THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, August 5, 1995 TAG: 9508050292
SECTION: BUSINESS PAGE: D1 EDITION: FINAL
SOURCE: BY STEPHANIE STOUGHTON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 87 lines
Be-Lo Food Stores, the local grocery chain, misbehaved during union elections several years ago and now must negotiate with the United Food and Commercial Workers Union, a federal agency has ruled.
Be-Lo also must compensate and offer jobs to about a dozen past employees who were dismissed during the company's struggle with the union, a three-judge panel of the the National Labor Relations Board said.
``What this says is that we've won,'' Thomas R. McNutt, president of the UFCW Local 400, said during a news conference Friday. ``Be-Lo has to sit down and bargain with us. Sooner or later, it will be enforced.''
Several Be-Lo officials and the company's attorney could not be reached Friday. The company can still appeal to the Fourth U.S. Circuit Court of Appeals, union attorney Carey R. Butsavage said.
The National Labor Relations Board decision stems from union elections in March 1991. The union accused the grocery chain of illegally threatening workers and punishing several union-linked employees.
Workers said they were warned that stores would be closed and their jobs eliminated if the union prevailed. Some employees werefired, laid off or had their hours cut, the board said.
``At one point, we had more than 400 authorization cards saying, `Yes, we want to have union representation,' '' Butsavage said. ``In a two-month period, they were able to scare about 180 of those workers.''
Be-Lo employees ultimately voted against union representation, 377-220.
To make up for its actions, Be-Lo must offer to reinstate and give back pay to about a dozen employees who were fired or laid off from their jobs, the labor relations board ruled Monday.
Shirley Terry, now a Virginia Beach homemaker, was one of those workers. As a deli-bakery manager at Be-Lo, her troubles began shortly after her name appeared in a union flier.
Be-Lo management began to harass her by increasing scrutiny of her work area, the federal agency said. In May 1991, Terry was fired for ``improperly discounting and giving away old food.'' She denied it.
``During that time, it was kind of tough,'' Terry said Friday. ``I enjoyed my job, but there were a lot of things going on that I didn't enjoy.
In addition to compensating former employees, Be-Lo also must reimburse two employees who were either suspended or had their hours cut, and pay some of the union's attorney fees, the board said.
This week's ruling represents a harsher stance for the labor relations board. Two years ago, an administrative law judge with the board ordered Be-Lo to bargain with the union. The union appealed to the full board. In this week's ruling, the three-judge panel sided with most of the judge's arguments but reversed several crucial decisions in favor of the union.
The panel, in reversing one of the judge's decisions, ruled that Be-Lo illegally threatened its employees by sending them messages about store closings and job losses. In another reversal, the three judges said Be-Lo illegally denied union pickets access to certain stores after the election.
Be-Lo isn't the only chain the United Food and Commercial Workers Union is trying to convert. The organization also has gone after Camellia Food's other subsidiaries: Meatland and Food City grocery stores on the Eastern Shore and Farm Fresh, among others.
When Hannaford Brothers Co. and Harris Teeter arrive in Hampton Roads, they can expect ``more of the same,'' said McNutt, Local 400's president. ILLUSTRATION: Graphic
CHRONOLOGY
Spring 1990
Union begins organizing employees at Be-Lo grocery stores, owned
by Camellia Food Stores Inc., and begins collecting authorization
cards from a majority of employees.
March 21, 1991
Be-Lo employees vote against union representation, 377-220. Union
complains that Be-Lo won by using dirty tricks.
Sept. 15, 1993
Administrative Law Judge Martin J. Linsky sides with union and
orders Be-Lo to bargain with the United Food and Commercial Workers
Union. Be-Lo appeals to the National Labor Relations Board.
April 13, 1995
In a separate case, employees at Camellia Food Stores' other
subsidiaries - Meatland and Food City stores on the Eastern Shore -
opt against union representation, 178-146.
July 31, 1995
Be-Lo loses its appeal. A three-judge panel of the National Labor
Relations Board orders Be-Lo to bargain and pay some of the union's
attorney expenses. The ruling was sent to attorneys Wednesday.
by CNB