Sparks start to fly in Target fight

Published: May 26, 2011 - 3:03 pm

Sparks are starting to fly in the attempt to unionize Target stores.

The labor union behind the effort filed a complaint this week alleging that Target illegally intimidated workers at its Valley Stream, L.I., store in order to thwart the organizing drive there.

The unfair labor practice charges, lodged by the United Food and Commercial Workers Local 1500 with the National Labor Relations Board office in Brooklyn, contend the retailer engaged in at least 10 illegal actions since the union began organizing workers several months ago.

In one instance, managers “implicitly threatened” the store would close if they supported the union, the filing alleges. In another case, it claims a supervisor threatened to fire employees if they spoke about the union.

The union also alleges workers have been prevented from discussing their employment on social networking sites, that they have been interrogated about their union activity and that they have been told their union activity was under surveillance.

The filing comes as the retailer and union jockey for support from the 260 workers eligible to vote in a June 17 election. If the workers vote to join UFCW Local 1500, the Valley Stream store would be the first Target in the country to be unionized.

Alvin Blyer, the Brooklyn regional director of the NLRB, said his office had just received the charge and had not yet investigated it.

A spokeswoman for Target said the company “follows all local, state and federal laws.” She said the company has not received any complaint from the NLRB about the Valley Stream store, and therefore can’t comment on specific claims the union is making. “However, we believe that we have followed the policies and procedures” of the NLRB, the spokeswoman said.

“We believe it is important to provide our team members with the time and opportunity to gather all of the information they need to make this important decision in private,” she added.

The campaign in Valley Stream is part of a broader effort to organize workers at all 27 Target stores in the metropolitan area, including 10 in New York City. The union’s focus has been on the Long Island store, where workers approached Local 1500 several months ago complaining about low wages and too few hours.

Since then, workers say management has waged an aggressive campaign to get them to vote against the union. Sonia Williams, a 53-year-old overnight clerk who has worked at the store for nine years, said she was called into a meeting with a manager who told her she had to stop talking to coworkers about the union.

“She said, ‘It’s been brought to our attention you’ve been soliciting team members,’” Ms. Williams recalled. “Why is it OK for managers to talk to us and tell us to vote no, and I can’t tell anybody to vote yes?”

Ms. Williams said that workers are given a new piece of anti-union literature each day. One read: “Will the store close if the union gets in? There are no guarantees…The union has a terrible record of store closings.” All of the literature ends with “Vote No.”

Jeffrey Braff, a partner at Cozen O’Connor who has represented retailers fighting union organizing campaigns, said the handout itself was probably not against the law, as it doesn’t explicitly say the store would close. But he said the NLRB under President Barack Obama has been more labor-friendly than under former President George W. Bush and that it could take issue with the flyer.

He said employers facing a union election should sit supervisors down and explain what they are and are not allowed to do. They should shy away from surveillance, interrogation and threats, but err on the side of being more aggressive, he added.

“I’d rather have an unfair labor practice because you’re trying to get your message out than lose the election because you’re sitting on your hands and being overly cautious,” Mr. Braff said.

If the charges are proven and the union loses the election, the NLRB could order a do-over, but Mr. Braff said reruns typically turn out in favor of the employer.

Caution doesn’t appear to be an issue in Valley Stream. Tashawna Green, a 21-year-old sales floor worker, said supervisors are pulling employees into one-on-one meetings. “They keep telling us about dues and stores closing because of the union,” she said. “It’s been very intimidating.”

Leaders of the campaign say workers are scared they’ll lose their jobs, but that they are working hard to counter Target’s strategy.

“We’re reaching out to them to stand strong,” Ms. Green said. “We’re telling them they have to listen to both sides of the story. And they are standing strong.”