Walmart Fights UFCW to Keep Black Friday from Going Dark

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For months, the UFCW and their subsidiary group, OUR Walmart, have been making noises that they’ll be striking at Walmarts across the country during arguably the biggest retail day of the whole year- Black Friday.

Now Walmart is finally fighting fire with fire, and taking legal action against the UFCW:

Wal-Mart filed an unfair labor practice charge against the United Food and Commercial Workers International Union, or UFCW, asking the National Labor Relations Board to halt what the retailer says are unlawful attempts to disrupt its business.

The move comes just a week before what is expected to be the largest organized action against the world’s largest retailer, as a small group of Walmart workers prepare to strike on Black Friday, typically the busiest shopping day of the year.

The response from the NLRB is expected to come sooner rather than later, as Black Friday is imminently approaching, and the impact on Walmart sales could be drastic.

UFCW’s approach here seems to fit the “we hate you, so join us” attitude that we’ve written on extensively here. In this approach, the UFCW is threatening to cut Walmart where it hurts- their bottom line. Rather than negotiating for better wages or making their case in the court of public opinion, they

However, as we’ve seen, this approach does not work well in practice. For all of the previous attempts the UFCW has made to unionize America’s largest employer, Walmart has yet to unionize any of their stores, or even change their attitude towards unionization. But rather than change course, the UFCW has instead decided to double down on attacking the employer.

This is a particularly bad strategy- not only because it only seems to fuel the animosity Walmart has for the UFCW, but because it also hurts the very employees the UFCW claims they are trying to help. Right now, the U.S. economy is not in a particularly good spot, and people are clamoring for whatever jobs they can get.

When a company has a significant loss of revenue, they’re less likely to be able to use that revenue to promote their employees, increase their employee’s benefits, or be able to retain employees especially in a down economy. But by undermining the company’s chief source of revenue, we see a key contradiction between the UFCW’s stated goals of helping employees and their real goals of unionizing more companies at any cost.

One of the origins of the phrase “Black Friday” comes from the accounting practice of using red ink for deficit revenue  and black ink for positive revenue- the Friday after Thanksgiving would the first day some companies would be “into the black,” or finally making a profit for the year. By undermining Walmart, the UFCW is showing their real colors- they don’t mind if the company doesn’t make a profit, as long as they keep getting their dues money from workers to finance their lavish lifestyles.

For months, the UFCW and their subsidiary group, OUR Walmart, have been making noises that they’ll be striking at Walmarts across the country during arguably the biggest retail day of the whole year- Black Friday. Now Walmart is finally fighting fire with fire, and taking legal action against the UFCW: Wal-Mart filed an unfair labor practice…

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Former UFCW Local 400 Employee Sues Union for Contract Breach

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One of the most important jobs of a union is to ostensibly protect workers from their employers. The union ensures that the employer does not take advantage of its employees and in return, asks for support from the employees. However, what happens when it’s the union that is taking advantage of the employees? Who oversees the unions when they take advantage of their employees?

Jeffrey Seaman is finding out the hard way that sometimes unions like UFCW can take advantage of their own- after leaving the UFCW, they reneged on their severance agreement:

Seaman claims he did not receive any salary checks after Nov. 5, 2010.
The defendant failed to respond to Seaman when he requested the status of his salary checks or the reason for their absence, according to the suit.
Seaman claims the defendant’s failure to pay his salary violates the severance agreement and he has yet to receive the $25,000 automobile allowance minus appropriate and required withholdings.
The defendant’s actions violate West Virginia code and have caused Seaman damages, according to the suit.

This kind of poor treatment from the union is quite hypocritical because, as they say on their website, “Members of Local 400 are an important part of a democratic organization, one with a very important goal: to help workers obtain and hold onto better paychecks, job security, decent fringe benefits and justice on the job.”

Unfortunately, that dedication to better paychecks and justice does not seem to extend to their own employees after they leave the job.

Fortunately, Seaman has recourse outside of the UFCW to make sure his former employer lives up to their end of the deal- the courts. Because of the UFCW Local 400’s failure to live up to their contract, Seaman has to fight back using legal resources.

At very least, the UFCW needs to live up to their own promises and fulfill Seaman’s severance agreement. More importantly, it needs to ensure that the violations of trust are addressed and dealt with. The UFCW cannot ever hope to gain the trust of their members if they cannot fulfill their promises to their own employees.

