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Contract Update El Super

 
SIGN THE PLEDGE: Boycott El Super!
 
On Wednesday, December 7, El Super workers and their union, UFCW, held a protest outside El Super #58 in South Los Angeles. The protest was organized after UFCW obtained documents showing that Sal Marcianti, Vice-President of El Super, made four donations to Donald Trump’s campaign for U.S. President. 
 
El Super’s parent corporation, Grupo Comercial Chedraui, speaks of support for a cross border economy and explicitly targets Mexican American consumers.  Yet, these are the very consumers that the U.S. President-elect has denigrated as “rapists” who Trump contends are "bringing crime,” and who he threatens to deport en masse or bar by his 1,000 mile border fence. 
 
In 2010, Chedraui wrote:
 
“We have focused on perishable and Latin American products targeted to Hispanic, and in particular Mexican-American, consumers and believe the Mexican-American retail market is a niche that presents important growth opportunities, given the growing size and increasing purchasing power of this group of consumers.”
 
It is unconscionable that an El Super executive donated his money to support Donald Trump’s Presidential campaign. We distributed the attached handbill to shoppers during yesterday's protest at El Super #58.
 
SIGN THE PLEDGE: With the holiday shopping season upon us, El Super workers need their supporters to renew their commitment to BOYCOTT El Super! 
 
Please sign and share El Super worker Lydia Flores’ petition with your e-mail and social media contacts. We will deliver the signatures we collect to the company at negotiations scheduled next week.
 
Thank you for your continued support and happy holidays.
 
 

Legendary Labor and Human Rights Leader Dolores Huerta Joined El Super Workers at Large Protest in LA!

 
Los Angeles— Legendary labor and human rights leader Dolores Huerta joined rallying El Super workers and community supporters this Tuesday November 22, as shoppers prepare for the Thanksgiving holiday.
 
El Super workers were joined by their allies in the community for a large protest outside El Super #13, in South Los Angeles. Last August, Store #13 was closed by Los Angeles County for two days after health inspectors discovered dozens of "fresh and dry mice droppings" throughout the store.
 
Unionized El Super grocery workers -members of the United Food and Commercial Workers (UFCW) union- continue their three-plus year fight to win a fair union contract that ensures more guaranteed full-time hours, adequate paid sick leave, fair wages, dignity and respect on the job.

 

LA LÍDER SINDICAL DOLORES HUERTA, SE SOLIDARIZA CON TRABAJADORES DE EL SUPER-CHEDRAUI EN PROTESTA EN LOS ANGELES

 
 
Los Angeles— La legendaria líder por los derechos laborales y humanos, Dolores Huerta, se sumó hoy a trabajadores de El Super y cientos de manifestantes solidarios en una protesta que se llevó a cabo este martes, mientras los consumidores se preparan para el Día de Acción de Gracias.
 
Los empleados de El Super encabezaron junto con miembros de la comunidad que los apoya, una gran protesta afuera de la tienda El Super #13, en el Sur de Los Angeles. El pasado mes de agosto, esa tienda fue cerrada por el Condado de Los Angeles durante dos días después de
 que inspectores de salubridad descubrieron decenas de “restos de excremento de ratones, frescos y secos” en toda la tienda.
 
Trabajadores sindicalizados de tiendas de autoservicio El Super, miembros del Sindicato de Trabajadores de la Industria de Alimentos y el Comercio (UFCW), continúan su lucha de más de tres años en busca de lograr un contrato sindical justo que les garantice turnos de tiempo completo, suficientes días por enfermedad pagados, salarios justos, dignidad y respeto en el trabajo.
 
 

Legendary Labor and Human Rights Leader Dolores Huerta to join El Super Workers at Large Protest Outside Store Closed for Vermin Infestation
 
WHO: El Super grocery workers, labor and human rights leader Dolores Huerta, and community allies.

WHERE: El Super Store #13 (1301 E Gage Ave, LA 90001)

WHEN: Tuesday, November 22nd at 11 a.m.

Legendary labor and human rights leader Dolores Huerta will join rallying El Super workers and community supporters this Tuesday, November 22, as shoppers prepare for the Thanksgiving holiday.

El Super workers will be joined by their allies in the community for a large protest outside El Super #13, in South Los Angeles. Last August, Store #13 was closed by Los Angeles County for two days after health inspectors discovered dozens of "fresh and dry mice droppings" throughout the store. 

Unionized El Super grocery workers -members of the United Food and Commercial Workers (UFCW) union- will continue their three-plus year fight to win a fair union contract that ensures more guaranteed full-time hours, adequate paid sick leave, fair wages, dignity and respect on the job. 

“The dedication and resolve of our El Super union members is an inspiration to the broader fight for immigrant workers’ rights,” said UFCW Local 770 President Ricardo F. Icaza. “Our El Super members need more guaranteed full-time hours so they can work to put a stop to public health crises like what we saw at Store 13 last August.”

Tuesday’s protest follows significant victories in this hard-fought campaign during the third quarter of 2016. First, after several months of actions outside Cinepolis USA theaters, Cinepolis CEO, Alejandro Ramirez Magaña - a Board member at El Super’s parent company Group Commercial Chedraui - resigned his position on Chedraui’s Board. Second, the enduring impact of the ongoing El Super boycott resulted in yet another quarter of negative sales at El Super markets. Analysts had predicted a 2 percent increase in same stores sales, however the company reported a 0.4 percent sales decline last quarter.

Fermin Rodriguez, a cashier at Store #13 said: “My coworkers and I are committed to fight for as long as it takes to win this company’s respect. We are united with this community because workers need good, union jobs, and our South LA customers deserve clean stores.”

For more updates go to https://www.facebook.com/justiceforelsuperworkers

 

 
U.S. Government Orders El Super to Provide 549 Workers With Back Pay as Labor Dispute Continues
 
— El Super grocery store chain must pay 549 current and former employees a total of $363,000 in back pay—
 
The National Labor Relations Board (NLRB) has ordered the El Super grocery store chain to pay 549 current and former employees a total of $363,000 in back pay. The NLRB began mailing letters notifying affected employees of the forthcoming payouts late last week. The payouts are part of an agreement the company signed to settle unfair labor practice charges that El Super workers’ - members of the United Food and Commercial Workers (UFCW) union - vacation rights were violated by the Company.
 
