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APPEALS COURT UPHOLDS LOCAL 23; JUSTICE DELAYED IN SEVEN-YEAR-OLD CASE

 PITTSBURGH, Sept. 2 /PRNewswire/ -- The Court of Appeals for the Washington, D.C., Circuit has upheld a decision by the National Labor Relations Board (NLRB) ordering Davis Supermarkets, Inc. to recognize United Food and Commercial Workers (UFCW) Local 23 as the exclusive bargaining agent for workers at the company's Hempfield Township, Westmoreland County, Pa., location. The effect of the three-judge panel's decision is to force Davis Supermarkets to enter into negotiations with the union. The panel issued its decision on Aug. 27, 1993.
 Local 23's organizing efforts among Davis' Hempfield Township store employees began more than seven years ago in March and April of 1986. During the campaign, the union filed numerous Unfair Labor Practice charges against the company which resulted in a number of complaints being issued by the NLRB's Regional Office.
 Charges filed by Local 23 included but were not limited to claims that the company committed unfair labor practices by:
 -- Interrogation regarding employees' union membership activities and sympathies.
 -- Creating an impression that employees' union activities were under surveillance.
 -- Threatening employees with store closure.
 -- Threatening employees with unspecified reprisals if they supported the union.
 -- Accusing union supporters of disloyalty.
 -- Threatening persons engaged in handbilling.
 -- Laying off, discharging and causing the termination of employment of nine workers suspected of being union supporters.
 Davis denied these and other charges and a hearing was then held before Administrative Law Judge (ALJ) John H. West. West, after hearing 11 days of testimony upheld all of Local 23's charges. The judge noted the "degree and persuasiveness of the unfair labor practices" and therefore ordered Davis to bargain with Local 23 after finding that a fair election was impossible. West's bargaining order was issued on March 28, 1990. Davis then appealed the decision to the NLRB in Washington.
 A three-member panel of the NLRB supported West in a decision issued on Feb. 27, 1992. It was then that Davis turned to the courts with yet another appeal.
 Local 23 Attorney James R. Reehl said he hoped that the court's decision would at last "bring Davis Supermarkets to the bargaining table.
 "Justice has been delayed and therefore denied. We're ready to meet and to begin negotiations on a contract."
 Reehl also cited this case as an example of the failure of the federal labor laws. "Workers who want and need unions shouldn't have to wait for more than seven years." He pointed out that many of those who supported the union in 1986 have moved to other jobs.
 Local 23 and other unions are pressing the U.S. Congress to enact meaningful labor law reform to prevent delays as were faced in the attempts to organize at Davis Supermarkets.
 UFCW Local 23 represents more than 22,000 workers in central and western Pennsylvania, in parts of Ohio and West Virginia. Most of the union's members are employed in the retail food industry.
 -0- 9/2/93
 /CONTACT: Glenn R. Plummer or James R. Reehl of the United Food and Commercial Workers Union, 412-261-0301/


CO: United Food and Commercial Workers Union; Davis Supermarkets, Inc. ST: Pennsylvania IN: REA SU:

MP-CC -- PH022 -- 8528 09/02/93 15:53 EDT
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Date:Sep 2, 1993
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