Article Tools
- Cart before the workforce?
Last July, Joe and Diana Tam opened a second Farmer Joe's market in Oakland. That's something all can agree upon. But everything else has seemed up in the air ever since the mom-and-pop grocery store has devolved into a labor battleground.
Former employee Nydia Williams says the Tams fired her for trying to unionize the store. Diana Tam counters that Williams was fired "with cause" and that the incidents were fully documented. The incident in question, Williams says, was an altercation with another employee, which she resolved with management.
That was in November, and Williams kept working as head cashier for the following month. It was her organizing efforts, she says, that made management uneasy. "One of the managers was going around asking employees, 'Did Nydia get you to sign the pledge card?' Less than two weeks later, I was fired," she says. The termination notice said she had violated 21 meal breaks.
United Food and Commercial Workers says fourteen other workers have also been fired for union activities. Marcus Smith was an early union supporter who was accused of fighting and later fired. He claims Joe Tam runs the store like a dictatorship: "If you're not loyal, you're a castaway."
Victor Blanco says his manager told him explicitly that he was being fired for supporting the union. He was accused of stealing from the meat counter, but says he and a co-worker simply made pricing mistakes. Both employees were reprimanded, but only Blanco was fired.
The union also claims the store has hired the "union-busting" American Consulting Group. Joe Tam at first denied the store had hired a consultant, then clarified that someone had been hired to "educate employees" about unionization and other issues, like job safety. When asked for the consultant's name, Tam said he didn't remember.
"We Will Defend Our Employees' Rights, Honor Their Decision, and Follow the Law," banners in the Dimond district store declare. But what management calls fair and legal — an election monitored by the National Labor Relations Board — the union calls potentially coercive. "If it was a clean setting, we might have been able to do an NLRB election," the UFCW's Mike Henneberry says. The union feels the Tams have used their unfettered access to intimidate and influence employees.
Instead, the union proposes that the store allow a "card check," in which union status is determined not by a vote, but by counting cards that employees fill out to indicate their desire to unionize.
The Tams won't sign on. "It's a privacy issue," Joe Tam says. A card check would require him to divulge employee information he considers confidential. Diana Tam says union officials have already gone directly to workers' homes, catching them in pajamas. (Henneberry notes that NLRB elections also would compel the grocer to release contact information.)
Joe Tam is frustrated by the union's tactics. He says organizers speak of better pay and benefits, but not union dues — "promising the world," Tam says, while he is left to sign the paychecks. He feels he treats his employees with respect, and was disconcerted when union pledge cards began circulating late last year. "I told my workers, 'Do not sign this card.'"
Diana Tam says she appreciates the importance of unions, especially in large-scale businesses. But at a family store like Farmer Joe's, she says, employees can bring grievances directly to employers. "We have a good relationship with our employees. Any issues that ever came up, we were able to solve them."
Henneberry thinks the Tams may have another agenda. "It all boils down to money," he says.
Friday evening pickets at the store, which began in January, started out tense but have since become pretty nonconfrontational. On a recent Friday, union supporters politely handed out fliers while Joe Tam stood nearby, greeting customers with his broad grin. The only hostilities came from angry customers sniping at unionites. The union has called for customer boycotts on picket days, and Henneberry claims business is noticeably slower on Fridays.
Frances Farmer stood with union supporters, calling herself a former and, she hopes, future customer. She began boycotting when her favorite checker —Williams — was fired, but is optimistic that the Tams will "do the right thing" and allow the card check.
Everyone says they want Farmer Joe's to succeed. Neighborhood residents appreciate the Tams' bold investment in the less-than-yuppie intersection of Fruitvale and MacArthur, replacing a bleak 99-cent store called Crazy John's. "They did a great thing for this neighborhood," resident Kristine Dang says. "People are eating organic food and using sustainable products." Dang and others also have an abiding respect for the Tams' bootstraps-first ascent from immigrant beginnings.
And the Tams are undeniably good grocers. Joe got his start working produce at Safeway, where he was a UFCW member, and he still has a keen eye for that perfect bunch of spinach. "It's what he loves," his wife says. "He thinks it's an art to get it right."
But some locals fear the couple's sterling reputation will be tarnished if the battle rages on too long. "Clean it up," one resident wrote on a community blog. "People will shop elsewhere."
