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Hundreds of Kroger Associates Win $90,000 Settlement in West Virginia

Pictured left to right, back row first: David Simpson, Gary Southall, Shawn Cantrell, Chelsea Snow, Stephen Bumgardner and Randy Fields at Kroger #725 in St. Albans, W.Va.

Hundreds of Local 400 members are about to receive back pay checks after winning a $90,000 settlement against Kroger, following a grievance against the company over lengthy delays in implementing raises provided for under the terms of their contract.

Kroger members in West Virginia ratified a new contract last Fall that provided raises for backups and night crew workers. The contract was ratified on November 6, but the raises were supposed to take effect retroactively to October 7, 2017—the date the previous contract expired. But Kroger didn’t start paying the new raises until February 2018, leaving a roughly four-month gap when hundreds of people should have been paid at the higher rate.

“When we went to a meeting on the contract, I saw that DSD [direct store delivery] people got their raises immediately and someone in pharmacy got a raise in December, but they made us wait until February,” recalled David Simpson, a 38-year Kroger veteran who is shop steward and backup meat cutter at Kroger #725 in St. Albans, W.Va.

“That wasn’t right,” he said. “So I looked into it. I talked to the night crew and meat cutters and they thought they should be getting their raises too.”

David filed a grievance against Kroger and with the assistance of his Local 400 representative, Gary Southall, worded it to ensure that it covered all 522 members affected by the company’s contract violation.

The grievance went through first, second, and third level meetings and each time, Kroger refused to budge. It was finally slated for arbitration and at that point, the company realized it was unlikely to win and negotiated the $90,000 settlement.

“I was very excited about the victory,” Dave said. “A little extra never hurts anybody. I thought I was right all along and this shows Kroger knew it. I told the night crew and everyone was happy.

“Kroger’s always trying to put one over on us and this time we got them instead,” he added.

The $90,000 settlement is being divided equally among the 522 members who were affected. Settlement checks have been mailed and should arrive in members’ mailboxes over the next several days.

Ten Safeway Employees Awarded $11,000 in Back Pay

Alex Falsinotti was awarded more than $1,000 in back pay after Safeway was caught violating the scheduling provisions of his union contract. Nine other Safeway workers were awarded back pay totaling $11,000.

Alex Falsinotti has been working at Safeway #1365 in Fairfax, Virginia for almost two years. Officially he works in the Seafood Department, but on most days whoever is scheduled to work the Meat Department leaves around 2 or 3 p.m., and Alex is forced to man both departments until they officially close at 8:00 p.m.

“I’m expected to clean the counter and help customers and close down the department by myself,” he says. “I try not to get frustrated, but doing this for ten months you get overwhelmed.

Under our union contracts at Safeway and Giant Food, the companies are required to staff the Meat Department from 8:00 a.m. to 8:00 p.m. every day. Furthermore, one person cannot be required to close both the Meat and Seafood departments at the same time.

Alex didn’t know this was a violation of his union contract, but he knew it wasn’t right. “I didn’t want to be rude to the manager but I came to him more than once and said, ‘The meat cutter left, is someone else coming?’ And he said, ‘No.’”

Management told him that they were short-staffed and didn’t have anyone that they could schedule to help him out.

This problem came to the attention of his union representative, Bertha McKiver, last October. After visiting several Safeway stores throughout Virginia, including Alex’s store in Fairfax, Bertha noticed a pattern – in store after store where meat departments were supposed to be open and fully staffed, the lights were off and the areas were cleaned up.

Bertha filed grievances at five stores throughout Virginia (#1298, #1331, #4002, #1606 and #1365). As a result of the grievances, Alex and nine other Safeway employees were awarded back pay totaling $11,000 for the hours they should have been scheduled to work. One individual had lost so many hours he was awarded $1,300 in back pay after taxes.

Since Bertha’s success with the grievances against Safeway, several people have called her from other stores with similar complaints. If you work in the Meat or Seafood department at Safeway or Giant Food, report scheduling violations using the form below. You could be entitled to back pay if your manager violated the scheduling provisions of your union contract.

Report Scheduling Violations in Meat & Seafood Departments at Giant & Safeway

Under our union contracts at Safeway and Giant Food,

  1. 1. The Meat Department must be staffed from 8:00 a.m. to 8:00 p.m. every day.
  2. 2. One person cannot be required to close both the Meat and Seafood departments.
  3. 3. The Meat Department can only be closed by a Meat Department employee.

Fill out the form below to report scheduling violations in the Meat and Seafood departments at Giant Food and Safeway. A union representative will follow up with you shortly.

  • Please enter your store number or location.
  • Please check all that apply.
  • Please submit any photo evidence of the scheduling violation.
    Drop files here or
  • This field is for validation purposes and should be left unchanged.

Kroger Agrees to Allow Employees to Transfer to New Store

We are pleased to announce that Kroger has agreed to allow all interested associates at store #536 in Norfolk to transfer to the former Farm Fresh across the street if and when it reopens as a Kroger store.