“El Super UFCW members are about to see the benefit of working together with their union,” said UFCW Local 770 President Ricardo F. Icaza.
 
There are 319 current El Super employees due to receive back pay totaling $255,694.38, and 230 former employees are to receive $108,052.49.
 
In July 2015, the U.S. District Court for the Central District of California granted the NLRB’s petition for a preliminary injunction that prohibited Bodega Latina Corp., El Super’s parent company, from making unilateral changes to its vacation policy.
 
One month later, Bodega Latina agreed to settle unfair labor practice charges filed by UFCW who claimed that the company’s unilateral changes to the vacation policy violated their federally protected labor rights. Under the terms of the settlement agreement with the U.S. Government, El Super agreed to restore the company’s vacation policy, and eliminate unilateral changes that required employees to work at El Super a year before they were eligible for annual leave benefits.
 
Fermin Rodriguez, an El Super cashier and member of the UFCW Local 770 negotiating committee, said: “This is a significant victory, but we are still fighting to win fair wages, a 40-hours guarantee for full-time workers, stronger seniority protections, adequate paid sick days, dignity and respect!” Mr. Rodriguez was reinstated to his position at El Super #13 in South Los Angeles as a part of El Super’s agreement to settle charges that his termination, in January 2015, violated his right to speak out in support of his union.
 
 

EL Super Workers March for Dignity, Respect and a Voice on the Job 
 
El Super workers represented by the UFCW continue to stand strong and fight for respect, dignity, and a voice on the job. Worker leaders such as Lydia Flores is fighting to make a poor quality job one that can support her family. Will you stand with Lydia and her fellow El Super workers to demand their fair share? 
 
Join hundreds of other community leaders, union members immigrant workers on April 4th to March for Respect, Dignity, and a Voice on the Job.

WHEN: Monday April 4TH @ 10:30AM - 12:30PM
 
WHERE: Mary M. Bethune Park (near El Super #13)
1244 E 61st St. Los Angeles, CA 90001 (map)
 
Chedraui, one of Mexico’s largest retailers, owns 83.36 percent of the Paramount, Calif., based Bodega Latina Corp, which operates 54 El Super stores in the United States. Chedraui had $3.8 billion in net sales in 2014.
 
 


Dolores Huerta Joins Grocery Workers’ Unfair Labor Practices Strike at El Super
 
  • Workers at the Latino grocery chain strike in response to current violations of their rights under U.S. labor law.
  • Grocery employees are joined by human rights legend Dolores Huerta at an El Super Store in Los Angeles.
  • Today’s action comes one day after 19 members of Congress called on the Obama administration to uphold international labor standards at El Super.
 
Los Angeles, December 16—With signs held high and chants ringing across store parking lots, El Super workers at seven locations in Southern California went on strike over recent unfair labor practices (ULPs). The strikers, members of the United Food and Commercial Workers (UFCW), are protesting violations of their rights and U.S. labor law requiring the company to bargain in good faith. They were joined by labor and human rights legend Dolores Huerta at a rally in front of the grocer’s location on E. Gage Ave. in Los Angeles.
 
“The fight El Super workers are engaged in is the same fight that the farm workers have historically fought for: the right to belong to a union, the right to bargain in good faith, and the right to industry labor standards, which means wages that can sustain their families. I stand with El Super workers and their campaign to win respect in the workplace and dignity for their families,” said Huerta, longtime champion for labor rights and co-founder of the United Farm Workers union.
 
Today’s strike, was launched to protest recent ULPs at the chain.  El Super’s conduct is the subject of charges filed with the National Labor Relations Board within the past week, including surface bargaining, repudiation of terms El Super unilaterally implemented nearly a year and half ago as part of it’s “last, best, and final” contract offer, and unreasonable delay in providing information crucial to effective negotiations.
 
El Super union members have been working without a contract since September 2013. In the face of court action and an NLRB trial, the company returned to union negotiations in August of this year, after over a year and half absence. They came back, however, to engage in bad faith bargaining in violation of federal law.
 
Flora Castaneda, an El Super cashier on strike to get the company to meet its legal obligations, said, “Reaching a union contract with the company is much more than a legal document to me, my family and my coworkers.  It is my hope that if the company bargains in good faith we can sign an agreement that would ultimately allow me a holiday season where I’m able to make dinner for my family and buy some little presents for my kids. I think if the Company bargains in good faith we can reach an agreement that will enable us to able to go to the doctor when we are sick, save for our children to go to college, and have enough money at the end of the month to afford food and rent.  It means we will have protection from the company’s retaliation against union supporters.”
 
“El Super’s disregard of workers’ rights and of labor law is shameful,” said UFCW Local 770 President Ricardo Icaza. “We will continue to stand together against this company’s lawless stonewalling of the bargaining process, and be with the workers until El Super comes to the table to negotiate in good faith for a contract where workers have the wages, benefits, guaranteed hours and respect that they have earned.”
 
In addition to the recent charges filed with the NLRB that prompted this strike, the NLRB recently issued a complaint against the company for additional unfair labor practices. 
 
The UFCW and allies have also filed simultaneous complaints under the NAFTA labor agreement and Organization for Economic Cooperation and Development (OECD) guidelines to stop El Super and its parent company Grupo Chedraui’s attack on workers’ rights in the United States and Mexico. Yesterday, 19 members of Congress representing districts with El Super store locations called on the Obama administration to expedite investigations into the complaints’ allegations.

 


Sign El Super Workers' Petition Today and Share

When El Super tried to break our union one year ago today, we wouldn’t let them.
 
In 2014, El Super managers encouraged us to decertify our union. But we were united, and on December 12, 2014, we voted by an overwhelming majority to keep our Union, the United Food and Commercial Workers and fight for respect, family-sustaining wages and a dignified workplace.
 
“A union contract is much more than a legal document to me, my family and my coworkers,” said Flora Castaneda-an El Super cashier who has worked for the company for twelve years. “It means that this holiday season I’m able to make dinner for my family and buy some little presents for my kids.”
 
