According to charge, UFCW bosses told other employees to conduct surveillance on and impede work of charging employee who worked during strike
Boston, MA (June 21, 2019) – Another Stop & Shop employee has turned to the National Right to Work Legal Defense Foundation for free legal aid in the wake of the April strike by the United Food and Commercial Workers union (UFCW) against the supermarket chain. The unfair labor practice charge just filed with the National Labor Relations Board (NLRB) maintains that the worker was misled regarding his rights, and that union officials made illegal threats and engaged in unlawful retaliation against the worker because he exercised his right to continue working despite the union strike demands.
According to his charge, Saood Rafique began working at Stop & Shop in 2011 and joined the UFCW as a result of misinformation given him that union membership was required as a condition of employment. Rafique works in the meat department at Stop & Shop’s Jamaica Plain location.
When the strike was declared in April, he exercised his right to continue to work during the strike but abstained from formally renouncing his union membership because he still believed it was compulsory. Eventually he discovered that mandatory membership is a violation of federal labor law and then resigned from the UFCW.
Union bosses launched a campaign of illegal retaliation against Rafique when the strike was ending, his charge notes. A UFCW steward “[told] employees to not work with Charging Party in order to make his job duties in the meat department more difficult to carry out.” Later, UFCW union agents posted a notice in Rafique’s Stop & Shop store which scolded him and others who had continued to work during the strike and instructed employees to surveil Rafique and the other listed individuals and report their activities to union officials.
Additionally, UFCW bosses sent Rafique a letter which threatened illegal union disciplinary action and even his termination from Stop & Shop. The letter read in part that “workers have the right to bring you to trial in front of the Executive Board.” It claimed, contrary to federal law, that the union tribunal had the power to cause Rafique and the other workers to be “fired from Stop & Shop since it is a union shop.” The “union shop,” where full membership is required, was outlawed under the National Labor Relations Act (NLRA) in 1947.
Rafique’s charge argues that the union boss-devised campaigns against him and others who chose to work during the union work stoppage are blatant violations of worker rights under the NLRA, which protects “the right to refrain from any or all” union activities and prohibits union officials from “restrain[ing] or coerc[ing]” any employee in the exercise of that right. The charge also asserts that Rafique was never a voluntary member of the UFCW because he was never properly informed of his rights, and thus cannot legally be subject to any union discipline.
Rafique joins Matthew Coffey, a clerk at a Stop & Shop in Northampton, MA, in filing unfair labor practices against the UFCW union with the help of the Foundation. Coffey was another victim of misinformation about his legal rights and also was targeted with personal slurs by UFCW agents after he exercised his right to continue to work during the strike.
“Once again, union bosses have been caught red-handed lying to workers about their legal rights, then retaliating against workers who eventually learn the truth and exercise their right to defy union officials’ strike demands,” said National Right to Work Foundation President Mark Mix. “As these cases demonstrate, the legal rights of rank-and-file workers are frequently the first casualty when union bosses attempt to bully workers into abandoning their jobs as part of union strike actions.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.