “What has begun to change the story is people insisting on not choosing between their religious identities and their queer identities and insisting on staying in Orthodox communities.”

The Variety piece comes at a time of tension around LGBTQ inclusion in Modern Orthodoxy. Yeshiva University — where Rosenfeld studied at the Belz Cantorial School of Music — has made headlines for fighting for the right not to recognize an LGBTQ student club. This month, a synagogue affiliated with the Modern Orthodox flagship also made news for its treatment of a transgender congregant; Yeshiva’s top Jewish law authority said she could no longer pray there.

The episode ignited strong feelings for Rosenfeld.

“To torture someone like that, somebody who’s religious, who’s keeping the mitzvahs, who’s teaching, who’s doing that, and to open that up and to do what they did is so terrible,” Rosenfeld said. “It’s so, so terrible. That’s the only thing I can tell you.”

For Rosenfeld, there’s no tension between Jewish observance and being gay — although his articulation of why reveals an awareness of the pain that others might feel in trying.

“Being gay, you can keep Shabbos, you can keep kosher, you can keep anything you want to do,” he said. “You can learn Talmud, you can learn Torah, the only thing you can’t do is kill yourself. You can’t commit suicide. That’s not even on the table as an option.”

When Rosenfeld shared the Variety article on his Instagram page, the vast majority of the nearly 800 comments left by fans and friends showed support for his public embrace of his gay identity.

“It’s amazing that you announce that you are gay,” one fan wrote. “You are an example to all the Jews struggling with their gayness. You are a role model to me. Cheers.”

“I think it’s great you can be out with so many of your orthodox fans,” wrote Peter Fox, a freelance writer and Jewish community advocate. “What a wonderful gift of visibility.”

But a few commenters said they would boycott his work in the future, some citing interpretations of Jewish law.

“I can’t believe you are gay,” wrote one person. “What a giant Hillul HaShem [desecration of the name of God]. I lost all respect for you. Unfollowing now. And good luck to you when it’s time to be judged by The Almighty.”

Rosenfeld doesn’t anticipate that the Variety article will lose him any gigs. If anything, he says, it might actually increase his audience. Since he has started adding gay material to his repertoire, his audiences have been increasingly LGBTQ, like at some of the “Holidazed” shows he performed in December at Sony Hall in New York.

Still, he noted, “onstage, I’m more Jewish than I am gay.”

Rosenfeld began to dabble in comedy while working on Wall Street early in his career, when his colleagues realized he was good at impressions. In the last several years, he has emerged as a leader in a wave of comedians focusing on their Jewish identities, even playing himself on an episode of HBO’s “Crashing.” Five years ago, New York City’s then-mayor, Bill de Blasio, declared June 26 as “Mordechi Modi Rosenfeld Day” in honor of his contributions to the artistic community, and last August, Rosenfeld co-hosted the first-ever Chosen Comedy Festival on Coney Island with his frequent comedy partner Elon Gold to a crowd of 4,000. The Jewish comedy show has since gone on to an audience in Miami and will head to Los Angeles in February.

Meanwhile, Rosenfeld has embarked on a steady stream of sold-out shows on multiple continents himself, while enjoying several viral moments. In one bit that was shared thousands of times last year, he pilloried the practice of taking people who have made antisemitic comments to Holocaust museums, joking, “It just gives them ideas.”

Since comedy clubs reopened after their pandemic closures, Rosenfeld has worked on new material at New York’s iconic Comedy Cellar, where patrons’ phones are kept in sealed envelopes and filming is prohibited. The absence of phones gives comedians the freedom to workshop new material — and a lot of that new material, for Rosenfeld, has been focused on living with a millennial husband.

Rosenfeld and Veiga’s story is a classic New York City meet-cute: The comedian was riding the 6 train when he felt a tap on his shoulder. It was Veiga, then an intern at CAA, the talent agency, introducing himself.

“And then we went on a date,” Rosenfeld told JTA. “I picked him up and I brought him to the Comedy Cellar, where I was performing. And he didn’t know that.”

After his 15-minute set, Rosenfeld returned to the comedians’ table, where he had nabbed Veiga a seat, to gauge his date’s reaction. “I said, ‘So I’m a comedian.’ And then we had dinner, we had two more dates, and then he moved in.”

In the eight years they have been together, Rosenfeld credits Veiga with facilitating the evolution of his career as both his husband and manager. During the COVID lockdown, as comedians everywhere found themselves unable to perform in their usual crowded clubs, Rosenfeld says he thought he was getting a break from work — but it was Veiga who suggested a pivot to video. That’s when Rosenfeld grew his online presence and developed his now-beloved characters, like the Israeli know-it-all “Nir, not far” (married to the fictitious, off-camera Stacy) and the Hasidic Yoely, who reviews quarantine-era TV shows and runs for president.

