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Feds charge Marsh with unfair labor practices

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The National Labor Relations Board has scheduled a February hearing to present details of unfair labor practices charges levied against Fishers-based Marsh Supermarkets Inc.

NLRB staff investigated complaints filed by United Food and Commercial Workers Local 700 earlier this year alleging that Marsh violated federal law by threatening and intimidating employees to discourage them from forming a union. The grocery chain also allegedly fired an employee for supporting the union.

The federal agency has filed a formal complaint as a result of that inquiry, the union said in a statement released Thursday.

Marsh said the charges weren't true.

"We vehemently deny these charges and look forward to the scheduled hearing where the facts of the case will be presented," Marsh spokeswoman Connie Gardner said in an e-mailed statement Friday morning. "As the process continues we remain confident that in the end these allegations will be found to be without merit.  As a company, we are very proud of the fair and open environment that has been a hallmark of our relationship with our associates for nearly 80 years.  We have always respected and abided by the rules established by the National Labor Relations Board and any other governmental agency concerning employment matters."

As IBJ reported this fall, the union drive picked up steam this year as Marsh's parent company tried to sell the chain then pulled it off the market after failing to find a buyer.  Florida-based private equity firm Sun Capital Partners, which bought Marsh for $88 million in cash and the assumption of $237 million in debt, found no takers after it began marketing Marsh for $130 million to $150 million in late 2009. http://www.ibj.com/sun-capitals-cuts-spark-union-drive-at-marsh-supermarkets/PARAMS/article/22076

The labor relations board certified a 44-employee bargaining unit at the Beech Grove Marsh store, and a vote to authorize the union was scheduled for September.

But Local 700 canceled the election after Marsh reportedly fired employee Tony Massey in retaliation for his organizing activities, assigned corporate staff to the store on Albany Street in Beech Grove to intimidate employees, and trained security cameras on one employee, Marsha Bookout.

In its official complaint, the labor relations board charges Marsh management with placing their workers under surveillance; interrogating employees about union activities; prohibiting workers from talking about the union at work; interfering with, restraining, and coercing employees in the exercise of their rights; and firing an employee because of his support of the union.

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  • Work and Pray - Live on Hay
    If all American workers were content to work for pennies an hour and eat grass, the US would be the most competitive nation on earth and our bosses would be even richer!
  • Shame on Marsh!
    Shame on Marsh! Workers have the fundamental right to form a union, and Marsh is obviously in the wrong here. If companies would just do what is right by their employees, there would be no need for a union... plain and simple.
  • Then I guess...
    Then I guess you will not do any shopping at Kroger's.
  • union maid
    I take it you like being unemployed and underpaid?
  • Bad Unions
    All of the boys in my high school class wanted to work for a big union company. At our 45th reunion, all were unemployed- because they and their unions had become non-competitive, and had driven their companies out of business or to other states. Go Marsh! Protect local jobs by stopping the greedy unions and their poliical pacts.
    • It is a matter of Law and what is Right
      If Marsh (current Sun Capital Partners) treated their employees correctly, then they would not feel the need to unionize. What is Marsh afraid of? The denial of free speech and the right to organize is against the law. That in itself is serious infraction on American rights.
      • Go Marsh!
        Labor unions served a purpose once, but that was generations ago. We now have a massive body of federal and state law to protect workers, not to mention armies of lawyers anxious to represent them.

        Unions now exist to extract dues from their members to spend on political candidates with agendas the members may not even agree with not to mention very generous salaries for their leaders.

        My childhood hometown of Anderson was ruined by unions. I'll gladly go out of my way to shop at a non-union store. Go Marsh!!!
        • Work or Don't Work, Others Want Your Job
          If you don't like the working conditions, then go find a new place to work. Trying to organize at Marsh--or any company--is short sighted on the part of the employees. Ask all the union employees of now closed factories how they like those union-driven pay and benefit increases now that the plant is closed and they are no longer employed. If you are not happy with how much you make at Marsh, or any company, take your skillset to the market and find someone who is willing to pay you more. You may just find out that your skillset isn't in demand, and that is your fault and not your employer's. I'm sick and tired of paying higher prices due to union demands, and then hearing laid off workers complain about unemployment benefits that they never contributed to (look it up...unemployment is paid 100% by the employer, there is no right to it because the employee paid for it). There are jobs out there, and if you don't like yours, go get a different one because someone else wants yours.
        • Lets be Educated!
          If people were truly educated on the negative impacts of unionization, they would never actually join the band wagon. Way to Go Marsh for standing up to the bullies of this industry and rid Indiana of an archaic way of work.
        • No surprise
          As long as I can remember Marsh has done everything they could to prevent a union from being formed. I worked there for 9 years, and I can't tell you how many times I would see emails from corporate to the stores to be on union watch, and to be sure to escort anyone representing a union off the premises immediately.

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        1. liek the rest of America

        2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

        3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

        4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

        5. whoa!

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