One of the most important jobs of a union is to ostensibly protect workers from their employers. The union ensures that the employer does not take advantage of its employees and in return, asks for support from the employees. However, what happens when it’s the union that is taking advantage of the employees? Who oversees…

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UFCW Boycotts Grocer for Following Law on E-Verify

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The Justice for Mercados Campaign, a campaign led by California’s United Food and Commercial Workers, have called for a boycott of Mi Pueblo, a grocery store based in San Jose. The store’s crime: signing up for a federal program- E-Verify – to comply with immigration law:

The company said on Friday that it joined E-Verify after federal immigration officials launched an audit of its existing workers’ immigration status in August, the San Jose Mercury News reported.

The chain’s founder, Juvenal Chavez, himself a former undocumented immigrant, has briefed employees over the past week, the Los Angeles Times reported over the weekend.

While E-Verify is a voluntary program, it does offer Mi Pueblo the ability to take matters into their own hands, rather than have federal investigators audit their employees and create potential problems. Of course, by taking the action themselves rather than having the auditors take care of it (presumably at higher expense and with more stress to the situation), they brought the attention and ire of the UFCW. The union’s solution: unionize their workforce, of course! Read More

The Justice for Mercados Campaign, a campaign led by California’s United Food and Commercial Workers, have called for a boycott of Mi Pueblo, a grocery store based in San Jose. The store’s crime: signing up for a federal program- E-Verify – to comply with immigration law: The company said on Friday that it joined E-Verify…

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Busted: 3 UFCW Union Leaders Extorted from Employers

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It reads like something out of a crime novel- three men with the same last name organizing crime in extorting money and embezzling from employers, laundering the money and making millions in the process. Except in this case- it’s all too true:

Three UFCW union bosses extorted money from at least a dozen employers, laundered it and tampered with witnesses in a decade-long racketeering enterprise, federal prosecutors say in a 6-count indictment. The defendants are Anthony Fazio, Anthony Fazio Jr. and John Fazio Jr.

In this day and age, it appears that leaders of the UFCW are becoming a replacement for the old-school mafias of the 1920s, complete with embezzling, crime families, and cover-ups.

And the rabbit hole goes deeper: via LaborUnionReport, court documents describe the Fazio’s “Racketeering Enterprise” as one “unlawfully extorting, soliciting and obtaining cash payments, in violation of federal and state labor law, from business owners [whose] employees were represented by Local 348”.

This court documents implicate the UFCW as well- “Members and associates of the enterprise exploited their positions within the enterprise to extort, solicit and obtain unlawful payments of money from business owners”. The Fazios specifically targeted employers who employed UFCW Local 348 members, even as they took paychecks from the Local 348. These employers were “afraid they would suffer physical or economic harm if they did not comply with the Fazio’s demands.”

One of the most insidious effects of these actions is that when the heads of a union negotiate separately with employers in an unlawful manner, often times it means they make deals that hurt the employees. This means that rather than working to get the best deal for union employees, union leaders take cash for their own pockets instead. The employers pay less out, the union leaders take more money home, and the employees are the ones left hurting.

It reads like something out of a crime novel- three men with the same last name organizing crime in extorting money and embezzling from employers, laundering the money and making millions in the process. Except in this case- it’s all too true: Three UFCW union bosses extorted money from at least a dozen employers, laundered…

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Happy Birthday UFCW! We’re Kicking You Out.

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On August 8th, 1979, the United Food and Commercial Workers was formed. A merger between the Amalgamated Meat Cutters and Butcher Workers of North America and the Retail Clerks International Union formed the basis of their support. The newly-formed union expanded to where it now covers over a million workers of all different professions.

Which is why it’s so interesting that workers are now rejecting them in increasing numbers, and their causes are alienating more people by the day.

Take the 2-day special election, overseen by the NLRB, where Factor Sales employees rejected the UFCW’s attempt to unionize them:

Even as a UFCW organizer vowed to challenge the election, anti-union employees of Factor Sales and the company’s president, Victor Salcido, saw the vote as putting to rest a nearly yearlong campaign that had divided the chain’s workers.“All I can tell is that the vote was respected, and that’s it,” said Salcido after the vote tally was completed. “Thanks to God, justice was done.”
In a gathering attended by Salcido, anti-UFCW workers celebrated the vote, chanting, “Si se pudo” (“Yes we did”).
The irony of seeing employees using the Obama campaign’s slogan against the union (who, by the way, spent over 13.1 million electing Obama and other state/federal candidates, and reported over $900,000 spent with the AFL-CIO on political advertising) shouldn’t be lost on the UFCW.

