Labor union is picking an unfounded fight with Bashas'

By Lionel Waxman, Inside Tucson Business
Published on Friday, May 29, 2009

It is no secret these are difficult days for most businesses. But they are more difficult for some than others. Consider Bashas’ chain of food stores in Arizona. In addition to the expected pressure on profits exerted by rising prices and declining purchasing power of their customer base, Bashas’ has been attacked by the United Food & Commercial Workers (UFCW) union.

Yes, attacked is the right word. The union is determined it wants to organize representation of Bashas’, even though the employees have made it clear they don’t want to be represented by the union.

So the UFCW started a campaign that included threats and dirty tricks. That’s entirely believable. Our experience with labor unions has been rife with strong-arm tactics and intimidation. That’s the only way they can get accepted by the employer and the employees.

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Bashas’, though still a family-operated chain, is big. It employs 14,000 people in Arizona. It is a plum the union wants to pick. An irresistible prize of 14,000 new dues-payers.

Unions are under pressure these days, too. Fewer workers want to be in a union. There are many reasons for this, but it is a fact.

Arizona is a Right to Work state. The state constitution guarantees the right to work without having to join a union. It is illegal to link a job to union membership. If the union were to succeed in getting 13,999 employees to join and if one bag boy wanted to work his job without the union, the law requires he be permitted to do so.

One of the reasons the drafters of our state constitution believed that guarantee is important is to avoid just the confrontations now going on between Bashas’ and the union.

Bashas’ claims that union people filed complaints of all kinds with various government agencies, even going so far as to report that its stores were selling out-of-date baby food, then placing jars of out-of-date food on the shelves so inspectors would be certain to find it.

Phony claims of dirty conditions were made. And union people again ensured there would be violations to find. This kind of labor disruption is damaging to both the merchant and the worker as well as the economy in general.

Anyone who wants to join a union can, but the union may not use force or intimidation to achieve it. We have all heard stories about the thugery that goes on in states not protected by Right to Work laws. Our framers wanted to exclude that kind of thing from Arizona.

What kind of thing? Imagine you are in charge of Bashas’ and union “representatives” call a meeting. In that meeting you are given an ultimatum: force all your employees to join the union and accept union representation and work rules or the union will destroy your entire business. This and much more is happening to Bashas’.

The union tried to put a wedge between Bashas’ and its Hispanic customers by making unfounded charges of discrimination. Bashas’ filed a lawsuit against the union which is now proceeding through the courts. But the union has never abandoned its desire to destroy Bashas’.

Bashas’ has filed a 374-paragraph complaint against the union alleging 10 different flavors of serious misconduct and seeking compensatory and punitive damages as well as injunctions against dirty tricks. The union has answered, essentially denying everything.

With the smell of racketeering emanating from this and most union headquarters, it is no wonder that union membership is dwindling. Bashas’ employees are happy with the treatment they receive from their company and do not want to be involved in the contentiousness generated by this contest.

If the UFCW cannot conform to the expressed wished of Arizonans, it should pack up its kit bag and head for the places where they have a better chance of being welcomed. Go to New York. Go to Chicago. Go to Detroit. You’re not wanted here.
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Comments

Cat wrote on Oct 20, 2009 3:39 PM:

" Unions are not the devil. The problem is "Right to Work" states. Sure, that means you can choose to be union or not but it also means that your employer can fire you for any reason under the sun or none at all. That should be illegal. I am pro-union because I believe that once you are hired there should only be certain reasons to legally fire you; like tardyness, drug use, theft, abusive language, etc. And those instances of firing should be required to be documented.
I also know that most large companies will work out how to pay their employees the least possible amount and the only way a worker can change that is to band together. "Right to Work" states have created inequities in pay across the US and are a large part of 'brain drain' that can only be stopped by federal law making the concept illegal. If we make firing an employee legal only under certain circumstances companies will be more careful about hiring policies, financial planning and this will allow us to move back to employer sponsored retirement. 401k's and all that can go back to the hole from which they came.

Past that, states would not have as large of liabilities in their Unemployment programs. Which should also be standardized across the states. "Right to Work" states pay the least amount in weekly unemployment benefits as well.

Right to work means right to suffer. "

bashas employee wrote on Oct 3, 2009 7:24 PM:

" i'm currently working at bashas, i've been there working part time since 2006 and i love it there. they're very flexable with special needs and requests. everyone i work with have created "NO UNION" bottoms and we all wear them. bashas' has been straight-up honest with us regarding the union situation. those of us who really are employeed with bashas' know that..remember our quarterly meetings held every year! bashas' have said "If we want to vote upon having union represenation, we will but NOBODY WANTS IT!"

speaking of tricks, the union have attempted to make other false claims using Hunger For Respect, a fake company they created.

