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Why a liberal Zionist rabbi isn’t taking to the streets over Israel’s judicial reform plan
(JTA) — Israel’s 75th anniversary was supposed to be a blowout birthday party for its supporters, but that was before the country was convulsed by street protests over the right-wing government’s proposal to overhaul its judiciary. Critics call it an unprecedented threat to Israel’s democracy, and supporters of Israel found themselves conflicted. In synagogues across North America, rabbis found themselves giving “yes, but” sermons: Yes, Israel’s existence is a miracle, but its democracy is fragile and in danger.
One of those sermons was given a week ago Saturday by Rabbi Ammiel Hirsch of Manhattan’s Stephen Wise Free Synagogue, expressing his “dismay” over the government’s actions. Hirsch is the former head of ARZA, the Reform movement’s Zionist organization, and the founder of a new organization, Amplify Israel, meant to promote Zionism among Reform Jews. He is often quoted as an example of a mainstream non-Orthodox rabbi who not only criticizes anti-Zionism on the far left but who insists that his liberal colleagues are not doing enough to defend the Jewish state from its critics.
Many on the Jewish left, meanwhile, say Jewish establishment figures, even liberals like Hirsch, have been too reluctant to call out Israel on, for example, its treatment of the Palestinians — thereby enabling the country’s extremists.
In March, however, he warned that the “Israeli government is tearing Israeli society apart and bringing world Jewry along for the dangerous ride.” That is uncharacteristically strong language from a rabbi whose forthcoming book, “The Lilac Tree: A Rabbi’s Reflections on Love, Courage, and History,” includes a number of essays on the limits of criticizing Israel. When does such criticism give “comfort to left-wing hatred of Israel,” as he writes in his book, and when does failure to criticize Israel appear to condone extremism?
Although the book includes essays on God, Torah, history and antisemitism, in a recent interview we focused on the Israel-Diaspora divide, the role of Israel in the lives of Diaspora Jews and why the synagogue remains the “central Jewish institution.”
The interview was edited for length and clarity.
Jewish Telegraphic Agency: You gave a sermon earlier this month about the 75th anniversary of Israel’s founding, which is usually a time of celebration in American synagogues, but you also said you were “dismayed” by the “political extremism” and “religious fundamentalism” of the current government. Was that difficult as a pulpit rabbi?
Rabbi Ammiel Hirsch: The approach is more difficult now with the election of the new government than it has been in all the years of the past. Because we can’t sanitize supremacism, elitism, extremism, fundamentalism, and we’re not going to. Israel is in what’s probably the most serious domestic crisis in the 75-year history of the state. And what happens in Israel affects American Jewry directly. It’s Israeli citizens who elect their representatives, but that’s not the end of the discussion neither for Israelis or for American Jews. At the insistence of both parties, both parties say the relationship is fundamental and critical and it not only entitles but requires Israelis and world Jews to be involved in each other’s affairs.
For American Jewry, in its relationship with Israel, our broadest objective is to sustain that relationship, deepen that relationship, and encourage people to be involved in the affairs in Israel and to go to Israel, spend time in Israel and so forth, and that’s a difficult thing to do and at the same time be critical.
American Jews have been demonstrating here in solidarity with the Israelis who have been protesting the recent judicial overhaul proposals in Israel. Is that a place for liberal American Jews to make their voices heard on what happens in Israel?
I would like to believe that if I were living in Israel, I would be at every single one of those demonstrations on Saturday night, but I don’t participate in demonstrations here because the context of our world and how we operate is different from in Israel when an Israeli citizen goes out and marches on Kaplan Street in Tel Aviv. It’s presumed that they’re Zionists and they’re speaking to their own government. I’m not critical of other people who reach a different perspective in the United States, but for me, our context is different. Even if we say the identical words in Tel Aviv or on West 68th Street, they’re perceived in a different way and they operate in a different context.
What then is the appropriate way for American Jews to express themselves if they are critical of an action by the Israeli government?
My strongest guidance is don’t disengage, don’t turn your back, double down, be more supportive of those who support your worldview and are fighting for it in Israel. Polls seem to suggest that the large majority of Israelis are opposed to these reforms being proposed. Double down on those who are supportive of our worldview.
You lament in your book that the connections to Israel are weakening among world Jewry, especially among Jewish liberals.
The liberal part of the Jewish world is where I am and where the people I serve are by and large, and where at least 80% of American Jewry resides. It’s a difficult process because we’re operating here in a context of weakening relationship: a rapidly increasing emphasis on universal values, what we sometimes call tikkun olam [social justice], and not as a reflection of Jewish particularism, but often at the expense of Jewish particularism.
There is a counter-argument, however, which you describe in your book: “some left-wing Jewish activists contend that alienation from Israel, especially among the younger generations, is a result of the failures of the American Jewish establishment” — that is, by not doing more to express their concerns about the dangers of Jewish settlement in the West Bank, for example, the establishment alienated young liberal Jews. You’re skeptical of that argument. Tell me why.
Fundamentally I believe that identification with Israel is a reflection of identity. If you have a strong Jewish identity, the tendency is to have a strong connection with the state of Israel and to believe that the Jewish state is an important component of your Jewish identity. I think that surveys bear that out. No doubt the Palestinian question will have an impact on the relationship between American Jews in Israel as long as it’s not resolved, it will be an outstanding irritant because it raises moral dilemmas that should disturb every thinking and caring Jew. And I’ve been active in trying to oppose ultra-Orthodox coercion in Israel. But fundamentally, while these certainly are components putting pressure on the relationship between Israel and Diaspora Jewry, in particular among the elites of the American Jewish leadership, for the majority of American Jews, the relationship with Israel is a reflection of their relationship with Judaism. And if that relationship is weak and weakening, as day follows night, the relationship with Israel will weaken as well.
