Neither United Food and Commercial Workers Local 7 nor Kroger-owned King Soopers, Colorado's largest grocery chain, is claiming progress after the first week of a strike — and a new court filing has ratcheted up passions on both sides of the dispute.
In that January 18 filing in Denver District Court, King Soopers is requesting a temporary restraining order to squelch picketing and demonstration actions that it claims are preventing the company from doing business. The motion is armed with a list of eighty incidents during which Local 7 members allegedly went beyond their legal right to protest.
Local 7 has some big guns of its own. On January 17, Mayor Michael Hancock worked a plea for supporting strikers into a speech at the Martin Luther King Day Marade. A day later, the union shared this quote from Governor Jared Polis: "I don't cross the picket line, and I hope that the workers are able to negotiate better safety, better healthcare, better wages." It followed that with a post from U.S. Senator and former presidential candidate Bernie Sanders of Vermont: "This is what corporate greed is about. Over 8,000 Kroger employees in Colorado are on strike for decent wages and working conditions. Meanwhile, Kroger's profits are soaring and their CEO got a 45 percent salary increase and now makes over $20 million a year. Let's support the workers!"
King Soopers' de facto response was the call for a restraining order, which asserts that picketing by Local 7 members "has included multiple incidents of picketers impeding ingress and egress to Plaintiff’s parking lots and stores."
Here are three of the eighty instances cited by the firm.
Store #7, 5125 West Florida, Denver. On January 12, 2022, at approximately 8:20 am, 15 to 20 picketers massed on the sidewalks, near the parking lot entrances and exits, the fire lane, and the main driving lane separating the parking lot and the front of the store. All vehicle and pedestrian traffic must pass through these areas in order to enter the store. The picketers moved in a formation that could be described as patrolling the entrance perimeter. This pattern seemed to deter people and vehicles from using the main driving lane or fire lane....The suggested remedy for such situations is contained in the document's "Prayer for Relief" section, in which the company asks for a "full and complete hearing" of its assertions. Until such a sit-down is scheduled, King Soopers wants the court to issue a temporary restraining order that "specifically enjoins and restrains" the union from a slew of actions, such as "picketing, congregating, loitering or gathering in front of, on or near the Plaintiff's facilities in any manner other than by the maintenance of 5 or fewer pickets on the premises and perimeter of each one of Plaintiff's facilities" or "interfering with, injuring, menacing, threatening, molesting, intimidating, shouting at, or obstructing, in any manner whatsoever, any person employed by Plaintiff or any customer, supplier, visitor, officer, representative, for-hire carrier, or agent of Plaintiff, or any other person with a lawful right of entry to the Plaintiff’s facilities."
Store #14, 655 Peoria Street, Aurora. On January 12, 2022, and every day since, groups of 10-20 picketers have paced back and forth in front of the store’s main entrance, blocking customers’ ability to enter and exit....
Store #55, 9983 Wadsworth Parkway, Westminster. On January 15, 2022,from 5:00 am to 1:00 pm, at least 10 picketers were outside the store’s main entrance at all times, with the number rising to as many as 30 picketers at one time. The picketers walked back and forth 5 to 8 feet in front of the entrance in a crisscross or scissoring pattern, impeding people entering and exiting the store. Many customers turned around and left without entering the store....
After the filing, Kim Cordova, president of Local 7 and vice president of UFCW International, fired back with one of her most ardent statements since the strike began. "UFCW Local 7 strongly disagrees with the unfounded allegations by King Soopers," she stresses. "There are over 8,000 workers, as well as members of the public on our picket lines, and we continue to call on everyone involved not to allow these baseless allegations and bullying tactics to distract us from what is important. This company refuses to bargain. They want to stop our freedom of speech and curtail even more of the workers’ rights. We will not stand for that. We remain focused on our fight to give King Soopers/Kroger workers the industry-leading contract that they deserve. We reiterate our call for union members to be strong and resolute on the picket lines. We will continue to fight on behalf of our members for an improved living wage, a safe workplace and place to shop, healthcare benefits for workers, and the withdrawal of concessionary proposals that undermine the dignity of essential workers."
A few hours later, King Soopers pushed back, with spokesperson Jessica Trowbridge denying that King Soopers has implemented "'bullying' tactics" or is trying to "impede our associates' freedom of speech."
Trowbridge adds: "To be extremely clear — we support our associates’ right to picket. We also respect our associates’ right to cross the picket line and work and our customers’ right to cross the line to shop. Unfortunately, at several locations picketers are engaging in unlawful activity, including threatening, blocking and intimidating both associates and customers who have chosen to cross the picket line. Additionally, there have been instances where picketers are blocking trucks from delivering to our stores. These activities are not peaceful and frankly are unsafe. The safety of our associates, customers and communities will ALWAYS come first and this temporary restraining order is a reflection of that commitment. It is truly disappointing that the union would endorse these unlawful behaviors."
Click to read King Soopers' January 18 temporary restraining order filing. Continue to see Kim Cordova's video message about King Soopers allegedly "trying to silence our members."
