RedJanitor
14th February 2012, 21:04
TUESDAY, FEBRUARY 14, 5:00PM 1954 SE DIVISION ST., PORTLAND, OR
On Tuesday, February 7, our co-worker Ryan Gaughan was wrongfully terminated from employment at New Seasons Market, Seven Corners. He has been employed at NSM for 9.5 years, with a clean employment record and no issues pertaining to attendance or job performance. Ryan has been integral in promoting a democratic voice for workers within the company.
To learn more about the history of worker concerted activity at NSM Seven Corners, and about the circumstances leading to Ryan’s termination, please visit our website at:
We call upon all workers, customers, families, and community allies to join us for this historic and exciting solidarity rally! The rally will be the official starting point for our campaign, which will specifically demand the following from NSM management:
Reinstate Ryan immediately; same job, same hours, and payment for lost wages since his termination on February 7.
Collaborate with workers to establish a peer-review system regarding disciplinary actions and terminations. Workers are entitled to have a peer witness present during disciplinary meetings, and the ability to directly contest disciplinary actions made by management.
“The fine print…”
We welcome participation from everyone in the community, including our fellow workers represented by labor unions. However, we wish to make clear that our campaign is an independent initiative of workers from within the Seven Corners store, focused on concerted activity and mutual aid.
Feel free to bring custom made signs and banners pertaining to our demands, but please, do not attempt to use our rally for the purposes of promoting your labor union, political party, political candidate, or any other secondary initiative.
We stand in solidarity with grocery store workers, union and non-union alike, and view our struggle in commonality with theirs. That said, workers from the Seven Corners store wish to emphasize that our campaign is not affiliated in any way with the United Food & Commercial Workers Union (UFCW).
Demands
New Seasons Market – Seven Corners Store
1954 SE Division St.Portland, Oregon 97202
February 13, 2012
Demand Letter for Immediate Reinstatement of Ryan Gaughan (Grocery Dept.)
Workers at NSM Seven Corners are aware that our friend and co-worker, Ryan Gaughan, was terminated from employment at our store on February 6, 2012. The reason given for Ryan’s termination was that he allegedly was not paying for all of his lunch items from the store deli.
Management claims that Ryan was not paying for scoops of brown rice from the deli. Ryan denies this accusation out right. Deli staff use a variety of methods to charge people for rice; printing out a sticker, adding the cost to another deli item, or charging for rice at the register when people bring up their plate. On all occasions, Ryan has paid for rice at the register when purchasing his lunch, when prompted to do so by the cashier.
Management claims that Ryan has been witnessed “by a staff member” taking “two scoops” of tofu from the deli wok bar, adding the product to his lunch plate, and not paying for the product at the register. On two occasions, Ryan pointed out the tofu on his plate to the deli cashier, and was told, “That’s nothing. Don’t worry about it.” Ryan has paid for all items on his lunch plate when prompted to do so by the cashier.
We are aware that Ryan is a long standing employee at New Seasons Market, having worked for the company since August 2002. During his term of employment, Ryan has consistently received very positive performance reviews from his supervisors. He has no attendance issues, and has never received any previous warnings regarding allegations of theft prior to his termination. Furthermore, Ryan is well-respected by his fellow employees, has consistently taken the initiative to operate the bulk department in a professional manner, and regularly lends a hand to workers from other departments. Most importantly, Ryan has developed an excellent rapport with our customers, who have come to rely on his product knowledge and respect the attention with which he brings in new products and maintains an adequate stock.
Workers at Seven Corners are fully cognizant of the real motivations behind management’s decision to terminate Ryan. For years, Ryan has been active in a wide variety of efforts to improve workplace conditions regarding safety, health benefits, wage discrepancies, and worker equality within the company.
In 2007, Ryan and a group of co-workers successfully petitioned the store Safety Committee regarding the issue of not having enough carts in sound working order with which to perform our jobs. By attending the Safety Committee meeting as a group and collectively presenting a list of carts needed, management was able to order 8 new grocery carts for delivery within 1 week. Previously, workers had been told that, “there isn’t enough money in the operations budget this quarter to purchase this equipment.”
In 2010, Ryan and a group of co-workers from throughout the company held meetings intended to address the lack of health care options available to transgender workers at NSM. This group held a series of meetings with Basic Rights Oregon (the leading advocacy organization in the state for LGBT citizens), compiled research on comparative costs for transgender health care, and met with Lisa Sedlar and Rick Howe (HR Director) on two occasions to request that the company honor this population by extending medically necessary coverage. As a result, in 2011, New Seasons Market agreed to add transgender coverage to the company health plan, becoming one of the largest private employers in the country to do so.