Showing 1-5 of 5
Please look at the information that resides at all checkstands at Farmer Joe's. There are two sides to every story. It follows (2 leaflets). Also be aware that there is NO "card check" law in California. There is a tremendous amount of "spin" going on in the media right now regarding this issue. The law that governs in a situation at Farmer Joe's is the NATIONAL LABOR RELATION BOARD. The NLRB's website says it is "an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector". Isn't it time the UFCW take out the eraser on their pencils, erase "Farmer Joe's" and put in an appropriate target like "WALMART"? I've been to the Friday night parties Joe and Diana are providing for their customers/their community. They are fun-filled, happy events with a broad spectrum of folks from every walk of life - old/young/white/African-America/Asian/working class/middle class/upper middle class/handicapped/physically enabled - all wearing smiles as they patronize their neighborhood grocery store in their neighborhood. Please be aware that the UFCW is a powerful union with lots of PR people, lots of attorneys, lots of clout across the board. Local 5 of the UFCW recently added "a 'full-time political director' and a plan to advocate the union agenda on the local, state and national level." Ron Lind, president of Local 5, says they "will be working with elected leaders to protect the union market share by limiting the growth of nonunion stores." Hum, this comment may explain Oakland's District 4 Councilmember Jean Quan's standing with the UFCW at the kick-off of the UFCW activities on 1/26/07 in front of Farmer Joe's (the new store at 3426 Fruitvale Avenue). ************************************ LEAFLET #1 at the checkstands at Farmer Joe's May 7, 2007 UNION'S UNFAIR LABOR PRACTICE CHARGES RESOLVED IN FAVOR OF FARMER JOE'S Joe and I were recently notified by US mail that the NLRB has resolved all the “unfair labor practice” accusations filed by the UFCW in February and March, 2007. The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. Allegation #1 32-CA-23020 In a letter dated 4/30/07, Alan B. Reichard, Regional Director, of the NLRB notified the UFCW and Farmer Joe’s that: (1) No complaint will issue on charge No. 32-CA-23020. (2) The UFCW’s charge of unlawful conduct by management at Farmer Joe’s is dismissed. Allegation #2 32-CA-23063 (Termination of Victor Blanco) In a second letter dated 5/1/07, the NLRB informed the parties that “the charges in the above-captioned matters have been withdrawn” by the UFCW. Thank You for Your Support During this Difficult Time Live Music every Friday through May On Friday, the 13th (4/13/07) the UFCW commenced a boycott of Farmer Joe’s every Friday. Despite the boycott, Joe and I have been overwhelmed by the outpouring of community support - especially on Fridays. We thank our community for “voting with their feet” and altering their shopping patterns to support Farmer Joe’s. Many of you were in attendance at our “Customer Appreciation” Event on Good Friday, 4/6/07. With less than five days notice, more than 2,000 of you appeared at our new store located at 3426 Fruitvale Avenue. It was a three-day weekend and many of our families were out of town for the Easter school recess. What a wonderful time we had! On April 30th, Joe and I began providing live music for your shopping pleasure on Fridays. On Friday, May 4, Calvin Keys*, noted jazz guitarist, serenaded our wonderful customers in front of our new Fruitvale store. The Calvin Keys Duo will be providing music every Friday in May from 4:30 to 7:00 p.m. There will be also be age-appropriate activities and treats for children. Please come join us. We are honored to be a part of Oakland’s small business community. Thank you so much. * “Jazz is freedom of expression – no boundaries. I play what I feel; people call it whatever they like.” LEAFLET #2 at the checkstands at Farmer Joe's May 7, 2007 Dear Farmer Joe’s Customers, We are delighted to announce that all unfair labor practice charges filed by the union (UFCW) with the National Labor Relations Board (NLRB) against Farmer Joe’s have been dismissed by the NLRB or withdrawn by the UFCW. Farmer Joe’s has always adhered to all applicable national, state, and local laws and regulations. We will continue to do so in the future. On another note, we are honored to have received the Ripple Award at the Oakland Indie awards ceremony on May 4, 2007. This award is given by Oakland Unwrapped!, a non-profit economic development organization in Oakland that promotes ethical and sustainable local ventures. The Ripple Award is given to a business or artist who “supports other local businesses and artists by ‘shopping local’ for their supplies and services, creating an economic ripple effect as money circulates within the community.” The winner is determined by a community nomination and voting process. Based on the voting results, Oakland Unwrapped! informed Farmer Joe’s that “Members of the Oakland community think you’re special, and told us that you are an asset to the city.” We wish to thank everyone who believed in us and made this special honor possible. We are fortunate to have a chorus of customers and supporters so vested in Farmer Joe’s success. We continue to invest in our community, move forward with our employees and serve the community we love and are proud to call home. Thank you again for the opportunity to serve Oakland. Joe and Diana Tam ******************************************** Please use your critical thinking skills. My last union steward now shops at Farmer Joe's. She had the ability to listen to both sides of the story. Come out and join my neighborhood as we celebrate living in Oakland and shopping at our neighborhood grocery store. Let's support democracy in America. Let's support small business in Oakland. Let's support people with ethics, heart and compassion.