Castaneda adds that a fair contract would also mean “we are able to go to the doctor when we are sick, save for our children to go to college, have enough money at the end of the month to afford food and rent, and have more protection from the company’s retaliation against union supporters.”
On the one-year anniversary of our recertification of the UFCW as our voice at work, we are still without a contract from El Super. We are asking you to join our demand for this company to end its shameful attacks on workers’ rights and to negotiate in good faith.
 
The U.S. government has issued complaints, finding merit to numerous charges against the company for violating our federally protected rights. It even sought and obtained from the Federal Court a rare injunction, ordering El Super to rehire an unfairly fired union activist. In the face of these actions the Company committed to the NLRB and the Court that it would return to negotiations-after refusing to do so for more than a year.
 
Last December, we launched a boycott that has turned away over 160,000 customers to send a message that the community stands with us. We will continue to keep that pressure on and we thank you for your support.
 
Despite the unity shown by the workers and the community, the company continues to refuse to bargain in good faith and to fulfill its obligations to its employees. All we want is what is right – an agreement with fair working conditions. That’s why we need your support now.  Sign the Petition!
 
El Super’s low-road behavior hurts us all. It drives down standards in our industry and in our communities. 
 
Please tell El Super to stop stonewalling and negotiate a fair contract.


November 25, 2015

UFCW Members at El Super Grocery Stores Strike In Protest Against the Company’s Unfair Labor Practices

—The Company’s Continued Unlawful Behavior Motivates UFCW Members at Seven Stores To Exercise Their Right To Strike in Protest—

Download the Flyer

South LA —On the day before Thanksgiving, El Super workers at seven unionized locations in Southern California struck the company over Unfair Labor Practices. Picket lines were established at 4 am asking consumers to do their Thanksgiving shopping elsewhere.

El Super union members have been working without a fair, new contract since September 2013. 

In the face of Court Action and an NLRB trial, the Company returned to the table in August of this year, after over a year and half absence. They returned, however, to engage in bad faith bargaining in violation of Federal law.

El Super has refused to respond to repeated requests for information critical to “good faith” negotiations.  The company’s unfair labor practices include its failures to process grievances, to give information necessary to enforce standards such as sick leave, to provide the union with information necessary to good faith bargaining over key issues, including healthcare.

In response to its unlawful behavior, UFCW members who work for El Super have elected to exercise their right to go on an Unfair Labor Practice strike to protest this company’s deplorable behavior. 

El Super’s Mexico-based parent company - Grupo Comercial Chedraui - made over $100 million in profits last year,” said UFCW Local 770 President Ricardo Icaza. “UFCW members contributed greatly to the company’s success and we authorized this Unfair Labor Practices strike because it’s high time that El Super stopped its unlawful stalling tactics and sat down in good faith and negotiated a contract that rewards our members for their hard work.”

Wednesday’s strike occurred one week after a dozen people were arrested during a nonviolent civil disobedience in front of El Super’s East LA store. The day after the arrests, El Super resumed negotiations with UFCW for two days, but the Company continued to unlawfully deprive the Union of information key to bargaining progress and our union members’ core concerns. 

Fermin Rodriguez, a cashier at Store #13 who won back his job with back pay after the National Labor Relations Board agreed that his termination violated Federal Law, said: “For more than two years, my coworkers and I have been fighting to win a 40-hour guarantee for full-time workers, adequate paid sick leave, seniority protections, fair wages, affordable health benefits, the right to organize without retaliation, and respect. We wanted to achieve a fair contract at the bargaining table, without a strike, but this company persists in unlawful conduct denying us of our rights under Federal law.   El Super only responds to direct pressure. El Super workers will not tolerate any more of the company’s illegal behavior.”

Support a picket line TODAY!

Local 770 locations;

El Super #129710 Woodman AveARLETACA91334
El Super #131301 E Gage AveLOS ANGELESCA90001
El Super #153321 W Century BlvdINGLEWOODCA90303
El Super #171100 W Slauson AveLOS ANGELESCA90044
 
Other Locals;
 
#14960 W Arrow HwyCOVINA91722
#11650 N Euclid StANAHEIM92801
#1610531 Carmenita RdSANTA FE SPRINGS90670
 

Wednesday 11/18 at 5 pm - Stand Up for El Super Grocery Workers!

 
Please join us  Wednesday (11/18) for a nonviolent civil disobedience and candle light vigil in support of El Super grocery workers.
 

 
El Super is part of a multibillion dollar retail giant based in Mexico - Grupo Commercial Chedraui. They made over $100 million in profits in 2014. Chedraui’s largely immigrant workforce in the U.S. toils in jobs that undermine basic industry labor standards. It is unconscionable and it has gone on for too long. 
 
El Super workers and their supporters will mobilize to the company’s East Los Angeles store on November 18. 
 
WHAT:Nonviolent Civil Disobedience and Vigil
 
WHEN: Wednesday, Nov 18 @ 5PM
 
WHERE:  El Super #4 - 3405 E Cesar E Chavez Ave. LA 90033 (map)
 
 
For more info: contact Jean Tong at 213-590-7177 | jean.tong@ufcw770.org
 

November 3rd Update
How is the Boycott of El Super Going?
 
Since the start of the U.S. consumer boycott at the end of 2014 over 1.5 million potential El Super customers have been personally engaged at stores by picketers sharing information regarding the labor and public health concerns at El Super, and approximately 11% (over 164,000) of those potential customers chose not to shop there. During this period same store sales at El Super have fallen from over 5% in the 4th quarter of 2014 to negative 0.5% in the most recent quarter.
Support the boycott, save the date November 18, 2015 
 
 

El Super Closes Store in Response to Planned Nonviolent Civil Disobedience Protest
 
Thank you for your amazing support for El Super grocery workers. And we urge you to please SAVE THE DATE: Wednesday, November 18 - the date of our next demonstration to ensure El Super workers win respect and fair contract.
 
On Wednesday, October 28, over 500 labor, community and faith leaders joined El Super workers a the company's flagship Paramount, CA store. El Super closed the store in response to a planned nonviolent civil disobedience by the store's entrance.
 