Ryan and a group of co-workers engaged in support for two of our co-workers who were terminated for unethical reasons. Ray Crider, a cashier, was fired for “shift abandonment” by leaving a shift 15 minutes early, after receiving authorization to leave early from his supervisor. Justin Longerbeam, from the meat department, was fired for clocking in to his shift and using the restroom, without notifying a supervisor prior to doing so. In both cases, Ryan and our group advocated for reinstatement for these workers because their “violations” were clearly inconsequential, and merely mechanisms for management to liquidate employees they were dissatisfied with.
Most recently, workers at Seven Corners have been actively participating in a series of “coffee talk” meetings with Lisa Sedlar and other company executives. At these meetings, held on January 12 and February 2, workers from the store presented a long series of concerns regarding disciplinary practices, pay inequities, store morale, and company direction. Ryan was instrumental in encouraging employees to attend these meetings, and was a part of the voice that made suggestions for increased worker democracy and advocacy within the company.
Employees at New Seasons Market are regularly encouraged by management to “Speak Up!” regarding their suggestions and concerns. It is clear that they are comfortable when employees do this on an individual level. The attitude starts to change, however, when we come together and begin to act collectively, and speak with a unified voice.
We strongly believe that Ryan’s termination has nothing to do with allegations of not paying for rice or tofu. The motivation associated for their actions has more to do with their fear of worker concerted activity than it does with lost profit margin. Ryan’s advocacy for and solidarity with his fellow employees presents a direct threat to management’s total control over our working conditions, and he was summarily terminated for this alleged minor violation in order protect the bottom line.
We believe that Ryan’s termination is in violation of the National Labor Relations Act (NLRA), Section 7, which states:
“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…”
Under the guise of enforcing a “zero tolerance” theft rule policy, we believe that management selectively singled Ryan out as a result of his participation in these legally protected acts. To that end, we are in support of Ryan and his decision to file an Unfair Labor Practice charge against New Seasons Market, which will initiate a government investigation into the grounds for his termination. We have faith that the National Labor Relations Board, the agency which enforces the NLRA, will find in his favor.
We call upon New Seasons Market to do the following:
Reinstate Ryan immediately; same job, same hours, and payment for lost wages since his termination on February 7.
Collaborate with workers to establish a peer-review system regarding disciplinary actions and terminations. Workers are entitled to have a peer witness present during disciplinary meetings, and the ability to directly contest disciplinary actions made by management. A meeting in the Seven Corners conference room to begin implementing these rights should take place no later than 60 days after this notice.
On Tuesday, February 7, our co-worker Ryan Gaughan was wrongfully terminated from employment at New Seasons Market, Seven Corners. He has been employed at NSM for 9.5 years, with a clean employment record and no issues pertaining to attendance or job performance. Ryan has been integral in promoting a democratic voice for workers within the company.
To learn more about the history of worker concerted activity at NSM Seven Corners, and about the circumstances leading to Ryan’s termination, please visit our website at:
We call upon all workers, customers, families, and community allies to join us for this historic and exciting solidarity rally! The rally will be the official starting point for our campaign, which will specifically demand the following from NSM management:
Reinstate Ryan immediately; same job, same hours, and payment for lost wages since his termination on February 7.
Collaborate with workers to establish a peer-review system regarding disciplinary actions and terminations. Workers are entitled to have a peer witness present during disciplinary meetings, and the ability to directly contest disciplinary actions made by management.
“The fine print…”
We welcome participation from everyone in the community, including our fellow workers represented by labor unions. However, we wish to make clear that our campaign is an independent initiative of workers from within the Seven Corners store, focused on concerted activity and mutual aid.
Feel free to bring custom made signs and banners pertaining to our demands, but please, do not attempt to use our rally for the purposes of promoting your labor union, political party, political candidate, or any other secondary initiative.
We stand in solidarity with grocery store workers, union and non-union alike, and view our struggle in commonality with theirs. That said, workers from the Seven Corners store wish to emphasize that our campaign is not affiliated in any way with the United Food & Commercial Workers Union (UFCW).
Demands
New Seasons Market – Seven Corners Store
1954 SE Division St.Portland, Oregon 97202
February 13, 2012
Demand Letter for Immediate Reinstatement of Ryan Gaughan (Grocery Dept.)
Workers at NSM Seven Corners are aware that our friend and co-worker, Ryan Gaughan, was terminated from employment at our store on February 6, 2012. The reason given for Ryan’s termination was that he allegedly was not paying for all of his lunch items from the store deli.
Management claims that Ryan was not paying for scoops of brown rice from the deli. Ryan denies this accusation out right. Deli staff use a variety of methods to charge people for rice; printing out a sticker, adding the cost to another deli item, or charging for rice at the register when people bring up their plate. On all occasions, Ryan has paid for rice at the register when purchasing his lunch, when prompted to do so by the cashier.
