The results of an NLRB hearing may overturn election in favor of UFCW-organized union
A recent failed union vote at a New Seasons Market location is drawing scrutiny from federal authorities.
The National Labor Relations Board, or NLRB, will evaluate whether Portland-headquartered New Seasons committed unfair labor practices during the union campaign at its Orenco Station location in 2022. The hearing is scheduled for April 18.
New Seasons Orenco Station workers first reached out to United Food and Commercial Workers, or UFCW, in early 2022 about organizing due to “concerns of changes to the company’s culture and business ethics impacting both their working conditions and the wellbeing of the neighborhoods they serve,” Miles Eshia, UFCW Local 555 media representative, said.
The organizing was spurred by a buy-out in 2019 by Good Food Holdings, a subsidiary of the Korean company, E-mart.
As a result of the buy-out, workers at Portland New Seasons locations reported corporate changes negatively impacting working conditions. Six New Seasons stores successfully unionized through the independent New Seasons Labor Union, while UFCW-organized Orenco Station and NSLU-organized Sellwood locations both voted against the separate union.
According to Eshia and NLRB documentation, the NLRB will investigate New Seasons for four instances of unfair labor practices related to coercive rules and statements. The NLRB will also evaluate the fairness of the Sept. 1 union election, which workers voted 60 to 37 against.
New Seasons maintains the election was fair.
“90% of eligible Orenco Station staff participated in the election and overwhelmingly voted against union representation,” a spokesperson said.
All full-time and regular part-time employees, including assistant department managers, leads, and culinary events specialists, were eligible for the vote. Managers, assistant store managers, store chefs, other managerial employees, guards and supervisors were excluded from voting.
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UFCW claims anti-union behavior by the company had a chilling effect on support for the union and impacted the results of the election. In a press release, UFCW said they hope the hearing will “be successful in holding New Seasons accountable for the improper and unlawful attack on workers’ rights to organize.”
The charges span from May through September 2022. The first incident the NLRB will investigate is whether New Seasons improperly limited employee use of the parking lot for union communication and other protected, concerted activities.
The next incident under investigation occurred June 8, 2022, when New Seasons CEO Nancy Lebold reportedly threatened to rescind employee benefits and rewards in the event employees unionized, which the NLRB said may have also had a chilling effect.
New Seasons also allegedly distributed campaign literature to employees threatening employee access to management would be limited if employees opted for union representation.
On June 20, 2022, New Seasons human resources manager Corey Routh reportedly announced the employee discount would increase from 20% to 30% via the worker online dashboard. This offer of benefits could have potentially interfered with union support, according to the NLRB.
The alleged anti-union behavior is not only grounds for charging New Seasons with unfair labor practices but could also result in overturning the election results, according to UFCW.
In a statement to Street Roots, New Seasons denied allegations the company broke labor laws.
“As we always have, New Seasons Market respects each staff member’s right to choose whether they want union representation,” a spokesperson said. “We go to great lengths to ensure we operate lawfully and follow regulations in all aspects of our business. As such, New Seasons Market disagrees that it engaged in any alleged unlawful conduct described in the NLRB complaint … In the upcoming hearing on these matters, we look forward to further demonstrating that New Seasons Market acted in a lawful manner and that overturning the election is not warranted.”
UFCW is prepared to fight the election results.
“While we were disappointed with the initial results of the election, we said at its conclusion that the fight was not over,” UFCW Local 555 Union President Dan Clay said in a press release. “The ballot count was affected by the unfair labor practices the company committed in the election process. New Seasons must be held accountable for threatening and lying to workers; failure to do so undermines both these workers and the principle that workers deserve rights in their workplace. The company’s behavior leading up to the election highlights the reason why their employees need a union.”
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