uncharted.ca

...has cost Raley's about $6 million, he said.

Hello Ron ---- I wanted to take this opportunity to follow up with you concerning Local 5's Town Hall Meeting scheduled on Thursday, February 2, 2012 in San Francisco. I appreciated the opportunity to be able to watch the entire program over the Internet.

Once again, I would like to commend you / staff and thank you for your on going commitment / effort to inform / provide Local 5 Retirees & Active members with the latest information concerning Food Negotiations via the Internet, Local 5's website, mailings, etc....

I do however, need for you to clarify something for me that you stated during your presentation at the Town Hall Meeting. Specifically, it was my understanding that you indicated that the Unions were prohibited from taking any kind of action in front of our Employer stores based on existing Contract language?

Is that correct?

If that is correct, would you be so kind as to provide me with specific existing contract language, including all letters of understanding, etc., that supports your position as it would apply to (Raleys / Nob Hill), (SaveMart / Luckys) and (Safeway / Vons) that would prohibit UFCW Local's #5, #8 and #648 from taking action in front of our Employer stores.

With the exception of the existing Contract language we have with Safeway, which we both know UFCW Members / Retirees here in Northern Ca. continue to be haunted by the specific UFCW / Safeway, Sec. 17.1 Contract Language negotiated by the Loveall Regime, I must disagree with your position that we can not take action in front of the other Employer's stores.

For whatever it is worth, clearly the time has come for our Northern Ca. UFCW Leadership, including the I.U., to immediately start applying pressure @ targeted stores throughout Local 5, 8 and 648’s jurisdictions by informing the public what these Food Employer’s are attempting to do to our Active Members and especially with the current Employer's proposal to eliminate Retiree Health Benefit coverage during these Food Negotiations!

I am not talking about striking these Employer's. What I am suggesting is that in conjunction with our on going Negotiations with these Employer’s, additional pressure must be applied by the UFCW by conducting “informational picketing, leafleting, etc…… at targeted stores within our jurisdictions.

The Employer’s would go crazy! What could they do? We are still Negotiating, our Members are still working and our customer’s would be informed of our three (3) Food Employer’s intentions to screw our Active Members & Retirees with their current proposals on the table!!!

We both know that this tactic was very effective several years back with the Bay Area Coalition under the outstanding Leadership from Jim Grogan, currently Local 5's Organizing Director.

Ron, based on the above, I thought that it would be appropriate to examine the various Strike or Lockout Language found in the (Raleys / Nob Hill), (SaveMart / Lucky) and (Safeway / Vons) Contracts for 2007-2011 to determine what “if” any contract language restrictions would prohibit / hinder UFCW Local 5, 8, 648 including the I.U., from engaging in informational picketing / handbilling etc., in front of these Employer’s stores.

The following information was taken directly from the following UFCW Local 5 Food and Meat Agreements.

UFCW Food and Meat Agreements between UFCW Local 5 and Nob Hill General Store from December 2, 2007 to and including October 11, 2011.
[b]
Section 19. Strike Or Lockout (Page 57.)

19.1 During the life of this Agreement, the Union agrees not to engage in any strike or stoppage of work.

19.2 During the life of this Agreement, the Employer agrees not to engage in any lockout.

19.3 Refusal of any employee covered by the terms of this Agreement to pass through any lawful primary picket line which has been sanctioned by the Central Labor Council of proper jurisdiction and/or the United Food and Commercial Workers International Union shall not constitute a violation of this Agreement. [/b]

UFCW Food and Meat Agreements between UFCW Local 5 and SaveMart Supermarkets from December 2, 2007 to and including October 8, 2011.

Section 20. Strike Or Lockout (Page 43.)

20.1 No Strike: During the life of this Agreement, the Union agrees not to engage in any strike or stoppage of work as long as the Employer has not committed an act held by the Adjustment Board or Arbitrator to be in violation of this Agreement, or the Employer is not in clear violation of a provision of this Agreement where no question of interpretation is involved.

20.2 No Lockout: During the life of this Agreement, the Employer agrees not to engage in any lockout as long as the Union has not committed an act held by the Adjustment Board or Arbitrator to be in violation of this Agreement or the Union is not in clear violation of this Agreement where no question of interpretation is involved.

20.3 No Violation: Refusal of any employee covered by the terms of this Agreement to pass through any picket line which has been sanctioned by the Central Labor Council of proper jurisdiction and/or the United Food and Commercial Workers International Union shall not constitute a violation of this Agreement.

UFCW Food and Meat Agreements between UFCW Local 5 and Safeway Food Stores from December 2, 2007 to and including October 6, 2011.

Section 17. Strike Or Lockout (Page 107.)

17.1 (Food and Meat) During the life of the Agreement, the Union agrees not to engage in any stoppage of work. Furthermore, the Union and its representatives, including store representatives, agree not to boycott, handbill, publicly disparage or engage in any adverse economic action against the Employer’s stores covered by this Agreement. This provision does not apply in any of the Employer’s stores where the Union has not been recognized by the Employer as the employees’ bargaining representative.

17.2 (Food) During the life of this Agreement the Employer agrees not to engage in any lockout.

17.3 (Food) Refusal of any Employee covered by the terms of this Agreement to pass through any lawful primary picket line, which has been sanctioned by the Central Labor Council of proper jurisdiction and/or the United Food and Commercial Workers International Union shall not constitute a violation of this Agreement.

17.4 (Meat) Notwithstanding any other provisions of this Agreement to the contrary, it shall not be a violation of this Agreement for any person covered by this Agreement to refuse to cross any lawful primary picket line or to refuse to work behind any lawful primary picket line; and such refusal shall not constitute grounds for or cause for discharge, layoff, demotion, suspension, or any other disciplinary action.

17.5 (Meat) There shall be no strikes, lockouts or other forms of work stoppage while any matter, dispute or grievance is under process of adjustment or arbitration as provided for herein.

In conjunction with Section 17 here is the applicable Letter of Understanding between UFCW Local 5 and Safeway (Page 148.):

The Employers agree that Section 17.1 of the Collective Bargaining Agreement does not prevent the Union from assisting the employees covered by the Agreement from filing any state or federal lawsuit which is designed to enforce any state or federal employee protection law or laws. Further, the Employers agree that the Union can be party to such lawsuits. The Employers further agree that Section 17.1 of the Agreement does not prevent the Employees covered by the Agreement does not prevent the Employees covered by the Agreement from personally boycotting and/or hand billing the Employer.

After reviewing all three (3) contracts, clearly with the exception of Safeway, the UFCW Local and I.U. Leadership have the contract language to support various types of actions at the other two (2) Employer store locations throughout Northern Ca.

Which brings me back to my request for clarification from you. Assuming all of the above information is accurate, I am curious as to why you would infer at the Town Hall Meeting held on 2/2/12 that Local 5 would be prohibited from taking action at specific Food Employer's Stores involved with these Negotiations.

Looking forward to your response / clarification.

Thank You for your time.

John Briley

Until such time as the three (3) UFCW President's grow a pair and start demonstrating some militancy towards, Raleys / Nob Hill, Safeway / Vons / & Savemart / Luckys, Northern Ca. UFCW Members / Retirees are going to get screwed!!

The gathering was "charged with the energy of Solidarity," President Loveall said.

"We stand shoulder to shoulder and have each other's back," he continued.

"Nothing will divide us."

The "Loveall Regime" is and has always been about Greed and not what is in the best interest of Local 8 Members / Retirees including the rest of the UFCW Members / Retirees here in Northern California!!!