El Super store and the company’s headquarters remained closed for hours in response to the protest. The demonstration began with a march of more than 500 to El Super's corporate headquarters. Fifteen protesters then began a prayer circle in the intersection of Lakewood and Paramount Place, until County sheriffs ordered them to disperse.
 
We could not have achieved this victory without your continued solidarity and support.
 
 
 

The City of San Fernando Endorses El Super Boycott and Calls Upon the Company to Negotiate a Fair Union Contract
 
City of San Fernando-The City of San Fernando Mayor and City Council passed a resolution formally endorsing the consumer boycott of El Super grocery stores. El Super #47 is located in the City, at 315 San Fernando Mission Blvd. The resolution states that the City Council of “the City of San Fernando endorses the call for a consumer boycott of El Super Markets.”
 
The resolution was passed unanimously (5-0) as a measure of support of El Super workers. It calls upon the company to negotiate a fair union contract - one that ensures good jobs that pay living wages, provide workers with adequate paid sick leave, seniority protections, and enough guaranteed hours so full‐time workers can earn enough to make ends meet.
 
The official document states: “the City of San Fernando recommends supporting the boycott by prohibiting the City from accepting donations from El Super markets until the boycott is resolved.”
 
The resolution also assures that the city “supports the creation of good jobs in our communities that provides living wages, adequate paid sick leave, seniority protections and enough guaranteed hours so full time workers can earn enough to support their families.”
 
The City of San Fernando also “calls upon El Super Markets to uphold and maintain the highest standards with respect to the cleanliness and maintenance of their facilities in the interest of this community’s public health.”
 
This City of San Fernando is the sixth southern California city to pass a Resolution in support of the El Super boycott. It joins Cudahy, Huntington Park, Lynwood, Maywood, and the City of Santa Ana, in so doing.
About the Boycott
El Super employs low‐wage and predominantly Latino workers. The workers at the union stores were covered under a contract with El Super that expired on September 27, 2013. For over a year, the unions and the worker bargaining team sought to bargain to improve their working conditions. 
In September of 2014, El Super imposed what it called its  “last, best, and final” offer which did not address the workers concerns and provided for less paid sick leave than is currently mandated by California state law; On December 12, 2014 El Super workers voted resoundingly to recertify the Union and demanded the Company return to the bargaining table, a request which El Super rejected.  After the NLRB issued complaint and sought a 10 j injunction in Federal Court regarding the Company’s unlawful refusal to bargain, the Company agreed to return to the table. The Company agreed to bargain for the first time in over a year on August 18, and September 18, 2015.  

Senate Leader Kevin de León joins workers to shine a light on wage theft
 
Forum and action at “El Super” market highlight urgency to fix enforcement failures with SB 588, the Fair Day’s Pay Act
 
Los Angeles  – State Senate President Pro Tempore Kevin de León (D-Los Angeles) joined workers who have experienced wage theft at a “Fair Day’s Pay” town hall on Friday, August 21.  Airline services, janitorial and restaurant workers were among those who shared their stories to expose how weaknesses in our laws and enforcement of those laws enable corporations use to cheat workers.  The event also served as a forum to discuss policy solutions needed to improve enforcement of laws against wage theft and help workers collect pay they’ve earned.
 
“Today’s event demonstrated how exploitation of workers is pervasive in the low-wage economy. Our policymakers must respond at every level to strengthen enforcement and deter future crimes against workers,” said Alexandra Suh, Executive Director of the Koreatown Immigrant Workers Alliance (KIWA).  “Los Angeles City and County leaders are moving forward with critical enforcement solutions, and SB 588 is a necessary next step at the state level to target bad actors and help workers recover money they’ve earned.”  
 
“Our laws are only good as our ability to enforce them. But some employers continue to steal from workers without fear of consequences,” said Sen. De Leon, who has authored SB 588, the Fair Day’s Pay Act. “I want to give our Labor Commissioner the tools necessary to enforce the law. And I want to give law-breaking employers something to fear.”
 
The University of California at Los Angeles Labor Center has dubbed Los Angeles “the wage theft capital of the country” after a 2010 study found that more than $1 billion in wages are stolen from low-wage workers in the area each year.  Even when workers win a wage theft claim in court, five out of six never see a cent of what they are owed.
 
Common forms of wage theft include paying less than the minimum wage, paying workers for fewer hours than were worked, misclassifying workers as independent contractors, or failing to pay overtime as required by law.   In addition to the financial toll wage theft takes on families, a study conducted by Human Impact Partners found wage theft harms the health and well-being of workers in low-wage jobs and their families with adverse consequences including poor living conditions, food insecurity, stress, anxiety and depression. 
 
The problem of wage theft is vast and the solution requires nothing less than the full and effective joint enforcement of California’s labor laws, on the city, county and state level. This year, when the city of Los Angeles moved to raise its minimum wage, it also made great strides in enforcing this new wage by establishing a local office to receive, investigate, and decide complaints of violations, and issue citations to violators.  The County of Los Angeles recently voted to introduce ordinances to raise its minimum wage and create a county-wide enforcement agency.
 
At the State level, Sen. De León has proposed SB 588, the Fair Day’s Pay Act, to beef up wage theft enforcement in California. The bill, which is expected to pass the Assembly and land on Governor Jerry Brown’s desk in the coming weeks, would target bad actors and strengthen the State Labor Commissioner’s ability to collect wages owed to workers.
 
“Loopholes in enforcement of current laws let deadbeat employers get away with stealing from workers, and that has to stop,” said David Huerta, President of SEIU - United Service Workers West. “Having made change at the local level to prevent wage theft, workers and community partners are setting our sights on passing SB 588.  This bill targets bad actors and gives workers a fighting change of collecting wages they’ve rightfully earned.”
 
Following the forum, participants demonstrated the growing energy behind a movement to combat wage theft as they marched to the nearby El Super store in Highland Park.  The El Super chain was recently slapped with six-figure fines and penalties by the State Labor Commissioner after an investigation uncovered widespread wage theft.
 
“Workers are fed up with the corporations like El Super who’ve not only stolen our pay but stolen our dignity.  That’s why we’re standing up to demand change,” said Amy Martinez who worked for an El Super store for two years and is part of a wage theft claim before the California Labor Commission.
 