Management claims that Ryan has been witnessed “by a staff member” taking “two scoops” of tofu from the deli wok bar, adding the product to his lunch plate, and not paying for the product at the register. On two occasions, Ryan pointed out the tofu on his plate to the deli cashier, and was told, “That’s nothing. Don’t worry about it.” Ryan has paid for all items on his lunch plate when prompted to do so by the cashier.
We are aware that Ryan is a long standing employee at New Seasons Market, having worked for the company since August 2002. During his term of employment, Ryan has consistently received very positive performance reviews from his supervisors. He has no attendance issues, and has never received any previous warnings regarding allegations of theft prior to his termination. Furthermore, Ryan is well-respected by his fellow employees, has consistently taken the initiative to operate the bulk department in a professional manner, and regularly lends a hand to workers from other departments. Most importantly, Ryan has developed an excellent rapport with our customers, who have come to rely on his product knowledge and respect the attention with which he brings in new products and maintains an adequate stock.
Workers at Seven Corners are fully cognizant of the real motivations behind management’s decision to terminate Ryan. For years, Ryan has been active in a wide variety of efforts to improve workplace conditions regarding safety, health benefits, wage discrepancies, and worker equality within the company.
In 2007, Ryan and a group of co-workers successfully petitioned the store Safety Committee regarding the issue of not having enough carts in sound working order with which to perform our jobs. By attending the Safety Committee meeting as a group and collectively presenting a list of carts needed, management was able to order 8 new grocery carts for delivery within 1 week. Previously, workers had been told that, “there isn’t enough money in the operations budget this quarter to purchase this equipment.”
In 2010, Ryan and a group of co-workers from throughout the company held meetings intended to address the lack of health care options available to transgender workers at NSM. This group held a series of meetings with Basic Rights Oregon (the leading advocacy organization in the state for LGBT citizens), compiled research on comparative costs for transgender health care, and met with Lisa Sedlar and Rick Howe (HR Director) on two occasions to request that the company honor this population by extending medically necessary coverage. As a result, in 2011, New Seasons Market agreed to add transgender coverage to the company health plan, becoming one of the largest private employers in the country to do so.
Ryan and a group of co-workers engaged in support for two of our co-workers who were terminated for unethical reasons. Ray Crider, a cashier, was fired for “shift abandonment” by leaving a shift 15 minutes early, after receiving authorization to leave early from his supervisor. Justin Longerbeam, from the meat department, was fired for clocking in to his shift and using the restroom, without notifying a supervisor prior to doing so. In both cases, Ryan and our group advocated for reinstatement for these workers because their “violations” were clearly inconsequential, and merely mechanisms for management to liquidate employees they were dissatisfied with.
Most recently, workers at Seven Corners have been actively participating in a series of “coffee talk” meetings with Lisa Sedlar and other company executives. At these meetings, held on January 12 and February 2, workers from the store presented a long series of concerns regarding disciplinary practices, pay inequities, store morale, and company direction. Ryan was instrumental in encouraging employees to attend these meetings, and was a part of the voice that made suggestions for increased worker democracy and advocacy within the company.
Employees at New Seasons Market are regularly encouraged by management to “Speak Up!” regarding their suggestions and concerns. It is clear that they are comfortable when employees do this on an individual level. The attitude starts to change, however, when we come together and begin to act collectively, and speak with a unified voice.
We strongly believe that Ryan’s termination has nothing to do with allegations of not paying for rice or tofu. The motivation associated for their actions has more to do with their fear of worker concerted activity than it does with lost profit margin. Ryan’s advocacy for and solidarity with his fellow employees presents a direct threat to management’s total control over our working conditions, and he was summarily terminated for this alleged minor violation in order protect the bottom line.
We believe that Ryan’s termination is in violation of the National Labor Relations Act (NLRA), Section 7, which states:
“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…”
Under the guise of enforcing a “zero tolerance” theft rule policy, we believe that management selectively singled Ryan out as a result of his participation in these legally protected acts. To that end, we are in support of Ryan and his decision to file an Unfair Labor Practice charge against New Seasons Market, which will initiate a government investigation into the grounds for his termination. We have faith that the National Labor Relations Board, the agency which enforces the NLRA, will find in his favor.
We call upon New Seasons Market to do the following:
Reinstate Ryan immediately; same job, same hours, and payment for lost wages since his termination on February 7.
Collaborate with workers to establish a peer-review system regarding disciplinary actions and terminations. Workers are entitled to have a peer witness present during disciplinary meetings, and the ability to directly contest disciplinary actions made by management. A meeting in the Seven Corners conference room to begin implementing these rights should take place no later than 60 days after this notice.