Bashas' Family of Stores Defamation Lawsuit Against UFCW Upheld in Arizona Superior...
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Bashas' Family of Stores Defamation Lawsuit Against UFCW Upheld in Arizona
Superior Court
- Ruling Positive First Step Towards Clearing Hometown Grocer's Good Name -
PHOENIX, Aug. 5 /PRNewswire/ -- Bashas' Family of Stores can move forward
with its lawsuit against the United Food & Commercial Workers' union and many
of its operatives, according to a decision handed down by the Superior Court
of Arizona last week. Judge Douglas Rayes denied the UFCW's request to dismiss
the lawsuit, which was filed last December. The suit accuses the UFCW, its
local 99 affiliate, as well as several of its agents, of defamation,
intentional interference with business operations, extortion and trespass.
Named in the suit are the UFCW International; the UFCW Local 99 (including
Hungry for Respect Coalition, a front organization designed to publicly
disparage Bashas' Family of Stores); La Campesina radio station (88.3 FM);
Michael Nowakowski, City of Phoenix Council Member and General Manager of La
Campesina; Alfredo Gutierrez, community activist turned spokesperson for hire,
and talk show host of La Campesina; Rev. Trina Zelle whose organization
receives most of its funding from unions; William McDonough, Executive Vice
President and Collective Bargaining Director for UFCW International; and James
McLaughlin, President for UFCW Local 99, amongst others.
"This ruling is a positive first step towards clearing our company's good
name," said Mike Proulx, Bashas' president and chief operating officer.
"Through this lawsuit, we hope to once and for all put an end to the ugly and
malicious lies that the UFCW has spread about our company and our members
(employees) through its slick, negative campaigning."
Bashas' Family of Stores operates Food City, AJ's Fine Foods and Bashas'
supermarkets. The grocer, selected earlier this year as a "Best Place to Work"
by its members, employs more than 13,000 people, making it an attractive
target for the UFCW. (If every Bashas' member paid dues to the UFCW, the
UFCW's revenues would increase by more than $4 million each year.)
The goal of the UFCW's smear campaign against the family-owned and
-operated grocer is to pressure management into signing a contract that would
eliminate the right of Bashas' employees to vote, by secret ballot, whether or
not they want a union.
"The UFCW has said that it intends to either extort Bashas' into
surrendering to its campaign or destroy Bashas' as a viable business," said
Mike Manning, the attorney representing Bashas' in this lawsuit. "In pursuit
of that scheme, the UFCW and its operatives have repeatedly delivered false
and defamatory statements about Bashas' treatment of its members; the health
and cleanliness of its grocery stores; and Bashas' regard for and treatment of
Hispanic customers and employees. This ruling allows Bashas' the right to
protect itself from the UFCW's extortion."
The judge also ruled that a coalition of union members and community
activists called Hungry for Respect could not be sued because it is not a
distinct legal entity. "This is what Bashas' has been saying all along -- that
Hungry for Respect is nothing more than an empty store front for the UFCW,"
said Manning.
The UFCW's smear campaign has included promoting a class action lawsuit;
filing charges with the National Labor Relations Board; distributing negative
flyers, door hangers and direct mail pieces; crafting, distributing and
publicizing inflammatory and false reports; accusing the company of selling
expired products, then planting expired products on store shelves; calling in
false reports to governmental agencies alleging health code and other
operational violations; organizing public demonstrations both inside and
outside of stores, with the goal of disrupting and discouraging business;
arranging "town-hall-style" meetings to publicly attack Bashas'; sending
thousands of pieces of junk mail to Arizona families spreading lies about
Bashas' and Food City; paying prominent and recognizable media outlets to
defame Bashas'; handsomely funding vocal mouth pieces to serve as
spokespersons against Bashas'; and making personal home visits to encourage
shoppers to boycott Bashas' and Food City stores.
Bashas' was founded more than 76 years ago by brothers Ike and Eddie
Basha, Sr. Since then, it has become the largest family-owned grocer in
Arizona, and the 8th largest employer in the state. Bashas' is the
15th-largest privately held supermarket chain in the nation. Bashas' owns and
operates more than 160 grocery stores in Arizona, California and New Mexico.
Since its inception, the grocery chain has given back more than $100 million
to the communities it serves. For more information, visit
http://www.bashas.com or http://www.bashastogether.com.
SOURCE Bashas' Family of Stores
Kristy Nied of Bashas' Family of Stores, +1-480-895-5369, knied@bashas.com
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