Today’s event was sponsored by the Service Employees International Union (SEIU) California and the California Fair Paycheck Coalition of low-wage workers, community organizations, worker centers, and labor organizations.

El Super Signs Agreement to Settle Charges it Violated Workers’ Federally Protected Rights

 
  • On Friday, August 7, 2015, El Super supermarkets entered into a settlement agreement with the National Labor Relations Board to resolve a multi- part complaint of violations workers’ rights.
  • On Sunday, August 9, 2015, at 2 pm PST, Fermín Rodriguez returned to his position at El Super #13. El Super fired Mr. Rodriguez in January 2015 for exercising his federally protected right to support his union.  Mr. Rodriguez also won a back-pay settlement from El Super.=  
  • El Super agrees to remedy its unilateral changes to its vacation policy and open its books to the Federal Government to ensure that its affected workers are made whole.
 
Los Angeles—El Super’s workers and their Union, the United Food and Commercial Workers (UFCW), achieved another milestone in their nearly two year struggle for respect and a fair union contract from their Paramount, CA-based employer. On Friday, August 7, 2015, after a protracted legal process, El Super entered into a settlement agreement with the National Labor Relations Board where it has committed to the following:
 
 
1) Posting of Notice to Employees – El Super will post notices in the break rooms at its seven UFCW-represented store locations, the Notice provides:
 
 FEDERAL LAW GIVES YOU THE RIGHT TO:
  • Form, join, or assist a union;
  • Choose a representative to bargain with us on your behalf;
  • Act together with other employees for your benefit and protection;
    WE WILL NOT do anything to prevent you from exercising the above rights.
    WE WILL NOT refuse to bargain collectively with UFCW Locals 324, 770, 1167, and 1428
 
2) Reading of Notice - El Super will conduct mandatory meetings at each of the UFCW-represented stores, during paid working time, scheduled to ensure the widest possible attendance, at which a Board agent will read the Notice in English and in Spanish in the presence of the Store Director.
 
3) Reinstate Fermín Rodriguez with Back Pay – Over seven months after unlawfully terminating Fermín Rodriguez, on Sunday, August 9, at 2 pm, Mr. Rodriguez returned to his position as a cashier at El Super #13 in South LA. El Super agreed to make payment of back pay restitution to Mr. Rodriguez within fourteen (14) days of the settlement agreement.
 
4) Restore Unlawful Changes to Vacation Policy – El Super agreed to make its books and records, including, but not limited to weekly payroll records for employees, available to the NLRB’s Regional Director to determine the current vacation balances of employees and any vacation pay owed to employees who suffered losses as a result of the company’s change in its vacation policy.
 
The Board had also sought to order El Super to return to union contract negotiations with the UFCW, but that issue was rendered moot when the company voluntarily agreed to return to the bargaining table on August 18.  The Commitment to bargain in good faith is included in the settlement agreement as well.
 
“This is a watershed achievement for our El Super union members and shows that no one is above the rule of law,” said Ricardo F. Icaza, President of UFCW Local 770. “We hope that El Super returns to the negotiating table with a different attitude on August 18, and we look forward to achieving a swift resolution to these contract negotiations that have dragged on for nearly two years.”
 
“I am going back to work because I have a union behind me,” said Fermin Rodriguez. “I am incredibly proud to return to my job of more than nine years, holding my head high, and continuing the work of organizing my coworkers to fight for our fair share of El Super’s success.”
 
El Super Campaign Background
 
After more than a year of operating without a union contract, El Super employees and the United Food and Commercial Workers (UFCW) launched a boycott in December 2014 to protest poverty pay, widespread violations of workers’ rights-including the termination of El Super cashier and union leader, Fermín Rodriguez and the company’s refusal to meet its legal obligation to bargain with the Unions.
 
The union’s boycott lines have turned away over 100,000 prospective El Super shoppers and the company’s hardline labor relations stance threatens to undermine its reputation within the very communities it is designed to serve. The Unions have determined the Boycott will continue in protest of additional unfair labor charges pending before the NLRB and to let the Company know that the workers and the community demand El Super bargain in good faith for fair contract.
 
Since December, support for the boycott has grown tremendously, gaining endorsements from numerous elected officials and community groups. More than 110 community organizations, eighteen Los Angeles neighborhood councils, and the 2.1 million working families of the California Labor Federation have endorsed the do-not-shop campaign. A Courage Campaign petition in support of Fermín Rodriguez garnered over 25,000 signatures in one day.
 
In addition to unfair labor practices, many community and elected leaders have raised concerns about the staggering number of health code violations at southern California El Super stores—over 750 documented violations since February 2014.

Chief United States District Court Judge George H. King Grants National Labor Relations Board’s Request for Rare “10j” Injunction to “Immediately Remedy” El Super’s Abuse of Workers’ Federally-Protected Rights

 
On Thursday July 30, 2015, Chief United States District Court Judge George H. King, issued a “10j” injunction against El Super supermarkets to immediately remedy their unlawful treatment of California workers to ensure their rights under Federal labor law are protected.
 
  • The 10j injunctive relief orders El Super to:
1) Immediately reinstate Fermín Rodriguez, who had been unlawfully terminated for his union activity
2) Restore the company’s vacation time accrual policy which the company had unlawfully changed and which resulted in workers being denied their earned vacation.
 
  • The Board had also sought to order El Super to return to union contract negotiations with the UFCW contending the Company had unlawfully refused to bargain. On the date of the Court hearing the Company admitted to Judge King that it did have the obligation to return to the bargaining table and would do so. The Judge ruled that since the Company was agreeing to return to the bargaining table, the issue before him was rendered moot. The Company and the Union will resume bargaining on August 18.
 
  • The NLRB’s decision to go to court against El Super is significant. In 2014, 144 requests for “10j” injunctive relief were made by the NLRB’s Regions across the country and only 39 cases were authorized by the Board for Court action. In this case the Board not only sought but succeeded in obtaining this extraordinary relief.
 
Los Angeles—El Super’s workers and their Union, the United Food and Commercial Workers (UFCW) won a significant legal victory in their nearly two year struggle for respect and a fair union contract from their Paramount, CA based employer.
 
