Union Accuses Andy's Frozen Custard Of Using 'Rat' Contractor

OAK LAWN, IL -- Members of the International Union of Operating Engineers Local 150 are camping out next to Andy’s Frozen Custard in Oak Lawn for the company's alleged use of a non-union contractor to perform excavating work at its Chicago-area ice cream stores. The Local 150 “rat patrol” truck parked at 95th Street and Cicero within view of the the ice cream shop’s giant spinning ice cream cone was affixed with a banner that read “Shame On Andy’s Frozen Custard for Using Rat Contractor.” The contractor being targeted is Donegal Excavating Inc. based in Lemont.

“We’re aware of it. We’re not happy with it. We do use some union contractors but we leave that up to our general contractor,” Andy Kuntz said, CEO of Springfield, MO-based Andy’s Frozen Custard Inc. “I don’t know the details. We try to focus on making the world’s greatest custard.”

The retro-style ice cream chain currently has ten stores operating in the Chicago-metro area. Each Andy’s employs about 30 team members and five shift managers, according to news reports. The Oak Lawn location opened in 2010. (SUBSCRIBE: Get Real-Time Alerts and a Daily Newsletter for Oak Lawn.)

Kuntz said before the general contractor was hired for the project his company representatives were told that the contractor was in negotiations with the unions and were trying to make a deal. The union members are protesting the hiring of a subcontractor that allegedly uses low wage, non-union workers to dig foundations at Andy’s Frozen Custard locations in Elgin and Bolingbrook.

“We certainly don’t like the attention and respect the unions,” Kuntz said. “It’s a challenge at times to build things in the Chicagoland area. They’re trying to get our attention and they got it.”

IUOE members are employed at construction sites where heavy equipment is operated. Local 150 filed an unfair labor practice complaint on July 11 with the National Labor Relations Board. The union alleges that Donegal fired an employee for engaging in “protected union activity.”

“We’re informing the public that Andy’s Frozen Custard is using a subcontractor that’s under investigation for unfair labor practices,” Local 150 spokesman Ed Maher said. “Donegal has instructed employees to call police on employees or union members engaging in federally protected activity.”

The union also has several bannering trucks and inflatable rats at its disposable. Maher said Local 150 is running public awareness campaigns at various Andy’s locations throughout the Chicago area, including picketing in front of Donegal’s Lemont headquarters. Donegal did return calls and emails seeking comment.

Andy’s has usedProjx Construction Group as its general contractor for many of its Chicago-area locations. A testimonial by Kuntz on the construction group's website called Projx a “smart choice for Andy’s Frozen Custard” and that he would consider Projex to be “the long-term general contractor for the entire buildout in the Chicago area.” Projex was also the contractor for Buona Beef, which got into a dispute with Local 150 memberslast year, which was resolved when the Italian Beef chain agreed to use union

Consumers and union members also weighed on the pro-union Where’s Scabby Facebook page, which tracks union operations targeting contractors and companies alleged to employ non-union workers.

“I hope the contractors are able to resolve their differences,” Kuntz said. “We certainly don’t want to offend the union families.”

~ Photos by Patch Editor Lorraine Swanson