In another union struggle in the East Bay (see today’s commentary), Farmer Joe’s Marketplace, an independent high-end grocery store, is fighting organizing efforts of a local chapter of the United Food and Commercial Workers (UFCW) union. Joe Tam, a Chinese immigrant, opened his first Farmer Joe store in 1994, after working for nearly 20 years as a Safeway employee. Last June, he
and his wife opened their second store in Oakland’s Dimond District
But there is nothing worse for a Bay Area liberal than to have to choose between their organic strawberries and their slavish devotion to all causes promoted by labor unions. Now their beloved Farmer Joe’s is being targeted by the UFCW and they must choose. Joe Tam and his wife published a compelling letter to their customers in which they take on the union’s charges, including that they are being unfair to people of color.
According to the Tams, UFCW wants to unionize both stores and is pressuring the owners to sign an agreement that would circumvent the typical union election where the National Labor Relations Board oversees the process to ensure fairness on both sides. Instead, the UFCW is pushing the Tams to sign an agreement that would:
1. take away the right to vote from the employees
2. compel the grocery store to turn over confidential employee data without their consent
3. restrict the Tam’s freedom of speech to give accurate facts to their employees (they would be barred from stating facts that do not support the union’s position)
So far, the Tams have refused to sign the agreement and the union has been picketing the store every Friday night.
In their letter, Joe and Diana Tam wrote, “We are a family-owned and operated community store and have always embraced high ethical values. We believe we have a good relationship with our employees. They receive benefits and salaries commensurate with recent union contracts signed with local grocery stores such as Safeway. The starting wage for a cashier under the new union Safeway contract is $8.50 an hour, and our cashiers start at $9.00 an hour. We offer everyone full time employment unless they prefer part-time status.”
A few years ago, the employees of the popular Berkeley Bowl grocery store in
May 8th, 2007 at 12:00 am
As the Director Government Affairs for a non-Union association of building contractors, I have seen this type of dishonest manipulation by the Unions several times. Minority-owned businesses seem to be an especially favorite target of this type of coercion. The Union is trying to exploit the fact that the Tams are not from this country. They are attempting to prove that the Tams are ignorant of U.S. Labor law because they are immigrants. It’s just one of dozens of cynical ploys used by the Unions to scare, coerce or otherwise bully businesses into getting out of the way of unionization.
May 9th, 2007 at 12:00 am
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).
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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
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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.