Seven union locals representing striking Southern California grocery workers filed a lawsuit on Oct. 14 accusing Ralphs and Albertsons stores of illegally locking out employees.
The suit alleges that the lockout, which followed the decision by the United Food and Commercial Workers to call a strike against Vons stores, violated the California Mass Layoff Notification Law, the union said.
Of the 70,000 UFCW members in Southern California, only between 30,000 and 40,000 work for Vons.
“”These workers are willing to work and they’re not being allowed to,”” said UFCW spokeswoman Ellen Anreder. “”There are certain laws in our state that protect workers and Ralphs and Albertsons are in violation of these laws.””
Added to the state labor code in 2002, the law requires companies with more than 75 workers to notify their employees at least 60 days before large layoffs, relocations or terminations.
“”Our Ralphs and Albertsons employees were not laid off but they were locked out,”” said Ralphs spokesman Terry O’Neil.
According to O’Neil, lockouts are permitted under the Federal National Labor Relations Act and are excluded from the layoff notification law.
“”We have just been served with the lawsuit so we have not had time to review it,”” O’Neil said. “”However, it’s apparent from the description of the lawsuit, we believe, that it is completely without merits under both California and federal law, and that it will quickly be adjudicated in favor of Ralphs and Albertsons.””
The lawsuit comes just four days after the union called for a strike, with UFCW representatives walking out of contract negotiations with the three chains and federal mediators on Oct. 4.
The call for a walkout only targeted Vons employees, with the union hoping to spare inconvenience to consumers by targeting only the biggest company.
Both Ralphs and Albertsons responded by locking out their employees on Oct. 5.
“”The unions and the Ralphs and Albertsons employees they represent cannot legitimately claim any surprise or prejudice by this lockout,”” Ralphs representatives stated in a press release. “”The unions agreed well in advance that because they were negotiating jointly with Ralphs, Albertsons and Vons, if they initiated a strike against any of the companies, it would be deemed a strike against all three and the employees they represent would be locked out by the non-struck companies.””
Despite the timing of the lawsuit, with companies preparing for a long-term walkout, Anreder said the move was not meant to gain leverage for future negotiations but represented an attempt to recover lost wages for employees.
Though the filing did not list damages, the total amount may be in the hundreds of millions, she said.
Albertsons and Ralphs, which received official notice of the legal action on Oct. 15, have 30 days to file a response with the superior court in Los Angeles, where union officials filed the complaint.
For customers like John Muir College sophomore Grant Wang, who occasionally shops at the three chains, the lawsuit did not change his mind about the strike.
“”I hope it goes well for the people picketing so that they resolve the problems soon,”” Wang said. “”It’s very inconvenient.””
Five days after the strike began, no scheduled talks are on the horizon.
“”There have been no meetings since the union walked away from the bargaining table Saturday evening and there are no meetings scheduled,”” O’Neil said.
Union officials and companies resumed negotiations up until Oct. 11, even though 97.4 percent of the 70,000 grocery workers voted for a strike on Oct. 8. However, the two parties were unable to reach a compromise, with unions objecting to health premiums and wage cuts for new employees.
Though all three chains said that stores would remain open and have hired temporary workers for the duration of the dispute, they have come under even more pressure after members of the Teamsters’ and bakers’ union pledged to support the UFCW.
At some stores, Teamster truck drivers parked the trucks at the front, unwilling to cross the picket lines and forcing store managers to complete the deliveries.
Many customers have also decided to do their shopping elsewhere, in support of the unionized workers or simply because they are reluctant to pass through the protestors.
“”I don’t want to go through the hassle of going through the picket lines,”” Wang said.