“The United States District Court’s ruling against El Super’s illegal suppression of its unionized workers rights is a tremendous victory,” said Rick Icaza, President of UFCW Local 770. “We hope that El Super will finally, after two years of stalling and flouting labor laws, get serious about negotiating a fair contract that addresses our members longstanding concerns.”
 
The 10(j) Injunction requires El Super to immediately reinstate Fermín Rodriguez, who was illegally fired for speaking out on behalf of his union. “I want to thank the Board for their decision to hold El Super accountable for violating my rights,” Mr. Rodriguez said. “I am incredibly excited to be returning to my job where I can continue to fight for dignity and respect for all El Super workers.”
 
Section 10(j) ​Background​
 
​Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek temporary injunctions against employers and unions in federal district courts to stop unfair labor practices while the case is being litigated before administrative law judges and the Board.
 
El Super Campaign Background
 
After more than a year of operating without a union contract, El Super employees and the United Food and Commercial Workers (UFCW) launched a boycott in December 2014 to protest poverty pay, widespread violations of workers’ rights-including the termination of El Super cashier and union leader, Fermín Rodriguez and the company’s refusal to meet its legal obligation to bargain with the Unions.
 
The union’s boycott lines have turned away over 100,000 prospective El Super shoppers and the company’s hardline labor relations stance threatens to undermine its reputation within the very communities it is designed to serve.
 
Since December, support for the boycott has grown tremendously, gaining endorsements from numerous elected officials and community groups. More than 110 community organizations, eighteen Los Angeles neighborhood councils, and the 2.1 million working families of the California Labor Federation have endorsed the do-not-shop campaign. A Courage Campaign petition in support of Fermín Rodriguez garnered over 25,000 signatures in one day.
 
In addition to unfair labor practices, many community and elected leaders have raised concerns about the staggering number of health code violations at southern California El Super stores—over 720 documented violations since February 2014.
 

El Super Workers Escalate Protests Urging Company to Return to Bargaining Table After Labor Commissioner Cites Company For Wage Theft Violations

 
The grocery chain was recently ordered to pay over $180,000 for wage theft violations by the California Labor Commissioner.
 
PARAMOUNT, CA—Workers of the El Super chain of grocery stores descended on their corporate headquarters in Paramount today, demanding that the company return to the bargaining table and put an end to its unfair labor practices. Protesters rallied just one week after Bodega Latina Corporation, El Super’s parent company, was cited for multiple wage theft violations. The Division of Labor Enforcement Standards has issued citations levying a total of $180,668 in penalties for a variety of illegal, off-the-clock work.
 
Early in the morning, El Super workers and their allies rallied in front of a store in the San Fernando Valley community of Arleta, delivering a letter addressed to El Super President and CEO, Carlos A. Smith. The demand was clear – that the company resume contract negotiations with UFCW and address workers' concerns.
 
After that, the workers went to the El Super market in Panorama City, followed by stores in North Hollywood, East Los Angeles, and 11 other locations. The protesters, who were transported in five buses, converged around 4:00 pm at El Super store in Paramount, in southeast Los Angeles County. These actions were replicated in 40 out of 49 stores throughout California, Nevada and Arizona.
 
 “These stores are all understaffed, and supervisors would assign us more work than we could cover during our regular shifts. El Super didn’t give me enough hours, and I would feel pressure to work off-the-clock to finish all I was told to do,” said Antonio Jimenez, who worked for nearly two years as a baker at the El Super store in Highland Park. 
 
The protesters were joined by faith-based and elected leaders from across the state of California, along with the United Food and Commercial Workers (UFCW) Local 770, which represents a portion of El Super’s workforce. “Workers shouldn’t have to fight to receive what they have rightfully earned, and these citations should ensure that El Super finally honors this basic legal, moral obligation to its own employees,” said Rick Icaza, President of UFCW Local 770. “It’s time for El Super to do the right thing, and end its irresponsible, unlawful behavior.”

UFCW local unions represent 600 El Super employees, who have been without a union contract since September 2013. In addition, the U.S. Government has filed suit against El Super in federal court in both California and Arizona to seek injunctive relief against it for violating federal labor law.

 

1,000 El Super Workers and Supporters March to Demand Company Rehire Illegally Fired Union Member, Return to Bargaining Table

 

•      The march and rally is the biggest mobilization against a grocery chain since the community marched on Walmart’s Chinatown store in 2012.

•      Workers and community supporters delivered a 25k signature petition to El Super demanding that the large Latino market reinstate a fired worker and respect labor laws.

•      Today’s action protests El Super’s refusal to come to the bargaining table to negotiate family-sustaining pay, adequate sick days and their fair share of the company’s success – an effort that began in September 2013.

LOS ANGELES, June 17, 2015—In one of the largest retail worker protests in the past several years, approximately 1,000 El Super workers and community allies marched through Highland Park to the grocery chain’s York Blvd location to rally against the company’s disregard for U.S labor law and failure to respect its workers and their demands for better working conditions.

Protesters, chanting and holding placards reading: “Reinstate Fermin Now!”, delivered boxes filled with the signatures of nearly 25,000 supporters who signed a petition demanding the reinstatement of worker Fermín Rodriguez, a union activist who was unlawfully fired from the chain six months ago.


“The company fired me as a way to intimidate my coworkers into silence,” said Rodriguez, who worked as a cashier for nine years at the El Super #13, in South LA. “We are here today to tell the company we will not be silenced any longer, and we deserve a wage that allows us to buy food for our families; the right to stay home when we are sick; and guaranteed full-time hours for those willing to work.”

In addition to Fermín Rodriguez’s reinstatement, the protesters demanded that El Super return to the bargaining table to negotiate a fair contract. Roughly 600 El Super employees represented by the United Food and Commercial Workers (UFCW) at seven of the company’s locations have been without a union contract since September 2013. The company has turned its back on employees seeking better conditions, refusing to even come to the table.

“It’s time for El Super to wake up and take our union sisters and brothers’ issues seriously,” said California Labor Federation President Art Pulaski. “What are their issues? Living wages, adequate paid sick leave so these food handlers do not handle the community’s food while they are sick. Enough guaranteed full-time hours of work so workers’ paychecks translate into a decent standard of living, and above all, the respect that only comes from a fair union contract.”

