Workers Fighting Union-Busting May Have a New Legal Tool at Their Disposal

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Workers Fighting Union-Busting May Have a New Legal Tool at Their Disposal
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A class-action lawsuit against a California-based grocery retailer could set a new precedent against union-busters.

The plaintiffs’ complaint outlined how Save Mart, deceptively, touted the quality of its benefits as part of a relentless union-busting strategy orchestrated at the highest level of the corporate hierarchy. When the company opened a new store, for example, executives and high-ranking human resources employees would descend on the staff with generous promises to diminish the appeal of organizing, the filing alleged.

“Internally, these meetings were referred to as ‘the roadshow’ or ‘kumbaya’ meetings because ‘the purpose was to foster harmony amongst the employees by reassuring them about their benefits and quelling any desires to give up those benefits’ by unionizing,” the complaint said. “The message worked: many Save Mart stores remained non-union.”

“Our members can rest assured they have the benefit of solid successor language which guarantees they will continue to enjoy the benefits of their Union memberships and labor contracts,” UFCW Local 8-Golden StateMost legal battles against union busters are waged by workers under the National Labor Relations Act , the law that grants legal protections to workplace organizing.

Eric Fink, associate professor of Elon University School of Law, echoed Soldon’s analysis, saying that there’s a high threshold under the NLRA for securing charges against union-busting managers who make deceptive claims about benefits, and the remedies are weak.

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