Whole Foods’ Main Distributor UNFI Paid Union-Busting Firm Over 2.7 Million Since 2010
UNFI (United Natural Foods Inc) has hired union-busting firm Kulture Consulting from 2010–2018 amid disturbing labor rights violations.
United Natural Foods Inc (UNFI) hired the union-busting firm Kulture Consulting from 2010 to 2018 according to documents from the Department of Labor. UNFI serves as the main distributor for Whole Foods Market. Back in 2016 Whole Foods also hired Kulture Consulting to fight a unionization effort in Miami. UNFI and its subsidiary Albert’s Organics paid more than 2.7 million dollars from 2010 to 2018 to the union-busting firm.
UNFI projects an image of having “corporate responsibility” when it comes to the environment, communities and its employees through its philanthropy and foundation. It installs solar panels onto company buildings and has employees volunteer for various organizations. It even set up the ARF (Associate Relief Fund) which according to their website:
“This Fund was established to assist associates in times of financial hardships to ensure that they are able to meet their basic needs when unavoidable emergency situations make it difficult to do so. The Associate Relief Fund is supported by donations from associates, enabling them to help each other in times of need.”
While it was having employees donate to each other in times of need the company was also opposing unionization efforts with a union-busting firm whose founders have links to the far-right, including Donald Trump & Steve Bannon.
In 2012 UNFI workers in Auburn, Washington represented by the Teamsters went on strike. All 72 of them were fired in December of 2012 and a month later UNFI CEO Steve Spinner released a letter bemoaning the failed negotiations by blaming the union. The fired employees were replaced by non-union workers but were eventually rehired in February of 2013. Despite this, UNFI’s 2013 Annual Report stated that:
“During fiscal 2013, for the first time in the Company’s history, we experienced a work stoppage by our unionized employees in Auburn Washington. However, we continue to believe that our relations with our employees are good.”
There’s no document showing Kulture was involved with the union-busting in Auburn however the firm was working for UNFI during those years.
Also in 2012, workers at the Moreno Valley UNFI location were trying to unionize. The International Labor Rights Forum (ILRF) did an investigation into the labor rights violated at UNFI’s Moreno Valley location and found that:
“…UNFI responded to an effort by its largely immigrant workforce to organize in early 2012 by waging an aggressive antiunion campaign. Most concerning, in the course of this campaign, a UNFI manager on two occasions threatened violence against workers who support the union. In one instance, the manager stated, in Spanish, “If the union comes into the warehouse, I am going to go and kill all of those motherfuckers from the union.” (“Si llegara a entrar la union voy a matar a todos los hijos de la puta madre de la union.”) The threats were taken seriously by workers and union representatives. Additionally, the company required its workers to repeatedly sit through lengthy mandatory meetings in which managers and outside consultants predicted that voting to unionize could ultimately lead to workers losing their jobs. The company carried out these actions in the weeks leading up to an election for union representation supervised by the National Labor Relations Board (NLRB)…”
Two DOL documents show that Kulture was hired for the Moreno Valley location starting on April 16, 2012. This was also the same month the union submitted a petition to the NLRB for an election which took place on May 17th. A majority of the workers voted against unionization. The union appealed to the NLRB which took until 2014 to agree with some of the charges brought by the union against UNFI. The Board found that UNFI had violated the law by:
“…coercively interrogating employee Edgar Acosta regarding union organizing at the facility…[and] warning employee Sergio Acosta (i) that the Company would not negotiate or sign any contract with the Union; (ii) that all workers could lose benefits if they selected union representation; (iii) that management was looking for a way to fire him; and (iv) that his working conditions would not improve unless he stopped complaining to the Union and to the Board.”
Demonstrating how toothless U.S labor law is, the only punishment for UNFI was that:
“To remedy the violations, the Board’s Order requires the Company to cease and desist from the unfair labor practices found and from, in any like or related manner, interfering with, restraining, or coercing employees in the exercise of their Section 7 rights…Affirmatively, the Order requires the Company to post a remedial notice.”
Kulture continued through the years to rake in money from UNFI. Other documents from later years show Kulture conducted meetings with employees, even including one on one meetings to discuss “their rights under the NLRA”. Despite the brutal opposition several UNFI locations, including Moreno Valley, have unionized with the Teamsters.
In UNFI’s 2018 Annual Report a “list of risks and uncertainties” includes “union-organizing activities that could cause labor relations difficulties and increased costs.” The report goes so far as to admit they’re willing to, again, hire “replacement workers” and take “security measures” if a strike were to occur:
“In the event we are unable to negotiate contract renewals with our union associates, we could be subject to work stoppages. In that event, it would be necessary for us to hire replacement workers to continue to meet our obligations to our customers. The costs to hire replacement workers and employ effective security measures could negatively impact the profitability of any affected facility. Depending on the length of time that we are required to employ replacement workers and security measures these costs could be significant and could have a material adverse effect on our business, financial condition or results of operations.”
