Sculptor Daniel Arsham standing in front of a cracked white frieze
Daniel Arsham in Paris, France, 2023. Photo: Stephane Cardinale - Corbis/Corbis via Getty Images.

The Brooklyn regional director of the National Labor Relations Board has filed a complaint on behalf of a former Daniel Arsham studio employee who is alleging that they were fired in retaliation for seeking to unionize. The sculptor’s studio denies standing in the way of unionization efforts.

Documents filed with the National Labor Relations Board, obtained by Artnet News through a Freedom of Information Act request, show that workers have been seeking to organize under the Local 338 Retail, Wholesale, and Department Store Union and United Food & Commercial Workers Union.

Last October, the studio allegedly required its employees to attend a mandatory meeting at Arsham’s Long Island City facility “for the purpose of exposing employees to [his] statements in opposition to the union,” NLRB documents show.

During the meeting, Arsham allegedly “threatened employees” with stricter enforcement—including firing them—for violating his policies, including time and attendance requirements, if the employees selected the union as their bargaining representative.

In November, the studio then allegedly changed the working conditions for employees by requiring them to strictly adhere to the 10 a.m. to 6 p.m. workday. They were also asked to clock in and out for lunch breaks and prevented from vaping inside the building.

A new rule in December, sent to staff by text message, allegedly prohibited employees from talking about “outside activities” including unionization efforts in the workplace. That same month, Arsham allegedly prevented employees from holding social “functions” at work.

Arsham fired the employee in question, whose name was redacted from the documents, at some point in 2024 after issuing them a disciplinary warning in 2023. The date of the discharge was also redacted in the documents.

Later, two other employees allegedly refused to report to work to protest the firing of the first employee. Arsham responded by changing their work schedules, which the NLRB documents suggested amounted to preventing unionization activities. Also in February, Arsham allegedly threatened employees with increased workloads.

The NLRB is seeking an order requiring Arsham to hold one or more unionization meetings at his Long Island City facility, and, within seven days of each meeting, provide the board with a list of those who attended. The NLRB is also requesting he distribute a document to employees highlighting the rights of employees under the National Labor Relations Act.

Meghan Clohessy, Arsham’s studio director for nearly a decade, insists that the fired employee was let go for violating studio policies, showing up to work late, smoking indoors, and “altercations” with other staff members. “All of this is well documented, both prior and unrelated to the unionization matter,” she said.

“I personally come from a family of many union members and respect the movement to unionization which I expressed to our staff,” Clohessy added. “Neither myself nor Daniel have stood in the way of unionization; rather we have fully collaborated with the ongoing negotiations.”

The studio was asked about the compensation it provides to its employees and how it has engaged with employees seeking to unionize. Clohessy said the studio provides “competitive wages” with 100 percent paid healthcare benefits, a fully matched 401(k) plan, and annual bonuses.

“In my experience in the art industry, this is well beyond what is typical,” she said, adding that most of the workers had been employed by Arsham for more than five years. “Our staff retention is high because in my opinion the studio is a great place to work.”

The NLRB is asking for Arsham to send a written letter of apology to the fired employee for the alleged “hardship and distress” they experienced from being “unlawfully” fired. Neither Arsham or Clohessy responded to a question about whether they have or would apologize to the employee.

The NLRB has scheduled a hearing at its Brooklyn offices on October 15 before an administrative law judge.