While Yoely is a character, Rosenfeld, too, is religiously observant. He wraps tefillin in the morning, even while touring, and he and Veiga keep a kosher home. Though Veiga is not Jewish — the couple had a civil wedding — he attends synagogue with Rosenfeld, his Hebrew and Yiddish pronunciation is excellent, and he is extremely well-versed in Jewish ideas and lingo. That has occasionally enabled him to stand up for their relationship when encountering people who believe it is forbidden: In one anecdote on the podcast, Rosenfeld shared that at a Shabbat retreat at a yacht club in notoriously conservative Orange County, California, a man at the couple’s table told them that the Bible says two men should not live together. Veiga retorted that the Bible says people should not mix wool and linen — implying that not all strictures are always followed, and leaving the man dumbfounded, according to Rosenfeld’s account.

Veiga has been part of Rosenfeld’s podcast behind the scenes since it began in August 2021, and began appearing on-screen in the taped recordings in December of that year. (In a sign of how deeply Jewish content is woven into his own life, he once wore a kitschy shirt referring to “muktzeh,” the prohibition of touching or moving certain objects on Shabbat.) Rosenfeld co-hosts the podcast with Jewish comedian Periel Aschenbrand, where guests include a mix of mostly comedians with the occasional rabbi (one time, Alan Dershowitz made an appearance).

Leo Veiga, left, wears a t-shirt bearing the Hebrew word “muktzeh,” which refers to a prohibition of touching certain objects on Shabbat. (Screenshot via YouTube)

In the December episode with Jake Cohen, Rosenfeld and Veiga recounted their experience at the Republican Jewish Coalition meeting in Las Vegas. The couple, who admitted to following RuPaul’s Drag Race more closely than American politics, learned what causes Republican Jews were almost universally excited by (Israel and antisemitism on college campuses) and what causes they were lukewarm on (abortion) solely based on the volume of applause in the room. They also said they were surprised by how welcomed they felt as a gay couple at a Republican event, and remarked on how many of the political figures and donors they met were excited to show them pictures of all the other gay couples they knew.

Veiga said in the episode that he didn’t learn until after they agreed to the gig that the conference lineup included Florida Gov. Ron DeSantis and former Vice President Mike Pence, whom Rosenfeld said he found “a little creepy.” Both men have advanced policies and ideas that are anti-LGBTQ.

Rosenfeld said he had no principled objection to performing for Republicans, or anyone else.

“If the Democrats want to invite me, I will go there,” Rosenfeld said. “If Al-Qaeda wants to invite me, we’re there. A check and a microphone, and I’m there. It’s simple.”

The aside came as Rosenfeld, Veiga and Cohen discussed one of Rosenfeld’s favorite ideas — what he calls “moshiach energy.”

“Moshiach energy,” as Rosenfeld puts it, is akin to the Jewish principle of loving your neighbor as yourself and then putting that energy into the universe in order to bring about the coming of the Messiah. The idea is inspired by the last leader of the Chabad-Lubavitch Orthodox movement, Rabbi Menachem Mendel Schneerson — a major source of inspiration for Rosenfeld, who studied at a Lubavitch yeshiva.

Comedian Modi Rosenfeld Rosenfeld speaks with Rabbi Manis Friedman, right, and comedian Periel Aschendbrand on his podcast in November 2021. A portrait of Rabbi Menachem Mendel Schneerson, the last rebbe of the Chabad Orthodox movement, is behind Rosenfeld. (Screenshot via YouTube)

It’s an attitude that he says is embodied by his synagogue, which he has attended since it opened in the 1990s.

“I am so fortunate to belong to a synagogue, Sixth Street Community Synagogue, where when you put moshiach energy out, it comes right back at you,” he said.

Schneerson considered homosexuality a sin and advocated for Jews to choose not to yield to homosexual urges. Last year, on his podcast, Rosenfeld hosted a Chabad rabbi, Manis Friedman, the former translator for the Rebbe, who espouses the same view; he said he finds Friedman inspiring even though he may not agree with all of Friedman’s views. It’s one of many instances where Rosenfeld has been able to square his identities in ways that have proved challenging for others.

Greenberg, the executive director of Eshel, agreed with Rosenfeld’s hypothesis that the Variety article would have little effect on the comedian’s ability to book gigs — and he said Rosenfeld’s commitment to Orthodox ideas and practices could work in his favor.

“Maybe some of those organizations that have hired him before will actually think this is an even  more important reason to have him,” Greenberg postulated. “Some people will see this as a kind of affirmative step that you don’t have to abandon your religious identity because you’re gay.”

It’s an idea that is central to one of Rosenfeld’s signature jokes. For him, being Jewish means praying with tefillin every day, eating kosher food and observing Shabbat — while also being married to his husband.

“I always say: the Jewish people — we’re not the chosen people, we’re the choosing people,” Rosenfeld said. “Being Jewish is a lifestyle — like Equinox.”


The post Jewish comedian Modi Rosenfeld, a mainstay for Orthodox audiences, is gay. So what? 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.

Soot and smoke damaged the entire building of Beth Israel Congregation in Jackson, Mississippi.
Soot and smoke damaged the entire building of Beth Israel Congregation in Jackson, Mississippi. Courtesy of Beth israel Congregation

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.

Jackson firefighters investigate a fire at Beth Israel Congregation synagogue in Jackson, Mississippi, on Jan. 10, 2026.
Jackson firefighters investigate a fire at Beth Israel Congregation synagogue in Jackson, Mississippi, on Jan. 10. Photo by Allen Siegler/Mississippi Today

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.”

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.

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