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October 17, 2007 - 12:54AM
Updated: October 17, 2007 - 12:01PM

Board rules Bashas’ violated Labor Relations Act

David Woodfill, Tribune

The National Labor Relations Board has ruled that Bashas’ violated the Labor Relations Act by withdrawing recognition and failing to consult the union representing several of its stores prior to implementing workplace changes.

Administrative Law Judge William G. Kocol ruled Oct. 10 that the Chandler-based grocer did not negotiate with members of the United Food and Commercial Workers organization before installing self-serve checkout stations in unionized stores, nor did it consult the group before it closed two stores, including one in Apache Junction.

The ruling affects only nine stores previously owned by ABCO Foods or ASI grocery stores where workers had organized before the Bashas’ buyouts. Workers in other Bashas’ stores don’t have union representation.

Jim McLaughlin, president of UFCW Local 99, said the ruling is a clear affirmation that the union still represents employees who unionized before their stores were acquired by Bashas’.

But Bashas’ representatives said they won the key fight when the NLRB judge threw out a union charge that the company should have negotiated changes to employees’ health plan requiring the company to pay part of their premiums. The judge ruled the UFCW didn’t file before the statutory deadline.

“They’ve lost what they really wanted to win,” said Larry Katz, an attorney representing the company.

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