NLRB Issues Official Complaint Against Trade Fair Supermarkets for Unfair Labor Practices

QUEENS, N.Y. - June 24, 2013 - PRLog -- Over the last several months, members of the United Food and Commercial Workers (UFCW) Local 342 working in the meat departments of Trade Fair Supermarkets throughout Queens, New York have been battling a number of Unfair Labor Practices (ULPs), including an illegal lockout.  During this battle, besides garnering support from elected Queens officials and the community, UFCW Local 342, a labor organization that represents nearly 10,000 workers in New York and New Jersey throughout a variety of industries including retail food, wholesale food processing, distribution, manufacturing, and healthcare, filed several ULP charges against Trade Fair management with the National Labor Relations Board (NLRB) to protect the rights of these members.  After reviewing all of the evidence submitted by UFCW Local 342, the union can report that the NLRB has issued an official complaint against Trade Fair.

In issuing this complaint against Trade Fair management, the NLRB found that there was sufficient evidence to conclude the company had committed the following acts:

•   Improper surveillance of union activities
•   Improper interrogation of employees about union activities
•   Improper suspensions and terminations of employees due to participation in union activities
•   Threats of punishment for distributing union materials
•   Threats of termination for employees participating in union activities
•   Threats to close stores if employees decided to picket
•   Harassment of employees and union staff
•   Assault of Union Representatives
•   Illegally locking out employees and not restoring them to equivalent status after they were returned to their jobs

According to Kate Meckler, the Union’s Director of Communications, now that the NLRB has issued this official complaint, UFCW Local 342 is one step closer to getting Trade Fair members the justice they deserve.  “Although this legal process has been lengthy, we’re very pleased to see that the NLRB is prepared to take action against Trade Fair’s wrongful actions,” Meckler said.  She continued, “And the most important part of this process is that, as part of the complaint, the NLRB will be asking an Administrative Law Judge (ALJ) to order Trade Fair to make the employees whole.  That can include retroactive pay for all wages lost by our members due to the illegal lockout, as well as any other actions needed to remedy the ULPs committed.  Our members deserve this after standing so strong and together during the entire length of this illegal lockout.”  

As part of the legal process, Trade Fair management must now respond to the official complaint in writing by the first week in July.  Additionally, if they choose not to settle the case amicably with the union, there will be a hearing in front of an ALJ sometime in late August.

“This is a huge victory for UFCW Local 342 and our Trade Fair members, and we are proud that the members have had the determination and patience to let the legal process play out,” continued Meckler.  “We are also truly appreciative of the support we have received from the Queens community, as well as from the elected officials who stood with us, including Council Speaker Quinn, Council Member Dromm, Council Member Ferreras, Council Member Van Bramer, and State Senator Peralta,” Meckler concluded.  

In response to the NLRB’s recent announcement, local elected officials who have stood with the union workers during the illegal lockout have expressed their approval.  For District 26 Council Member Jimmy Van Bramer (Woodside, LIC), the decision was a positive step in the right direction.  “The National Labor Relation Board’s official complaint against Trade Fair’s unsatisfactory labor practices is a clear sign that we are one step closer toward achieving justice for the members of UFCW Local 342,” said Council Member Van Bramer. “I will continue to stand with UFCW workers until they are granted the working conditions they deserve.”  

Similarly, District 21 Council Member Julissa Ferreras (East Elmhurst, Corona), had strong words of support regarding the NLRB’s decision.  “The unfair labor practices conducted by Trade Fair’s management are shameful and appalling,” said Council Member Julissa Ferreras. “After facing intimidation tactics and an unfair lockout, these hard-working employees now have to deal with yet another obstacle as they continue to receive unfair pay cuts and hour reductions. Trade Fair management needs to stop this unfair behavior once and for all. I am proud to support these workers and applaud the National Labor Relations Board for stepping in to protect their rights. It is time for Trade Fair to be held accountable and brought to justice for their unacceptable and unlawful practices.”

District 25 Council Member Daniel Dromm (Jackson Heights, Elmhurst), who has stood with the union workers from the beginning of this situation, concurred with his fellow Council Members concerning the NLRB’s decision.  "Mr. Jaber and the management of Trade Fair have gotten away with far too much for far too long," said Council Member Daniel Dromm (D-Jackson Heights, Elmhurst). "I am not surprised to know that the NLRB has issued a complaint and I will continue to do everything I can to make sure these hard working men and women get the justice they deserve."  

In addition to all of the charges that have been addressed in the NLRB’s complaint, UFCW Local 342 still has more charges pending against Trade Fair, and is continuing to await the results.  In retaliation, Trade Fair has filed charges against Local 342 as well, but the union is confident that they will be found to have no merit.