Alberta Court of King’s Bench Judge Says Safeway Wage Reopener Decision Should Be Arbitrated Again

This morning, the Alberta Court of King’s Bench issued a decision ruling that the Safeway Wage Reopener decision must go back to arbitration again.

Local 401 has only had this decision for a few hours and our lawyers are reviewing and studying it.

Read the court’s decision by clicking here.

Workers don’t just want a wage increase, they NEED one

President Hesse has already commented on the ruling:

“Alberta is the most conservative jurisdiction in the country for workers. It is where we have the lowest minimum wage and the weakest labour laws,” said Hesse. “Every time we speak in court, labour leaders are nervous as decision-makers here are rooted in a culture that props up corporations.”

“In an environment where everyone recognizes that customers and workers are struggling with food prices and the affordability crisis, this decision is profoundly disappointing,” added Secretary Treasurer Richelle Stewart. “The decision seems completely insensitive to the challenges facing our members and fails to recognize that workers do not just want higher wages — they need them.”  

Flawed reasoning

The judge in this case seems to suggest that the arbitrator did not properly consider some things that she should have. For example, he comments that the arbitrator does not pay proper attention to Superstore as Safeway’s competition in Alberta.

We believe that this judge interfered with a well-reasoned decision. He may not have agreed with the decision, but he should have left his conservative views in his dusty library.

We think that the arbitrator looked at the big picture and made the correct assessment. We would argue that Superstore operates in a market more like FreshCo, not in the conventional grocery market.

What does this mean for you? 

While the decision of the court does not expressly take your wage increases away, we have received no reassurances from Safeway that they will not try to do so. As we know, Safeway is certainly capable of threatening you and of very unethical behaviour. 

The decision could restart the final-offer selection process, where some months from now we are rearguing the case in front of a new arbitrator. But we are considering taking this judge’s decision to yet another appeal.

“I have already directed our lawyers to begin reviewing and considering appealing this decision in the Alberta Court of Appeal,” noted President Hesse. “This fight is not over.”

Safeway’s arrogance

All this reveals Safeway’s utter arrogance and indifference to you.

What should have Safeway done? The arbitrator’s decision never should have gone to court. Safeway should have recognized that you need and deserve a raise and abided by the decision that resulted from the process and arbitrator they agreed to.

The world right now needs to be viewed from a humanistic perspective. Simply put, workers need a raise to survive.

Everyone is hurting, except for Safeway bosses and corporate executives. Safeway has further alienated its staff and run squarely into the mental health of its workers.

It’s time to talk about what’s right and what’s wrong. Safeway has wronged you. Plain and simple.

We will keep fighting 

“We will continue to use every legal mechanism and avenue to fight for all our members in this horrible economic climate,” vowed Secretary Treasurer Stewart. “This decision will play out and be discussed in other legal arenas and boardrooms. But we all see that push is going to come to shove here.”

“Local 401 stands committed to taking this fight to the sidewalk in a strike, if necessary, to remind Safeway who runs their stores,” declared President Hesse. “We will remind every customer in Alberta who the bad guys really are.”

Local 401’s actions on the Wage Reopener have been a success, notwithstanding the legal matrix in which we now find ourselves.

Thousands of employees have received their biggest wage increases in thirty years. Sadly, thousands of others have been ripped off by Safeway because they wouldn’t show any generosity towards them.

However, both groups fully understand who their employer really is. This collective anger can form the basis for the most powerful bargaining effort we have ever coordinated with Safeway.

That bargaining will start next year when the contract expires.

“Leadership is not about winning every time or how you react to winning,” reflected President Hesse. “It is about reenergizing and reinventing your strategy in changing circumstances. Local 401 intends to do just that.”

“It’s time to come out swinging,” concluded Hesse. “We will not stop fighting for you!”

Doing the right thing

We’re asking Safeway to do something.

Safeway should stop fighting with its employees. It should stop resisting fair wage increases in an affordability crisis. While the decision does not say that you have to pay your raises back, it does not mean that Safeway will not try to make you do so.

We ask that Safeway reassure you and tell you that they care about you by giving you a fighting chance to be able to afford to shop at the stores in which you work.

Posted on: October 18,2024