Region 19-Seattle Wins Administrative Law Judge Decision Finding Kroger Grocery Stores Unlawfully Di

[cbabe]

https://www.nlrb.gov/news-outreach/region-19-seattle/region-19-seattle-wins-administrative-law-judge-decision-finding

Region 19-Seattle Wins Administrative Law Judge Decision Finding Kroger Grocery Stores Unlawfully Discriminated Against Workers Wearing ‘Black Lives Matter’ Pins and Masks

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May 05, 2023

On May 3, 2023, NLRB Administrative Law Judge Mara-Louise Anzalone found that Kroger Company Subsidiaries Fred Meyer Stores, Inc. (Fred Meyer) and Quality Food Centers, Inc. (QFC) violated the National Labor Relations Act by barring employees from wearing Black Lives Matter (BLM) pins and masks and by sending home several workers for wearing BLM insignia after refusing to remove it.

The dispute began in the summer of 2020 when employees at several Fred Meyer and QFC stores in Washington State began wearing BLM pins and face masks. Although employees had worn, without consequence, other pins and face masks with LGBTQ+ messages, pronouns, inspirational messages, and sports team insignia, Fred Meyer and QFC supervisors ordered employees to remove the BLM pins and masks and sent home workers who refused to do so.

Region 19 of the NLRB issued a complaint alleging that the employers’ conduct violated the National Labor Relations Act under both Section 8(a)(1), based on interference with protected activity, and under Section 8(a)(5) by its failure to bargain with the union representing the workers—United Food and Commercial Workers Local 21. After reviewing testimony and evidence presented in a hearing, Judge Anzalone agreed.

Judge Anzalone found that the employees’ wearing of the insignia was in support of their Black coworkers, both at their own workplace and elsewhere, “who do not check their skin color at the door when they start their shifts.” Thus, it constituted mutual aid and protection and was protected activity under Section 7 of the National Labor Relations Act.

…more…

(A very good reason why the proposed mega store merger is a very bad idea.)

[spooky3]

1. I remember when our Krogers were unionized and were good places

to work. Such a shame to see the decline.