In April, the U.S. government issued a complaint against El Super’s “interfering with, restraining, and coercing” employees standing up for their rights—including Fermín Rodriguez’s termination—and its refusal to bargain with UFCW local unions. The complaint alleges that all levels of management—including the company’s CEO Carlos Smith—participated in the company’s illegal tactics. 

Understanding the importance of immediate action to address these concerns the NLRB filed papers in federal court this month seeking a rare injunction order requiring El Super to immediately reinstate Rodriguez with back pay, to return to contract negotiations with the union and to restore unlawfully changed benefits, even before a trial can be concluded.

“Workers, the community and now the federal government are calling on the company to follow its legal and moral obligation to stop intimidating employees and return to union contract negotiations,” said Rick Icaza, UFCW Local 770 President. “These hardworking men and women simply want to be able to provide basics—food, housing, medicine and education—for themselves and their families, but El Super refuses to acknowledge workers’ contribution to its success.”

The UFCW launched a boycott of El Super in December 2014 in response to its treatment of workers and its flagrant unfair labor practices. In addition to the community’s widespread support for today’s action over a hundred community organizations and sister unions have endorsed the Boycott of El Super.  Many Community groups have focused not only on the treatment of the workers but on the Company’s disrespect for the consumers.  El Super’s stores have racked up over 720 documented health code violations in LA and neighboring counties, since February 2014.  Informational boycott picket lines have turned away more than 100,000 shoppers.

“El Super has shown disregard for workers and for the community,” said Isela Gracian, President of East LA Community Corp. “The company needs to change to win back our trust and our business.”

Paramount-based El Super operates 50 stores in California, Nevada and Arizona. It is owned by Grupo Comercial Chedraui, Mexico’s third largest retailer.


Inglewood Grocery Workers and Supporters Rally against El Super’s Illegal Labor Practices

  • Today’s rally comes as the National Labor Relations Board has filed for injunctive relief in Federal Court and set a trial date to hold El Super accountable for violating the rights of workers.
  • The protest is part of a three-state week of demonstrations calling on the company to reinstate unjustly fired union activist Fermin Rodriguez and return to union contract negotiations.
 
Los Angeles, Calif., June 10—Nearly 100 El Super workers and supporters in Inglewood rallied today against ongoing worker rights violations at the large, Latino grocery chain. The rally is part of a three-state “week of protest” coinciding with the US government’s prosecution of El Super for “interfering with, restraining, and coercing” employees for standing up for their rights.
 
“I was unjustly fired by El Super, and because my union and my coworkers supported me, I won the right to return to my job,” said Rafael Castro, who works at the company’s Inglewood store. “I know firsthand that when workers stand together with our community, we win can the respect and wages we deserve, and that’s why we’re rallying today.  Without a fair contract in place we have no protections from arbitrary conduct by the employer.”
 
Mr. Castro, who for ten years worked as a front–end manager at the Inglewood store, was unjustly fired in 2013 over a $5.00 misunderstanding. His union, the United Food and Commercial Workers (UFCW), appealed his termination through the grievance and arbitration provisions of the contract then in effect, and the arbitrator awarded him back pay for lost work time, and ordered him reinstated his position with his seniority and benefits. He won the ability to return to work on May 28, 2015.
 
Mr. Castro is one of approximately 600 El Super workers represented by the UFCW who have been without a union contract for nearly two years. Since their contract’s expiration, the company has engaged in unlawful intimidation against workers who are seeking improved wages and working conditions.
 
“Our communities will rally behind El Super workers until the company stops its campaign of coercion and listens to its employees’ concerns.” said Rigo Valdez, Vice President of UFCW Local 770.
 
In April, the National Labor Relations Board issued a complaint against El Super’s “interfering with, restraining, and coercing” employees standing up for their rights—including the suspension and termination of long-time employee and Union bargaining committee member Fermín Rodriguez, and its refusal to bargain with UFCW local unions. The complaint alleges that all levels of management—including the company’s CEO Carlos Smith—participated in the company’s illegal tactics.  This matter is set for trial. 
Understanding the importance of immediate action to address these concerns, the NLRB filed papers in Federal Court this week seeking a rare injunction order requiring El Super to immediately reinstate with back pay an unlawfully fired union activist, to return to contract negotiations with the union and to restore unlawfully changed benefits, even before a trial can be concluded.
 
As part of this week’s actions, El Super workers are also rallying at the super market chain’s Paramount location and in Phoenix, Arizona, today. Earlier in the week, activists protested El Super in San Diego, Las Vegas and Moreno Valley. Tomorrow they are also taking the protests to Covina.

Mexican Workers Protest Against Chedraui in Mexico City in Support El Super Employees in the US

 
More than 150 members of Mexican trade unions participated last week in a demonstration against Grupo Comercial Chedraui in Mexico City, to protest unfair working conditions at El Super stores in California, Arizona and Nevada. This protest was part of the International Day of Action in Solidarity with El Super employees.
 
Members of the National Workers Union (UNT), with more than 50 worker organizations, the Mexican Electrical Workers Union (SME), the Miners Union (Sindicato Nacional de Trabajadores Mineros), and the National Autonomous University of Mexico Workers Union (STUNAM), were some of the unions who are part of the Tri-national Solidarity Alliance that showed their support with the El Super workers.
 
The demonstration took place June 4, in front of a Chedraui store near Paseo de la Reforma Avenue. Rigo Valdez, organizing director from Local 770 United Food and Commercial Workers (UFCW) explained to the Mexican union members that “the boycott of El Super will continue until the company gets back to the bargaining table and comes to an agreement with the union.”
 
At the same time, thousands of allies of El Super workers in the United States and Canada signed an online petition, which was launched in English and Spanish by the Justice for El Super Workers campaign. Within the first three hours, the petition reached its goal of 10K signatures. At the time of writing this report, the online action had gathered 22,814 signatures.

Sindicatos Mexicanos Protestan contra Chedraui en Apoyo a los Trabajadores de El Súper en Estados Unidos
 
Más de 150 integrantes de sindicatos mexicanos participaron la semana pasada en una manifestación en contra del Grupo Comercial Chedraui en la Ciudad de México, en protesta por las injustas condiciones de trabajo en las tiendas El Súper en California, Arizona y Nevada. Esta protesta fue parte del Día de Acción Internacional de Solidaridad con los empleados de El Súper.
 
