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Union files charges with labor board against Albertsons

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NORTH COUNTY -- The union representing Southern California grocery workers has filed charges with the National Labor Relations Board alleging that Albertsons intimidated workers in the lead-up to Sunday's membership vote to authorize a possible strike.

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The charges allege that Albertsons management forced employees to watch an anti-union video urging a "no" vote on the strike, sent home union activists to prevent them from speaking with fellow workers, kept records of employee preferences on the strike vote and asked workers about how they were going to vote, according to union officials.

"There were a bunch of instances of people who were identified as strong union supporters who were asked to watch the video by themselves, flanked by a group of managers," said Mike Shimpock, a spokesman for the union.

A representative for Albertsons said Thursday that "all of their charges are completely devoid of any factual or legal merit."

Albertsons spokeswoman Stephanie Martin said that the union's actions are nothing more than a distraction from "the serious work that needs to be done at the (negotiation) table."

She said Albertsons has yet to receive copies of the charges, but once it does, it will respond and will follow all labor board procedures to the letter.

"We have nothing to hide," she said. "We will be cleared of all charges -- we stand very strongly behind this statement."

Mickey Kasparian, the president of Local 135 of the United Food and Commercial Workers of Southern California, said several alleged labor violations occurred at stores throughout San Diego County.

"It wasn't just one or two store managers who didn't know any better," Kasparian said.

Albertsons has 48 stores in San Diego County and eight in Southwest Riverside County. It employs more than 5,000 people in those stores, according to company officials.

On Sunday, workers approved giving union officials the authority to declare a strike if they are not able to reach an agreement with Albertsons management. At issue is the 11,000-member union's dislike for a two-tiered system that provides older employees with better health care and wage benefits than new employees receive.

The union recently approved extending the contract, which expired in mid-March, through April 9. Under union rules, a strike cannot occur as long as the contract is in effect. When April 9 comes, the extension will be extended on a day-to-day basis or until the union gives 72 hours' notice that it intends to terminate the extension.

Company officials have defended the current contract, saying it's in line with grocery union contracts across the country, as union stores compete head to head with nonunion stores that have lower labor costs.

Meanwhile, union officials have accused the owners of Albertsons and two other chains, Vons and Ralphs, of a race to end middle-class jobs for supermarket employees.

The charges allege that Albertsons managers at a Spring Valley store sought to "coerce and intimidate" an employee and sent him home early, preventing him from finishing his shift.

Kasparian alleged that there were widespread instances across the county of managers forcing employees to watch an anti-strike video and then asking them how they were going to vote.

An official with the National Labor Relations Board confirmed Thursday afternoon that the charges had been filed. He said investigators will review the evidence in support of the allegations, then contact Albertsons officials to get their side of the story. After that, the regional office in Los Angeles will make a determination as to whether the National Labor Relations Act was violated.

If the office determines that a violation of law occurred, then it will issue a complaint as a prelude to prosecuting the case, said labor board supervisor and investigator Travis Williams. Another board investigator said that he expects the investigation will be completed and a decision made on the case within five weeks.

In October 2003, stalled negotiations resulted in a strike at Vons and a lockout of union employees at Albertsons and Ralphs grocery stores. Combined, those three chains make up the majority of grocery stores in the region. The 2003 strike lasted nearly five months, idling 59,000 workers and costing the three chains an estimated $1.5 billion to $2.5 billion.

- Contact staff writer William Finn Bennett at (760) 740-5426 or wbennett@nctimes.com. Comment at nctimes.com.

To review the National Labor Relations Act, go to http://www.nlrb.gov/about_us/overview/national_labor_relations_act.aspx.

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