By Hillary Gavan
For StatelineBusiness

BELOIT -- Members of the United Food and Commercial Workers Local 1473 are attempting to negotiate a collective bargaining agreement with Woodman's Food Market. The union contract with United Food and Commercial Workers Local 1473 expired March 16.

Union representatives along with Woodman's lead negotiator Fred Grubb met in Madison in April to hammer out a successor contract. The union and Grubb have different views on how the negotiation process went.

Mark Sweet, the union's attorney, said the workers are bargaining for better wages, benefits and rights.

As the negotiations continue, the National Labor Relations Board is deciding whether to allow the union to have a vote to decertify.

The United Food and Commercial Workers Local 1473 filed a petition to decertify in January and then filed charges of unfair labor practices in March. Some employees claim they were coerced by supervisors. If that is found to be true a vote to decertify may not be granted by the National Labor Relations Board. Sweet said that supervisors in the union allegedly began pressuring employees to opt out of the union last September.

Sweet wasn't pleased with the first week of negotiations. Sweet said the "anti-union consultant" was leading the decertification process.

"The bargaining was definitely heavy handed in the initial meetings. Woodman's has decided for the first time to use someone other than Phil Woodman. That's a bad sign as far as we are concerned," Sweet said. "From the tone of the negotiations, we weren't impressed with the first week of meetings. We were disappointed with the lack of a response from the company. They proposed huge takeaway of the rights of employees."

Woodman's didn't accept any items from the union's proposal and submitted its own proposed management rights clause.

The clause proposed by Woodman's would ensure the exercise of management would be in full discretion of the employer. Woodman's is requesting sole rights to: hire, evaluate, promote, demote and transfer; assign duties to employees and more.

Sweet said the trend of hiring consultants for bargaining is more prevalent in the South, but is making its way to more favorable-to-union areas such as Wisconsin.

"The union is not going to give up rights of these employees," Sweet said.

Fred Grubb, the lead negotiator with Fred B. Grubb Quist & Associates, LLC, wouldn't comment on details of the union's proposal, saying he didn't want to negotiate a contract in the media.

Grubb said the first week of negotiations went OK, but was disappointed with Sweet's quick reaction to call the negotiation process negative.

Grubb said each side has the right to present its own proposals and requests - the whole point of negotiating.

Grubb added that Phil Woodman couldn't be at the negotiations because he was at a new store opening in Oak Creek, Wis. on those days. He also added that Woodman has to be careful what he can say right now.

"There are 30 to 40 years of National Labor Relations Board case law that says what an employer can or cannot say or do when a petition to decertify is filed," Grubb said. "Mr. Woodman hired a professional to negotiate on his behalf to make sure he doesn't do anything wrong."

Grubb said Woodman's has always enjoyed a positive reputation as a good and fair employer.

He said Woodman's didn't put any pressure on employees to file a petition to decertify. Grubb said more than 30 percent of employees must be in favor of the election for the National Labor Relations Board to hold an election.

In Grubb's eyes, it's some of the employees themselves - not the employer - that wanted a vote to decertify.

"From our standpoint, the union is trying to make this the union versus consultants and Woodman's. It's really the union versus the Woodman's employees who are trying to get an election," Grubb said.

Grubb noted that United Food and Commercial Workers Local 1473 receives more than $400,000 a year in union dues each year. He said that some union members may not want to lose that revenue by having the union decertified.

Grubb denied allegations that Woodman's pressured employees to squash the union. He also noted that supervisors at Woodman's have been in the union for many years, and it didn't become an issue until now.

Grubb accused the union of trying to interfere with Woodman's employees' rights to vote and express their opinion, by filing unfair labor practice violations with the National Labor Relations Board.

"The union has blocked the employees ability to have a vote," Grubb said.

Items included in the United Food and Commercial Workers Local 1473's proposed contract:
Providing Company paid health insurance after 90 days, rather than 15 months of employment.

Providing family health coverage to employees with 25 hours rather than 30 hours per week of employment.

An increase in the contribution to the Employee Stock Ownership Trust from 15 percent to 25 percent annually and decrease annual hour requirement to include more part-time employees.

Substantial across the board wage increase and bonus for each year of the contract and at all classifications.

Inclusion of premiums for vacation and personal days.

A night premium of $.50 per hour for all work performed between 10 p.m. and 8 a.m.

Scheduling to be posted by 8 a.m. on Thursday and to include two weeks of schedules.

A double in the attendance bonus for all employees.

Eliminating the restrictions on self-covers.

Pay out of vacation pay the week prior to an employee's vacation.

Increasing the maximum number of vacation weeks to five per year.

A substantial increase in slots available for picking vacations.

The inability of the Employer to block any weeks for vacation.

Elimination of the limitation on taking vacation days.

An increase in personal holidays available for all employees.

Raising the premium for premier baggers from $.55 to $2 per hour.