Dimond Neighborhood News

by Dimond Community Gets a Lesson in Labor Law

By Diane Harrigan, guest columnist

In May, Dr. Steven Pitts of the Berkeley Center for Labor Research and Education and Art Watkins, former co-owner of the Food Mill, volunteered their time to shed light on unions in the food business in a lively panel discussion coordinated in conjunction with Councilmember Jean Quan's office and the Dimond Improvement Association.

Although not Farmer Joe's-specific, the panel convened to explain procedures related to labor negotiations and elections. On issue dealt with how a vote on whether to unionize should be conducted: the "majority of signatures" method (also known as a "card check"), or the "traditional secret-ballot election" monitored by the National Labor Relations Board (NLRB).

Why would sign-up versus election be a big deal? Employers can get deeply involved in the election process under the secret-ballot method, according to Pitts. He said critics argue it allows companies time to beat back the unions with expensive antilabor campaigns. He pointed to a Rutgers Study that found management coercion occurred 46 percent of the time in an election versus 23 percent of the time in a majority sign-up.

As for how an anti-labor campaign sometimes works, Pitts said it could involve everything from employee-hired consultants holding captive-audience meetings with workers to companies being advised whom to hire and not to hire.

Ironically, all of this comes as Congress debates a measure that, if signed into law, would give unions a big advantage. Under the Employee Free Choice Act passed by the House of Representatives, workers could choose how to vote instead of a company retaining the right to insist on an NLRB election.

Unions and grocery stores can be a "good marriage" if done right, according to Watkins, who comes from a strong rank-and-file background. He said there's more loyalty and better turnover, but has one major frustration, namely that unproductive workers sometimes get a free ride. "The union defends people who shouldn't be defended, and it's very hard to get rid of them," he said.

But Watkins found a way to work with the union and thrive. The Food Mill has a split workforce. A compromise was reached where certain new-hire and part-time workers are allowed to be nonunion. Watkins emphasized that there are always benefits and challenges when running a business. "There's no perfect world when you're working with people," he said, "whether it's union or nonunion."

Neighborhood Open Art Studios & Dimond Group Art Show

In collaboration with this year's Pro Arts Open Studios, the Dimond Business & Professional Association has organized a Dimond Group Art Show, on display during June and July at various retailers throughout the Dimond District. For more information, visit www.shopdimond.com.?