But what about the criticism that has come from, let’s say, deep within the tent? I am thinking of the American rabbinical students who in 2021 issued a public letter accusing Israel of apartheid and calling on American Jewish communities to hold Israel accountable for the “violent suppression of human rights.” They were certainly engaged Jews, and they might say that they were warning the establishment about the kinds of right-wing tendencies in Israel that you and others in the establishment are criticizing now.
Almost every time I speak about Israel and those who are critical of Israel, I hold that the concept of criticism is central to Jewish tradition. Judaism unfolds through an ongoing process of disputation, disagreement, argumentation, and debate. I’m a pluralist, both politically as well as intellectually.
In response to your question, I would say two things. First of all, I distinguish between those who are Zionist, pro-Israel, active Jews with a strong Jewish identity who criticize this or that policy of the Israeli government, and between those who are anti-Zionists, because anti-Zionism asserts that the Jewish people has no right to a Jewish state, at least in that part of the world. And that inevitably leads to anti-Jewish feelings and very often to antisemitism.
When it came to the students, I didn’t respond at all because I was a student once too, and there are views that I hold today that I didn’t hold when I was a student. Their original article was published in the Forward, if I’m not mistaken, and it generated some debate in all the liberal seminaries. I didn’t respond at all until it became a huge, multi-thousand word piece in The New York Times. Once it left the internal Jewish scene, it seemed to me that I had an obligation to respond. Not that I believe that they’re anti-Zionist — I do not. I didn’t put them in the BDS camp [of those who support the boycott of Israel]. I just simply criticized them.
Hundreds of Jews protest the proposed Israeli court reform outside the Israeli consulate in New York City on Feb. 21, 2023. (Gili Getz)
You signed a letter with other rabbis noting that the students’ petition came during Israel’s war with Hamas that May, writing that “those who aspire to be future leaders of the Jewish people must possess and model empathy for their brothers and sisters in Israel, especially when they are attacked by a terrorist organization whose stated goal is to kill Jews and destroy the Jewish State.”
My main point was that the essence of the Jewish condition is that all Jews feel responsible one for the another — Kol yisrael arevim zeh bazeh. And that relationship starts with emotions. It starts with a feeling of belongingness to the Jewish people, and a feeling of concern for our people who are attacked in the Jewish state. My criticism was based, in the middle of a war, on expressing compassion, support for our people who are under indiscriminate and terrorist assault. I uphold that and even especially in retrospect two years later, why anyone would consider that to be offensive in any way is still beyond me.
You were executive director of ARZA, the Reform Zionist organization, and you write in your book that Israel “is the primary source of our people’s collective energy — the engine for the recreation and restoration of the national home and the national spirit of the Jewish people.” A number of your essays put Israel at the center of the present-day Jewish story. You are a rabbi in New York City. So what’s the role or function of the Diaspora?
Our existence in the Diaspora needs no justification. For practically all of the last 2,000 years, Jewish life has existed in the Diaspora. It’s only for the last 75 years and if you count the beginning of the Zionist movement, the last 125 years or so that Jews have begun en masse to live in the land of Israel. Much of the values of what we call now Judaism was developed in the Diaspora. Moreover, the American Jewish community is the strongest, most influential, most glorious of all the Jewish Diasporas in Jewish history.
And yet, the only place in the Jewish world where the Jewish community is growing is in Israel. More Jewish children now live in Israel than all the other places in the world combined. The central value that powers the sustainability, viability and continuity of the Jewish people is peoplehood. It’s not the values that have sustained the Jewish people in the Diaspora and over the last 2,000 years, which was Torah or God, what we would call religion. I’m a rabbi. I believe in the centrality of God, Torah and religion to sustain Jewish identity. But in the 21st century, Israel is the most eloquent concept of the value of Jewish peoplehood. And therefore, I do not believe that there is enough energy, enough power, enough sustainability in the classical concept of Judaism to sustain continuity in the Diaspora. The concept of Jewish peoplehood is the most powerful way that we can sustain Jewish continuity in the 21st century.
But doesn’t that negate the importance of American Jewry?
In my view, it augments the sustainability of American Jewry. If American Jews disengage from Israel, and from the concept of Jewish peoplehood, and also don’t consider religion to be at the center of their existence, then what’s left? Now there’s a lot of activity, for example, on tikkun olam, which is a part of Jewish tradition. But tikkun olam in Judaism always was a blend between Jewish particularism and universalism — concern for humanity at large but rooted in the concept of Jewish peoplehood. But very often now, tikkun olam in the Diaspora is practiced not as a part of the concept of Jewish particularism but, as I said before, at the expense of Jewish particularism. That will not be enough to sustain Jewish communities going into the 21st century.
I want to ask about the health of the American synagogue as an institution. Considering your concern about the waning centrality of Torah and God in people’s lives — especially among the non-Orthodox — do you feel optimistic about it as an institution? Does it have to change?
I’ve believed since the beginning of my career that there’s no substitute in the Diaspora for the synagogue as the central Jewish institution. We harm ourselves when we underemphasize the central role of the synagogue. Any issue that is being done by one of the hundreds of Jewish agencies that we’ve created rests on our ability as a community to produce Jews into the next generation. And what are those institutions that produce that are most responsible for the production of Jewish continuity? Synagogues, day schools and summer camps, and of the three synagogues are by far the most important for the following reasons: First, we’re the only institution that defines ourselves as and whose purpose is what we call cradle to grave. Second, for most American Jews, if they end up in any institution at all it will be a synagogue. Far fewer American Jews will receive a day school education and or go to Jewish summer camps. That should have ramifications across the board for American Jewish policy, including how we budget Jewish institutions. We should be focusing many, many more resources on these three institutions, and at the core of that is the institution of the synagogue.
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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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