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Lawsuit alleges Ralphs secretly rehiring clerks
San Diego UNION-TRIBUNE ^ | January 3, 2004 | David Washburn

Posted on 01/03/2004 5:43:02 PM PST by calcowgirl

The Ralphs supermarket chain has been secretly asking, and in some cases coercing, locked-out clerks to come back to work since the beginning of the 82-day grocery dispute, according to a lawsuit filed yesterday by the grocery workers union.

Saying they have proof, including a paycheck issued to a 4-month-old baby, United Food and Commercial Workes union officials allege that Ralphs is rehiring union members under false names and Social Security numbers.

The alleged activities by Ralphs violate several state and federal laws, including at least four sections of the California Labor Code, according to the lawsuit filed in Los Angeles Superior Court.

"This is not isolated," said Mickey Kasparian, president of UFCW Local 135 in San Diego. "It has happened here and in several other areas in Southern California. We know the identities of 50 people (who had been contacted), and it may be as high as 100."

A Ralphs spokesman said the chain "would not knowingly hire someone under false pretenses."

The lawsuit is another escalation of the standoff between 70,000 Southern California grocery workers and the companies that operate 860 Ralphs, Albertsons, Vons and Pavilions stores from San Diego to San Luis Obispo.

Ralphs and Albertsons locked out their union employees Oct. 12 after UFCW members went on strike against Vons. The union pulled pickets from Ralphs stores in late October, saying that Kroger, which owns Ralphs, has been the "most reasonable employer."

Ralphs managers, union officials say, are contacting locked-out union workers because they need experienced people to staff key positions.

"They say they are operating business as usual," union spokeswoman Ellen Anrider said. "But they are obviously having trouble with the scabs and need the professionals back."

Anrider and others say the chain is acting in secret because Ralphs and the other chains could be on the hook for unemployment benefits if it were discovered that they were selectively hiring back workers.

"Certain conduct can undermine the legitimacy of the lockout," said Joseph Paller, a Los Angeles attorney involved in the case for the union. "There is a real incentive to keep this quiet."

Paller said he has copies of paychecks issued to children of locked-out workers, including a 4-month-old baby. Also, he said he has pictures of people working under phony names and several willing to testify.

Paller and union officials acknowledge that the case is highly unusual.

"This is something that is unheard of," Kasparian said.

Ralphs managers sought out locked-out employees, contacting them at their homes or on the picket lines, according to union officials.

Some employees were threatened, according to the lawsuit.

Ralphs spokesman Terry O'Reilly said the case has no merit.

"We believe the union is once again trying to take attention off the real issues rather than using its resources to come up with realistic and workable solutions at the bargaining table."

A federal mediator recessed talks between both sides Dec. 19 after little progress was made on the key issue of health benefits. No new talks have been scheduled.


TOPICS: Business/Economy; News/Current Events; US: California
KEYWORDS: grocerystrike; ralphs; ufcw
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1 posted on 01/03/2004 5:43:03 PM PST by calcowgirl
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To: calcowgirl
United Food and Commercial Workes union officials allege that Ralphs is rehiring union members under false names and Social Security numbers.

They've got to get their priorities straight. It's okay to let illegals get jobs under just those circumstances, but when union employees do it, it's a controversy.

BTW Mickey Kasparian is a jerk. I hear him on the radio all the time - I hate that guy.

2 posted on 01/03/2004 5:46:38 PM PST by Tim Osman (It's okay, I wasn't using those constitutional rights anyway.)
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3 posted on 01/03/2004 5:46:42 PM PST by Support Free Republic (Freepers post from sun to sun, but a fundraiser bot's work is never done.)
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To: Tim Osman
They've got to get their priorities straight. It's okay to let illegals get jobs under just those circumstances, but when union employees do it, it's a controversy.

LOL! So True!

4 posted on 01/03/2004 5:50:28 PM PST by calcowgirl (No on Propositions 55, 56, 57, 58)
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To: calcowgirl
Kasparian was a guest on 'Larson Live', one of San Diego's conservative morning talk shows, at the beginning of the strike; once host Mark Larson started asking several tough questions about the Union's motivations, Mickey got rather defensive, and has since refused to return phone calls from the show's producer. These allegations sound absolute far-fetched if you ask me.