Miembros de la Unión Nacional de Trabajadores (UNT), con más de 50 organizaciones sindicales, el Sindicato Mexicano de Electricistas (SME), el Sindicato Nacional de Trabajadores Mineros y el Sindicato de Trabajadores de la Universidad Nacional Autónoma de México (STUNAM), fueron algunos de los sindicatos que son parte de la Alianza Trinacional de Solidaridad que manifestaron su apoyo a los trabajadores de El Súper.
 
La protesta se llevó a cabo el 4 de junio, en frente de una tienda de Chedraui cerca de la avenida Paseo de la Reforma.
 
Rigo Valdez, director organizativo del Local 770 del Sindicato de Trabajadores de la Industria de Alimentos y el Comercio (UFCW), explicó a los miembros de los sindicatos mexicanos que “el boicot a El Súper continuará hasta que la compañía regrese a la mesa de negociaciones y llegue a un acuerdo con el sindicato”.
 
De manera simultánea, miles de aliados de los trabajadores de El Súper en Estados y Canadá firmaron una petición en línea, lanzada en inglés y español por la Campaña Justicia para los Trabajadores de El Súper. En las primeras tres horas, la petición logró su meta de diez mil firmas. Al momento de escribir esta nota, la acción electrónica había reunido 22,814 firmas.
 

When I heard those two words, my heart sank. 

The offense? Standing up for what's right. Fighting for a better life for myself, my family, and my coworkers. Organizing for better salaries, adequate sick leave, and guaranteed full-time hours.

My name is Fermín Rodríguez and 5 months ago I was terminated from El Super—a California-based, Mexican-owned supermarket chain where I worked for 9 years.

 

Supporting El Super workers' fight for justice only takes a moment -- will you sign?

Pulsa aquí para Español

Our struggle for fair treatment and a fair union contract started  almost two years ago, and despite the company's constant harassment, intimidation and interrogation, we're winning.

The National Labor Relations Board has recently decided to take the unusual step of seeking an injunction and obtain immediate relief in Federal Court to force El Super to restore benefits it took away; to return to the bargaining table and engage in good faith bargaining; and to return me to my job at El Super so my coworkers will know they should not be intimidated by the company for participating in their union.  Moreover, the public has our back, as more than 90,000 consumers, over 100 community organizations and elected leaders have endorsed our boycott of El Super.

Despite those victories, we still have a long way to go.

Together, we need to show El Super and its parent company in Mexico, Grupo Chedraui, that we will not stand for unfair and unjust treatment of workers.

Today is an international day of action with workers and allies in Mexico, the United States and Canada standing together for fairness at El Super.

Stand with us. Sign our petition.


El Super Boycott

Click here to fill out the boycott endorsement form

This has been a productive year for the Union and its members, with your help and support we have successfully settled all the major food contracts this year with one exception, El Super. There are 49 El Super stores in the United States, of which seven, all in Southern California, are union. These El Super workers have been working with an expired contract since September 2013 while struggling to get the good contract they deserve. 
 
UFCW locals represent over 600 El Super workers across seven Southern California stores. The workers’ contract with El Super expired September 2013, and they have been working without a fair, new contract ever since.
 
In 2014, El Super stepped up its union busting efforts and workers were compelled to vote, in a US Government supervised election, to re-certify their union. On December 12, 2014, El Super workers voted 402 to 131 to KEEP THEIR UNION! UFCW promptly sent a letter to the company asking for them to return to the bargaining table. El Super has ignored this request.
 
El Super’s inaction, and its steadfast refusal to address the workers' priorities such as more guaranteed hours, adequate sick leave, and fair pay, led to our call for a consumer boycott of El Super markets on December 20, 2014. 
 
Two days later, four community-based organizations; the Coalition for a Better El Super - East LA Community Corp., Pueblo y Salud, Strategic Concepts in Organizing and Policy Education, and Strategic Action for a Just Economy - publicly endorsed the workers’ boycott call. The Coalition members demanded an investigation into El Super’s business practices by county health authorities, and those investigations documented over 340 violations of policies enacted to protect consumers at El Super stores.
 
Now, we are asking our labor, community, political, and faith-based allies to show their solidarity with El Super workers by endorsing their boycott. 
 
Please complete and return the attached boycott endorsement form as soon as possible and we will list your and/or your organization’s support for El Super workers on our El Super boycott page at http://ufcw770.org/content/el-super-boycott-endorsement-form.
 
For more information, please contact Jean Tong at (213) 590-7177 or go to boycottelsuper.org

 
March 25, 2015
The LA Labor movement announced their full support behind the consumer BOYCOTT of the highly profitable Latino grocery chain, El Super. This is the first major supermarket boycott called by LA Labor in over a decade.
 
This announcement comes in the midst of an escalating dispute between El Super and its employees, who are represented by the UFCW. El Super workers voted over 3-1 to RECERTIFY their union on December 12. UFCW promptly sent a letter to the company asking for them to return to the bargaining table but El Super ignored this request. Workers are asking for the basic standards that have been achieved for tens of thousands of grocery worker across LA County. That’s why workers and the union are calling for a BOYCOTT of the El Super grocery chain.
Boycott El Super and join labor and community allies in support of El Super workers!
The LA Labor movement announced their full support behind the consumer BOYCOTT of the highly profitable Latino grocery chain, El Super. This is the first major supermarket boycott called by LA Labor in over a decade.
 
This announcement comes in the midst of an escalating dispute between El Super and its employees, who are represented by the UFCW. El Super workers voted over 3-1 to RECERTIFY their union on December 12. UFCW promptly sent a letter to the company asking for them to return to the bargaining table but El Super ignored this request. Workers are asking for the basic standards that have been achieved for tens of thousands of grocery worker across LA County. That’s why workers and the union are calling for a BOYCOTT of the El Super grocery chain.
Boycott El Super and join labor and community allies in support of El Super workers!

March 23, 2015

The California Labor Federation has officially added all El Super Markets to their Do Not Patronize list. Boycott El Super until there is Justice for El Super Workers!