2008 Smithfield Election (English) from UFCW on Vimeo.

December 11, 2008

WORKERS AT THE WORLD’S LARGEST MEATPACKING PLANT CHOOSE UNION REPRESENTATION

Tar Heel, N.C. – Workers at Smithfield Packing in Tar Heel, North Carolina, chose union representation with the United Food and Commercial Workers International Union (UFCW).  Workers voted 2041 to 1879 for a voice on the job.

“When workers have a fair process, they choose a voice on the job,” said UFCW Director of Organizing Pat O’Neill. “This is a great victory for the Tar Heel workers. I know they are looking forward to sitting down at the bargaining table with Smithfield to negotiate a contract. The UFCW has constructive union contracts with Smithfield plants around the country. Those union contracts benefit workers, the company and the community. We believe the workers here in Tar Heel can achieve a similar agreement.”

Ronnie Ann Simmons, a veteran of 13 years at the plant said, “We are thrilled. This moment has been a long time coming. We stuck together, and now we have a say on the job.”  

Workers at 26 Smithfield-owned facilities around the country already have UFCW representation.

Bashas’ contractor settles labor dispute with union

TBG Logistics faced charges of discriminating against pro-union workers

Phoenix, Ariz. — A contractor for Bashas’ Inc. has reached a settlement with the National Labor Relations Board (NLRB) and the United Food and Commercial Workers (UFCW) Local 99 on allegations that it discriminated against pro-union workers at the grocer’s distribution center in Chandler.

TBG Logistics has been running the loading dock of Bashas’ Inc. in Chandler since the grocery chain decided to outsource the operation in January of this year. The move, which led to the lay-off or transfer of 29 workers, was seen by the UFCW as a blatant attempt by Bashas’ to send a message to pro-union workers in the plant that union activity would not be tolerated. The union filed charges against both, Bashas’ Inc. for the outsourcing move, and TBG Logistics for refusing to hire several pro-union workers. The NLRB issued complaints on both cases.

“We are glad to have reached a deal with TBG, and we are now waiting to see that Bashas’ is also held accountable,” said Walter Henyard, a former Bashas’ Inc. employee. “We are determined to remain strong. Workers have the right to have a voice on the job. Until Bashas’ respects that right, we will continue to fight for fairness.”

The trial before an Administrative Law Judge against TBG Logistics, a company created less than a month before getting the Bashas’ contract, was scheduled to begin later this month. Bashas’ Inc. spent several weeks in the spring and summer of this year defending itself from several charges issued by the NLRB, including the outsourcing move, and the judge’s decision is expected before the end of the year.

The settlement reached with four workers that brought the charges forward represented by the union will have no effect on the Bashas’ case. TBG Logistics will also post a notice to workers advising them of their federally protected rights to organize a union.

Eleven months after judge’s decision, Bashas’ still hasn’t paid workers

A federal administrative law judge ordered the remedy in October 2007, after ruling that the company broke federal law

Phoenix, Ariz.—Eleven months after Bashas’ Inc. was ordered to make payments to workers affected by the company’s unlawful conduct, the Chandler-based grocery chain continues to delay compensation to workers. 

In his October 10, 2007, decision, Administrative Law Judge William G. Kocol ruled that Bashas’ engaged in unlawful conduct by refusing to bargain with the union on the effects of store closings, and ordered back pay to workers laid-off or transferred due to those closings. Workers in Pima County who lost their jobs or were transferred after two stores closed would be eligible to receive compensation under this ruling. The company did not appeal the judge’s decision.

In an August 6, 2008, letter to Eddie Basha, Jr., CEO and Chairman of the Board of Bashas’ Inc., the 28^th Region of the National Labor Relations Board advised the company that “in view of [Bashas’] non compliance with the Board’s Decision and Order,” it would recommend initiating enforcement proceedings.

“I find it outrageous that a company like Bashas’ would delay almost a year complying with a judge’s order and be free from meaningful consequences,” said Felicia Sellner, who works at a union-represented Food City store in Tucson. “It is really disappointing that corporations can get away with violating workers’ basic rights. It shows that Bashas’ commitment to negotiating with us in good faith is only lip service, and it really shows why we need tougher laws to hold deadbeat corporations accountable,” she added.

Bashas’ Inc. faces additional charges of violating workers rights at several non-represented stores and the distribution center in Chandler. A ruling on those charges is expected by the end of the year.

Federal Appeals Court rules that Bashas’ workers can pursue class action pay discrimination suit

Phoenix, Ariz. – The Ninth Circuit Court of Appeals in San Francisco yesterday reversed the Arizona District Court’s denial to certify a class action lawsuit claim brought forth by Hispanic workers against Chandler-based grocer Bashas’, Inc. The decision by the court was unanimous. 

The 2003 lawsuit filed by Food City workers, Bashas’ chain that serves a predominately Latino market, alleges that workers where discriminated against in pay and working conditions based upon their national origin. The United States District Court for the District of Arizona certified the proposed class as to the working conditions, but denied certification as to the pay arguing a lack of commonality. Yesterday’s decision reversed the lower court, concluding that “the district court abused its discretion in failing to find commonality in the Plaintiff’s original class definition for the discriminatory pay claim.”

Bashas’, Inc., owns and operates more than 150 stores throughout Arizona. For many years, Food City workers have argued that they are treated differently than workers at Bashas’ Supermarkets stores, even though Food City and Bashas’ are owned by the same company. 

Fernando Aguilar, a Food City worker in Tucson, Ariz., reacted with joy but little surprise at the news: “I have worked in both Bashas’ and Food City, I know first hand how different things are in both places, and certainly wish the company didn’t have to be sued to treat us with respect,” he said.

Bashas,’ Inc., is also facing charges by the National Labor Relations Board that it violated its workers’ rights to organize by threatening, harassing and discriminating against workers who sought to form a union. 

East Valley Tribune - July 29, 2008

Current and former workers of the Bashas' food chain may be able to pursue their claims of pay discrimination together, a federal appeals court ruled Tuesday.

In a unanimous decision, the 9th U.S. Circuit Court of Appeals said the worker who charged that the Chandler-based grocer paid Hispanic workers less than white counterparts presented "extensive evidence" that the chain's "discriminatory pay practices affected all members of the proposed class." That means the three workers who filed the original lawsuit in 2003 may be entitled to represent anyone affected.

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