The year 2023 saw two major strikes with the Writer’s Guild of America and the United Auto Workers, impacting the entertainment and automobile industries respectively. While both were resolved, the impact of strikes on today’s organizations is a significant challenge for organizations, employees, and external stakeholders.

An industry that is not normally associated with unfair labor practices is supermarkets, but that’s exactly what’s happening in Denver, CO, as over 10,000 grocery store workers are on strike. According to the United Food and Commercial Workers Union (UFCW), supermarkets in the King Soopers chain, owned by Kroger—the largest supermarket operator in the U.S. by revenue—are engaging in unfair and illegal negotiating practices.

Not unsurprising, what is up for dispute is being disputed. The UFCW claims fraudulent attempts to renegotiate an expired contract; in addition, they claim King Soopers’ management “illegally interrogated and surveilled union members, refused to provide information needed for contract negotiations, threatened union members with discipline for clothes and buttons expressing union support, and insisted on using $8 million in retiree health benefit funds to cover pay increases” (Gruver). King Soopers’ counterclaim is that they have shared “all relevant data with the union, is committed to fair and lawful negotiations and disputes the union's claim that it would ‘gut’ the retiree health benefit funds” (Gruver). Management further states that the UFCW’s claims lack merit and customers will pay higher prices.

Important U.S. federal laws and regulations protect employees in management and union relationships. The National Labor Relations Act of 1935 gave workers the right to organize, form unions, and encourage collective bargaining.  It also prohibited employers from interfering, restraining, or coercing employees, and provided employee protection against discrimination from union activity (NLRA). Additional provisions of the National Labor Relations Act state that employers must “come to the table in good faith to negotiate a collective bargaining agreement” (Kourtis). The act also defines unfair labor practices and created the National Labor Relations Board to ensure compliance. An additional federal law and regulation that impacts the management and union relationship includes the Labor-Management Disclosure Reporting Act (also known as Landrum Griffin Act) of 1959.

If the UFCW’s claims of illegal interrogation, threats, and refusal to provide information are accurate, King Soopers would be in direct violation of the National Labor Relations Act. Companies found in violation are subject to cease-and-desist orders, reinstatement of employees with back pay, and other remedies. If the UFCW’s claims are found unjustified, similar remedies apply.  It is important for organizations and employees to collaborate lawfully in the collective bargaining process or face the legal consequences.

Even better, can’t we all just get along?