But it seems they are, however, allergic to learning a lesson- their spokesman said the UFCW is contesting the election with the NLRB and will attempt to attack the employer through unfair labor practices. Perhaps that’s why they’re picketing a small city mom-and-pop businesses that isn’t even profitable yet? Yes, you read that right- Read More

On August 8th, 1979, the United Food and Commercial Workers was formed. A merger between the Amalgamated Meat Cutters and Butcher Workers of North America and the Retail Clerks International Union formed the basis of their support. The newly-formed union expanded to where it now covers over a million workers of all different professions. Which…

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UFCW Strike Stops Red Cross Blood Drive

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For about four years, there hasn’t been a contract between the United Food and Commercial Workers (UFCW) Local 75 and the Red Cross’ Toledo office. Despite multiple trips to the bargaining table, no agreement has been reached.
Now, the UFCW Local 75 is taking a radically extreme step, and stopping an annual blood drive- one with significant local support:

The 25th Annual Interfaith Blood Drive that had been scheduled for June 23 and 24 has been postponed indefinitely because of the Red Cross workers’ strike.

Devorah Shulamit, founder and chairman of the blood drive that is supported by multiple local religious groups and individuals, said the event “has been caught in the middle of a very sad and unfortunate position due to the strike.”

The ongoing strike has centered on health care, with the Red Cross offering plans similar to other charity groups, and the UFCW Local 75 demanding more concessions.

In a statement the Red Cross issued, they clarified their position:

The biggest obstacle in these difficult negotiations is health care. The Red Cross has made proposals consistent with those made elsewhere, and we are disappointed that the union continues to demand more.

The Red Cross has put forward contract proposals consistent with the health, dental, vision and life insurance benefits package provided locally to our non-union staff, including management. We offered multiple plan options at various pricing levels designed to meet the needs of our employees and their families.

The Red Cross has settled 20 contracts with other local labor unions across the country since July 2011. Two of these agreements came after UFCW Local 75 began its strike. This shows we are committed to reaching successful resolutions to negotiations, and we believe a contract should be achieved here as well.

While the health care concerns of UFCW Local 75 may be significant, the Red Cross does significant life saving work. Blood drives are an important way to make sure that blood banks are prepared in the case of emergency. More importantly, donated blood helps save lives.

For the UFCW to continue to fight for special benefits even after other local unions have agreed to similar terms, and to interrupt life-saving services, is beyond selfish- it’s downright wrong.

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For about four years, there hasn’t been a contract between the United Food and Commercial Workers (UFCW) Local 75 and the Red Cross’ Toledo office. Despite multiple trips to the bargaining table, no agreement has been reached. Now, the UFCW Local 75 is taking a radically extreme step, and stopping an annual blood drive- one…

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UFCW To Walmart- We Hate You – Join Us

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“A wolf in sheep’s clothing.”
That’s what the UFCW thinks of Walmart, according to Thomas P. McNutt, president of Local 400 of the United Food and Commercial Workers.

But of course the UFCW Local 400 has something to lose when it comes to having new jobs in the area—it represents “employees of area Giant, Safeway and Shoppers Food Warehouse stores.” Rather than asking the Walmart employees to join the UFCW family the union attacks and belittles them.

McNutt himself spells it out in a blog post on the UFCW 400 blog:

“For we are family,” he said. “One big family. Just like family, we’ve got to have each other’s backs. We’ve got to treat an attack on one like it’s an attack on all. And we’ve got to always put our family first.”

This “Family First” policy consists of pitting certain employees against other   employees. Walmart is expanding its’ company stores across new areas in Washington, D.C. and other major cities, and the UFCW is opposed to these new jobs at a time where unemployment is all the way up to 9.5% in D.C. Local UFCW chapters have launched campaigns aimed at stopping the consumer giant from establishing stores, with corresponding job opportunities, in new areas.

So what exactly is UFCW claiming Walmart will do?
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Screen shot 2011-05-23 at 9.37.48 AM

“A wolf in sheep’s clothing.” That’s what the UFCW thinks of Walmart, according to Thomas P. McNutt, president of Local 400 of the United Food and Commercial Workers. But of course the UFCW Local 400 has something to lose when it comes to having new jobs in the area—it represents “employees of area Giant, Safeway…

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