YES, WE HAVE DECIDED OUR OWN FATES:

NO UNION! GO AWAY! "

Dont Need No Steenking Union wrote on Jun 4, 2009 4:50 PM:

" Thank God Mr. Waxman has the guts to tell Arizonans exactly what the Unscrupulous Fraudulent Corrupt Worthless (that's UFCW) union is all about. Here we have a group of people who want to represent the Bashas employees because they "care" about their working conditions. Yet their union president has publicly stated, no ifs, ands, or buts, that if Bashas does not unionize then the union will do everything they can to put a 77 year old Arizona company out of business. What a swell bunch of individuals! Hey Mr. UFCW rep, where do I sign up with you guys? It's really hard for me to fathom why anyone would want to be a part of the UFCW with people like that leading their organization. I am not stupid and neither are the employees of Bashas. Not one single person in my store wants union interference. And I am 100% confident that this feeling exists in all of our stores. Think about this. Let's say the union actually put Bashas out of business. That would mean 14,000 Arizonans would lose their jobs. And the union wouldn't bat an eye. But then, that's what immoral people do. I am certainly convinced in my own mind that none of these people can call themselves Christians. Oh, there would be some concern about all of the union dues they lost, but oh well, that's part of doing business. I am 56 years old, had my first job at 16, worked for Bashas for 10 of those years and have never ever needed a "babysitter" to help me in any job that I have ever had in those 40 years. Be a good, honest, and responsible employee and you won't need someone to watch your back all of the time. When the subject of unions has arisen in the past, every single person I have ever talked to who has belonged to any kind of union has told me flat out that they would never belong to a union again. EVERY SINGLE PERSON! Gee, I wonder why that is! Why is it that you never hear one nice thing said about unions when the subject comes up? Why? Why are the car manufacturers going bankrupt? Why is it people tell you never buy an American car if it was built on a Monday or Friday? The auto workers didn't cause the whole automobile mess, but you can bet that their overpayed (the average Ford worker will make $53 an hour this year)members building shoddy products had a significant impact on the problem. Oh goodness, you just got to love those union people. Golly, where would this country be if they weren't around. Makes you think, doesn't it. Like Mr. Waxman stated before, take your union to Detroit or New York or Chicago. We don't want you. Never did, never will. "

feelthelove wrote on Jun 2, 2009 6:15 PM:

" LOL, thanks for the compliment anonymous but if a union was going to plant someone here I would hope they have someone a lot more intellligent and knowledgeable than me. Am I pro-union? Yes I am. Was I a union member? Yes I was.

My next response is to No union ever, who I believe is also posting as anonymous. That sounds like the typical Bashas management line " Bashas members have said repeatedly that we don't want a union!" Sorry to let you in on the big secret but there are plenty of members that do want the union, so why don't we let the Bashas members speak for theirselves by letting them cast a ballot for or against union representation. That seems to be the most logical and democratic way to solve this dispute between the union and the Bashas company. "

No union ever wrote on Jun 2, 2009 2:01 AM:

" thanks for the great article!
feelthelove Bashas memebers have said repeatly that we don't want a union! the union just doesn't understand the word no! "

Dienekes wrote on Jun 1, 2009 9:37 AM:

" The UFCW is a hypocritical bastion of bulls**t artists who have caused their own workers to strike, fired (without cause) their own staff, and continue to rake in millions of dollars per year from workers who are required to pay the union or be fired (because they do not live in Right to Work states).

For real life examples, go to 1-888-NO-UNION.COM, go under Union Profiles, and click on the page (Food & Commercial Workers). "

anonymous wrote on Jun 1, 2009 2:51 AM:

" feelthelove must be a union plant. "

Anti Union wrote on May 31, 2009 9:04 AM:

" You are correct Truth. Look what they tried with Food Lion years ago and boy did Food Lion ever put them in their place! That is the approach that all other retailers need to take with them. The UFCW has even taken the same approach that Food Lion took with them as it relates to using the RICO statutes. Just look at what has happened to the auto industry, The unions are what has caused that downfall!!! "

Truth wrote on May 31, 2009 8:06 AM:

" This is a great article and is true in every sense of the word. The UFCW has a long history is such tactics and it only takes a little time to research and see what they have done in the past up to and including being taken to court and found guilty of such tactics, both in civil and criminal courts. They lie, cheat and steal from their members thus the reason why they continue to do all they can to gain membership to off-set their losses. They want EFCA to pass because it legalizes some of their tactics they are currently using and removes the freedoms that the workforce not experiences. EFCA is nothing but the "Employee NO Choice Act". Read what it proposes and you will see that what I speak is the truth. It does away with the secret ballot, the very way in which the leaders that have proposed this junk were elected to their current office. It allows the union to intimidate and cause employees to vote for something they really do not want. "

feelthelove wrote on May 30, 2009 6:56 AM:

" Now thats a great one sided biased opinon that is full of nothing but lies and BS. The truth of the matter is that Bashas is violating many federal laws in their attempt to keep their employees from voting for union representation. Bashas uses many intimidation tactics that include firing employees for their union involvment. How about both the union and Bashas drop all the lawsuits and National Labor Relations Board charges against each other and put the workers Bashas fired for union involement back to work and lets let the employees decide whether they want a union or not. Hopefully the Employee Free Choice Act gets passed and these kind of battles between the unions and companies will be decided by the employees and whether over 50% sign authorization cards for union representation or not. It's time to get back to the democratic way and let the emploees decide their own fate. "

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