RALPHS HIT WITH LAWSUIT HIRING PRACTICES BROKE LAW, UNION SAYS.

Byline: Gregory J. Wilcox Staff Writer

The union representing striking grocery clerks sued Ralphs Grocery Co. on Friday, claiming the chain hired locked out employees to secretly work under false names and Social Security numbers.

The suit, filed in Los Angeles Superior Court, claims that in some instances the workers locked out by Ralphs were brought back on the payroll using the names of their minor children or relatives, a violation of state and federal law.

Ralphs spokesman Terry O'Neil said that it is company policy not to comment on lawsuits. But he disputed the gist of the suit filed by the United Food and Commercial Workers International Union Local 770.

``It has been our policy since the labor dispute began not to hire any locked out employees, whether they are from Ralphs or Albertson's, or any striking employees from Vons,'' O'Neil said.

The contentious strike began Oct. 11 when union workers at Vons walked off the job over pay and health benefit issues. The next day Ralphs and Albertson's banned union workers from their stores.

Since then, negotiations have proceeded in fits and starts with neither side apparently willing to give ground. No talks have taken place since early December and none are planned in the immediate future.

Among the claims made in Friday's lawsuit:

--Ralphs provided employees false identities and, thus, failed to issue them with wage stubs containing their real names and Social Security numbers.

--The company failed to keep accurate and complete payroll records of work done by the employees working under false identities.

--Ralphs knowingly falsified contribution and wage reports submitted to the state's Employment Development Department, the California Unemployment Fund and the employees' health benefit, pension fund and 401(k) plan.

--The company violated the Unemployment Insurance Code, which requires employers to deduct and withhold taxes and file accurate reports of taxes withheld.

``I'm shocked by the activities of the corporate officers - and possibly the Kroger board of directors - in this situation. This unlawful practice must stop immediately,'' local president Rick Icaza said in a statement.

The union declined to make him available Friday for further comment. Calls were referred to spokeswoman Barbara Maynard, who was also unavailable.

Ralphs' O'Neil said that regular company policy calls for firing any worker discovered to have gained employment by using a false name or Social Security number.

``That kind of thing happens whether a labor dispute is going on or not,'' he said.

Gregory J. Wilcox, [phone]

greg.wilcox(at)dailynews.com