If you refused to be silent, if you signed a petition, if wrote a letter, if you joined a protest – this would not have happened without you.

Kroger says it still hasn’t finalized plans, but the company has signed a legally binding agreement that protects your jobs in the event the store closes:

  • If Kroger closes store #536 and opens the former Farm Fresh store within six months, then you may transfer to the newly opened store if you choose.
  • You will not have to quit and reapply for your job.

As we’ve always said, “together, we can make Kroger better.” And make no mistake – we did this together. By sticking together as a union family, we successfully protected our jobs.

Now we must turn our attention to our next contract. We want a fair contract with better pay, affordable healthcare, and respect for our union. But this won’t be easy. We must continue to stick together to make Kroger better and get the fair contract we deserve. We know we can do it.

Joint Statement from Kroger & UFCW Local 400

The following statement was released jointly by Kroger & UFCW Local 400 on July 17, 2018:

Kroger Mid-Atlantic and UFCW Local 400 Reach Agreement Regarding Store #536

We are pleased to share that after some discussion, Kroger Mid-Atlantic and UFCW Local 400 have reached an agreement regarding the potential opening of Store #576 located at 230 East Little Creek Road, and its possible impact on current associates at Store #536 in Norfolk, VA.

At this time, the Company has not finalized plans for opening Store #576, nor has it made a decision to close Store #536.

In the event that Kroger Mid-Atlantic decides to close Store #536 and open Store #576, the Company and the union have agreed to transfer all interested associates to the newly opened store. This agreement is good for a period of time up to six months after the potential closing of Store #536.

Kroger Mid-Atlantic and the union commit to communicate with you when decisions are made.

Kroger Shop Steward Wins $250 in Back Pay for Coworker

Kristy Vance, a shop steward at a Kroger store in Blacksburg, poses for a photo with her coworker, Alex Taylor. Alex was awarded $250 in back pay after Kristy reported a manager doing work that should have been assigned to Alex.

For years now, Kristy Vance has seen managers, management trainees and loss prevention staff stocking shelves at her store, Kroger #402 in Blacksburg, Va. This not only violates the Kroger-Roanoke contract, which specifies that only bargaining unit members can stock shelves, but it also reduces the number of hours Local 400 members are scheduled to work. Kristy wasn’t going to tolerate it.

This fall, she took photos and documented 24 hours of management doing shelf-stocking. She sent the photos and evidence to her representative, Mark Collins, and filed a grievance against Kroger. The company could not dispute what happened and Local 400 won a back pay award for part-time associate Alex Taylor. He was the most senior part-timer and had only worked 16 hours during the week in question, so he received a check for $250, covering the extra hours he should have been assigned.

“Alex was grateful, but he said, ‘Wow, I don’t need this,’” Kristy recalled. “He was wanting to give it to someone who was older. That was really admirable of him, but this was his award because management took those hours away from him. And we sent a clear message that we are going to enforce our collective bargaining agreement.

“I’m really pleased we got results because this has been a long time coming,” Kristy said. “Whenever I raised this problem in the past and told them they have to give part-time workers the extra hours they need or pay full-time workers overtime, management would deny that they were stocking. I would take photos and they would claim it wasn’t proof. They kind of laughed us off. Not any more.”

After Kristy filed the grievance, a new manager was appointed for the store. Since then, Kristy has caught a few incidences of management doing bargaining unit work—which she continues to document—but the frequency is down. “We’re having an impact, but we’ve still got to be vigilant,” she said.

For Kristy, fighting back was hard. She had previously worked Kroger #192 in Galax, Va., just a few miles from her home in Fries. But after that store was closed, she was transferred to Blacksburg, 72 miles away. So she spends two and a half-hours each day commuting—or longer, when traffic is bad. As a result, she relies on her Local 400 sisters and brothers to document contract violations when she’s not there, and they played a central role in winning back pay for Alex.

In addition, Kristy and her co-workers spearheaded an arbitration case against Kroger charging the company with using courtesy clerks to perform work that can only be done by food clerks. “We’ve turned in the three violations,” Kristy said, “which would be enough to trigger the ‘three strikes’ clause, promote all courtesy clerks and eliminate the position in our store if we win in arbitration.

“I think all of these actions are showing everyone working in our store that their union is here to fight for them,” Kristy said. “We’re showing them that together we’re stronger, that divided we’re weak, and that if we come together, we can fight corporate America and get what we deserve—our pieces of the pie.”

Work at Kroger? Here’s How to Report Violations

Are managers doing work that should be assigned to a clerk? If you see a manager doing work that should be assigned to a clerk, click here to report the violation or talk to your shop steward.

Are courtesy clerks getting cheated at your store? If you work as a courtesy clerk, or if you see a courtesy clerk at your store doing work he or she shouldn’t have to do, click here to report the violation and a union representative will follow up with you.