NLRB clears hurdle for Whole Foods unionization effort

Workers at the store became the first—and so far, only—Whole Foods to authorize a union in January of last year. Shutterstock

The U.S. National Labor Relations Board has dismissed Amazon’s objections to the unionization of a Whole Foods store in Philadelphia.

Workers at the store became the first—and so far, only—Whole Foods to authorize a union in January of last year, but the two sides have yet to begin bargaining.

Following Monday’s NLRB ruling, United Food and Commercial Workers Local 1776 in Philadelphia said it will formally issue a demand for bargaining and is calling on Whole Foods to begin negotiating in good faith.

“The company has spent months delaying the process and retaliating against known union supporters,” said Wendell Young IV, president of UFCW 1776. “With this ruling, there could not be a clearer obligation to bargain.”

Whole Foods had objected to the certification of the unionization vote, in part by questioning the authority of the NLRB’s regional director to certify the results in the absence of a full quorum. The retailer also cited unfair restrictions on its ability to communicate with its workers about the union’s claims.

The NLRB on Monday rejected the retailer’s objections and ruled in favor of the union local, setting the stage for potential contract negotiations.

“We strongly disagree with the Board’s conclusion,” a Whole Foods spokesperson said in a statement provided to Supermarket News. “As previously stated, and as demonstrated throughout last year’s hearing—including with first-hand testimony from various witnesses—restrictions on free speech and the union’s illegal conduct interfered with our team members’ right to a fair vote at our Philly Center City store.”

After workers at the store voted in favor of union representation last January, NLRB Regional Director Kim Andrews certified the results the following May. Whole Foods then filed an objection to that certification, alleging that Andrews did not have the authority to certify the results because the board at the time lacked a full quorum.

Whole Foods also objected to an NLRB ruling that prohibited the retailer from holding so-called “captive audience meetings” with its employees. The retailer said the ruling violated Whole Foods’ First Amendment rights to free speech.

The NLRB “put its thumb on the scale of the election and tainted it by unconstitutionally limiting the employer’s free speech rights and ability to communicate its lawful message on the topic of unionization, including facts, opinions and experiences in a way available to every other employer for decades prior,” Whole Foods said in its objection last year.

The NLRB dismissed both of Whole Foods’ objections.

In the time since the election was certified, UFCW Local 1776 said it has filed several unfair labor practice charges against the company alleging retaliation against union supporters, including reducing employee hours and terminating several workers.

Meanwhile, Amazon last year transitioned part of its Whole Foods corporate workforce to Amazon’s compensation and benefits systems. All Whole Foods full-time and part-time employees continue to receive a 20% in-store discount, 401(k) retirement plans with matching company contributions and other benefits.