-Regards, T.
5 posted on 01/03/2004 5:54:28 PM PST by T Lady (Who Let the 'RATS Out?!!)
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To: T Lady
Absolute=absolutely.
6 posted on 01/03/2004 5:55:32 PM PST by T Lady (Who Let the 'RATS Out?!!)
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To: Tim Osman
United Food and Commercial Workes union officials allege that Ralphs is rehiring union members under false names and Social Security numbers.

They've got to get their priorities straight. It's okay to let illegals get jobs under just those circumstances, but when union employees do it, it's a controversy.

I vote this the best, most logical assessment of the idiotic insanity of California in 2004. Bravo!

7 posted on 01/03/2004 5:55:58 PM PST by Prime Choice (Americans are a spiritual people. We're happy to help members of al Qaeda meet God.)
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To: calcowgirl
So what??????????/ Ralphs seems to be a second rate outfit.........I still shop local.
8 posted on 01/03/2004 5:59:13 PM PST by pointsal
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To: Prime Choice
United Food and Commercial Workes union officials allege that Ralphs is rehiring union members under false names and Social Security numbers.

Translation: We Whiney Union thugs are angry that workers are dealing direcly with employers! If people deal with their own lives we wont have any power! Whaaa Whaaa

9 posted on 01/03/2004 6:01:59 PM PST by mylife
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To: pointsal
I still shop local too.

No union probs here

10 posted on 01/03/2004 6:07:43 PM PST by mylife
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To: Tim Osman
Can these people simply quit the union if they wish?
11 posted on 01/03/2004 6:09:17 PM PST by drlevy88
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To: calcowgirl
Anrider and others say the chain is acting in secret because Ralphs and the other chains could be on the hook for unemployment benefits if it were discovered that they were selectively hiring back workers

Someone on strike is eligible for unemployment compensation? something is very wrong with that
12 posted on 01/03/2004 6:15:35 PM PST by Damagro
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To: drlevy88
Can these people simply quit the union if they wish?

I am not sure what the Agreement is there but my only experience with the union was if you hired into a union job you didn't have to join the union but were GOVERNED by the union rules.

Its like having 2 masters. :^(

13 posted on 01/03/2004 6:21:08 PM PST by mylife
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To: Damagro
The folks in question did not go out on strike - they were locked out by management when the contract dispute arose.
14 posted on 01/03/2004 6:42:20 PM PST by PAR35
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To: T Lady
"These allegations sound absolute far-fetched if you ask me."

I'm not so sure. My first reaction was that this was perfectly plausible -- though not for the reason the union would have you believe.

I can see a clerk with a 4-month old baby going up to the supermarket where she had been employed and pleading with her boss to get her old job back. I can see a soft-hearted manager saying, "Sure, Suzie, you were a good worker and this is none of your fault. Let's see if we can figure out a way to help you out."

So, either the union is going to punish good-hearted charity or...Suzie set her boss up.

There is no reason -- none -- why the supermarkets should be unable to replace the clerks by hiring off the streets. Shelf stocking is not what you'd call skilled labor...

15 posted on 01/03/2004 6:54:55 PM PST by okie01 (www.ArmorforCongress.com...because Congress isn't for the morally halt and the mentally lame.)
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Comment #16 Removed by Moderator

Comment #17 Removed by Moderator

To: Tim Osman
I hope it's true .. because it means the unions are losing their grip on employees. I heard several weeks ago from one of the clerks at an Albertsons (she was a supervisor), that the unions were running out of money to pay the strikers and the strikers were getting itchy feet. Paying $20/mo. for insurance is better than being without a job.
18 posted on 01/03/2004 7:39:43 PM PST by CyberAnt (America is the greatest force for good on the planet ..!!)
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Bust those unions...let the workers work.
19 posted on 01/03/2004 7:41:53 PM PST by CounterCounterCulture (America works best without union pests --- UNION NO!)
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To: PAR35
The unions agreed in advance that if they struck, the companies could lock them out. Then the unions could make all these "oh jeez, they locked our poor workers out!" when they had agreed to it. I remember clearly when John & Ken of KFI Radio first discovered this fact long ago when someone sent them the initial (and confidential) paperwork between the unions and the stores. They were amazed. It may still be up on their website http://www.johnandken.com. I'm shopping more often at Vons now - if they can stand outside with their signs to make a point, I can walk inside and shop to make my own point.
20 posted on 01/03/2004 7:43:12 PM PST by Moonmad27 (Nobody gets in to see the Wizard, not nobody, not nohow!)
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