Legal Question in Business Law in California

We are faced with yet another grocery strike looming in southern California once again. I have been hearing rumors that parent companies are considering closing down and reopening nonunion under the banner of the parent company i.e. Safeway for Vons or Kroger for Ralphs. My question is this....

How long would they legally have to close down for to break the union?


Asked on 8/20/11, 5:47 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

One thing I don't do for a living is bust unions. There are plenty of high-priced lawyers out there who do. If I knew how, I sure wouldn't post the information to a public forum.

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Answered on 8/20/11, 8:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The record for a strike with the business being run in the meanwhile by non-union replacement workers (a/k/a scabs) was probably the strike against the Florida East Coast Railway, which began in 1963 and ended when the FEC was sold to a new owner, not governed by the old labor contract, in 1977. So, that one lasted 14 years and was resolved in a way that probably won't work in the grocery-chain milieu, although your question suggests that they might try. Also, grocery stores compete in a different market than medium-sized railroads, and depend upon union members for their sales volume. I predict a settlement in less than a year, maybe a lot less.

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Answered on 8/21/11, 10:49 am


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