Irvine council signals support for law that would protect labor at smaller chain markets
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A majority of Irvine councilmembers are working to expand protections for grocery worker jobs amid a tense fight to unionize Mother’s Market & Kitchen locations across Orange County.
With a Mother’s in Irvine, councilmembers on Tuesday directed city staff to bring back a retention ordinance that supporters argue closes a loophole in a similar state law that otherwise exempts smaller grocers.
It comes as the United Food and Commercial Workers Local 324, which many Mother’s Market employees want to join, is concerned that Mill Road Capital, the local chain’s current ownership, is looking to sell.
“We have to do more for our workers,” said Councilmember Betty Martinez Franco. “Just like we lead in innovation, we also need to lead in protecting ... workers’ rights.”
Mother’s Market employees in Costa Mesa made a unionization effort public at all of its Orange County stores. Wages, scheduling and staffing at the organic health food outlet are key issues that have fueled the campaign.
The union drive first went public in April when workers organized a “march on the boss” at the chain’s flagship store in Costa Mesa — an action that spread to other store locations.
But the grocery store, which specializes in healthy organic foods, has declined to voluntarily recognize UFCW Local 324.
Last week, the company suspended 15 workers with pay in Costa Mesa pending workplace investigations. The union countered that all 15 workers participated in legally protected union activities.
As the campaign continues, dozens of UFCW Local 324 members and Mother’s Market workers spoke in favor of the worker retention law at the Irvine City Council meeting.
“This workforce is essential to the health and well-being of Irvine and every community,” said Jose Perez, UFCW Local 324’s president. “By retaining and rehiring skilled, knowledgeable workers, our communities will continue to be healthy and thrive.”
Mayor Larry Agran and councilmembers also received a letter Tuesday from the California Grocers Assn. opposing the effort.
“The proposal and reasons for the policy before you appears to be misleading, inaccurate, suspect and does not increase access to grocery in Irvine,” Timothy James, the association’s director of local government relations, wrote. “We ask you to not move forward until Irvine grocers are fully consulted, the number of stores impacted is published, current food safety is understood, and the consequence of burdening grocery store replacements is fully understood.”
California already has a retention law for grocery workers on the books.
But the provisions that require new grocery store owners to retain employees for a 90-day period with terminations only allowed for cause solely applies to markets larger than 15,000 square feet.
In championing greater protections, Councilmember Kathleen Treseder wanted the square footage requirement waived in Irvine for grocery store owners with more than 300 employees nationwide.
Although Councilmember Mike Carroll sympathized with the grocery store workers, he suggested expanded job protections is a matter for state legislators, not the City Council.
“It’s almost legislative punishment,” Carroll said. “It feels like this is just targeting Mother’s [Market].”
Councilmember James Mai joined Carroll in opposition.
“My goal is to encourage more investment in Irvine and more grocery stores, not fewer,” he said. “While I absolutely understand and respect the intent of this proposal, I worry that it becomes counterproductive by adding another mandate for businesses considering investing or taking over an under-performing location.”
Mother’s Market grocery workers in Costa Mesa are suspended with pay pending workplace investigations. The mass action come months into an organizing drive to form a union at the flagship location.
In supporting the effort, Councilmember Melinda Liu dismissed notions that the proposed protections amounted to anti-business policy.
“We’re not trying to hit the mom-and-pops,” she said. “A lot of them are in the immigrant community. We definitely don’t want to hit those. That is why we specifically have the carve-out of any franchisees or any businesses that has no more than 300 workers, even though they meet the size requirement.”
Councilmembers voted 5-2 in support of the expanded protections. Carroll and Mai dissented.
At the council’s direction, the city attorney’s office will come back with a draft retention law by Irvine’s next council meeting on Sept. 22.
If initially supported, councilmembers would have to take a second procedural vote at a later council meeting before it becomes law.