Up until very recently, and for many, many years we were fiercely loyal customers of Farmer Joe's. Like most of us in our neighborhood, we were delighted when they opened their new store on Fruitvale Avenue. We were disappointed at first, and now we are disgusted by how they have handled the union drive and treated the employees who want to unionize their store. We cannot spend our money at the store knowing that the notorious union-busting "American Consulting Group" has been hired to "advise the Tam's" and "educate" their workforce against the union drive. We don't buy dishonest arguments about "protecting their workers' right to privacy," or how the card check system "violates their right to free speech and their workers' right to vote." I wonder who's arguments these really are, the Tam's, or those offered by the American Consulting Group, or the most right-wing, reactionary, anti-labor elements of the Republican party? See: http://www.flashreport.org/blog0a.php?postID=2007050714421723&post_offsetP=0#comments to see who is writing and posting comments against the above article. Can anyone honestly say that if you worked at Farmer Joe's - with anti-union petitions sitting in front of every cash register in the store, knowing that several active union supporters having been fired, that you were asked by your boss to sign an anti-union petition - that you would feel comfortable speaking out in favor of the union? Does anybody believe for a moment that under such conditions workers are "free to choose" a union without intimidation? The excellent article above, as well as other articles that recently appeared in the Tribune, as well as the fired workers' own stories, make it clear that the Tam's are mishandling this situation. It's clear to us that the only free and fair way to decide this issue - without intimidation - is through the card check system advocated by the union, fired workers, and virtually every local elected official who has weighed on the case.
Thank you East Bay Express for helping the workers enforce their right to vote for whether or not they want a union to represent themselves. The Tam's are not a small business. They are a mid-size business. And I think it is quite a surprise to see how business (small or otherwise) closes ranks when it comes to worker's rights. There is a lot of lip service given to sustainable food. How about allowing people a sustainable living. The hypocracy is rampant in this so-called libreal neighborhood of Oakland. When it comes to the "Act Locally " part of the phrase "Act Locally, think globaly" unfortunately it is business as usual. I guess People don't have the power. Which is really depressing. Let the workers vote for what they want. I will not shop there until they can. I used to spend $300.00 a month there. But Solidarity is more important.
It took major efforts by local politicians and the National Labor Relations Board to force the dues hungry Local 5 to finally respect the workers rights to not unionize and stop the illegal picketing. Solidarity or supporting the criminal activity of union thugs?
I want so much to continue shopping at this store, but I honestly cannot do so in good conscience anymore. It is one of the best places that has moved into the area since I have been around, but I will go out of my way to avoid it until they allow fair labor practices for their employees.
Latest in News
-
The Epicenter of a Public Health Crisis
Even as awareness of hepatitis C grows, the scant resources devoted to its treatment are being slashed.
- Nov 18, 2009
-
Why the 2010 Census Matters in Alameda County
The bureau's quest to properly count all foreign-language speakers is important but controversial.
- Nov 11, 2009
-
A Private Venture Seeks Public Parks Bond Money
The Alameda Boys and Girls Club seeks public funding for its new center, to the consternation of people who say that's not what a 2008 parks bond was for.
- Nov 4, 2009
- More»
Author Archives
-
Millennial Telegraph
The Avenue no longer looks how I remember it, but that isn't a bad thing.
- Sep 3, 2008
-
On Ruling Your Roost
A little yard space and some determination are all you need to become an urban chicken farmer.
- Jun 20, 2007
- More»
Comments (5) RSS