DENVER — Thousands of King Soopers employees can continue picketing outside dozens of stores across Colorado as they demand an end to what they claim are unfair labor practices, but they cannot block delivery trucks and access to stores while doing so, a district judge ruled Friday.
In a ruling that ultimately does not resolve the ongoing dispute between the union representing the workers and the grocery giant, Denver District Court Judge Sarah Wallace ruled that the temporary restraining order (TRO) filed by King Soopers last Tuesday didn’t have enough teeth to put an end to the proposed two-week long strike, which began on Feb. 6.
The TRO claimed there have been more than 300 instances of "compromising behavior" across 77 Denver metro stores since the strike began last week, including picketers blocking delivery trucks and handicapped parking sports as well as coercive and intimidating behavior against customers.
While video evidence presented in court did show picketers blocking a delivery bay at one store and a raised blue tent that blocked the entrance to another, “the events seem to be isolated and the guidelines show an effort on the part of the Union to have a peaceful strike,” the court ruled Friday.
King Soopers had also claimed that picketers “had coerced and intimidated non-striking employees by using profane and intimidating language,” but the court found that the company “did not present enough non-hearsay evidence of this fact to meet its burden here.”
Other claims made by company representatives in court included the intimidating use of bull horns and mass picketing that prevented employees and customers from entering their stores.
“While bull horns could be intimidating if they were utilized in close proximity to a customer or employee, the Court did not observe any evidence of bull horns that constitute actual or threatened violence or intimidation,” Judge Wallace said in her ruling.
Regarding claims of “mass picketing” outside the stores that prevented customers or staff from going inside, Judge Wallace noted that “The Court… has viewed the video footage and never saw more than approximately fifteen picketers and there was never an instance in which a customer or employee could not easily walk into the store.”
Out of the approximately 50 incident reports generated by King Soopers of alleged picketer misconduct, she said, “many… contain inadmissible hearsay.”
- View Denver7's most recent reporter story of the ongoing dispute between King Soopers and the union in the video player below:
“A Denver judge today largely rejected an attempt by King Soopers to silence the voices of striking workers,” said Monique Palacios, a spokesperson for UFCW Local 7, in a statement to Denver7 shortly after the ruling. “The ULP strike will continue and the workers’ voices on the picket line will continue to be heard at stores across the state.”
It wasn’t a total win for King Soopers, however, as Judge Wallace ruled Friday that parts of the restraining order from the company can proceed to protect public and employee safety.
Workers participating in the strike are barred from blocking delivery bays and raising up tents or creating piles of trash on the sidewalk in front of King Soopers stores.
Judge Wallace also ruled that the restraining order isn’t just applicable to workers in the Denver metro, but “extends to any Counties which as of the date of this Order are currently on strike.”
“We appreciate the court’s decision to grant critical elements of our temporary restraining order, that supports our commitment to safety for everyone,” said Joe Kelley, President of King Soopers and City Market in a statement after the ruling. “To be clear, the decision to seek a temporary restraining order was not made lightly and is certainly not intended to silence associates. We’ve said from the beginning that we respect our associates’ right to peacefully assemble. However, it is crucial that we maintain an environment of mutual respect.”''
You can view the ruling on the TRO from King Soopers here or in the document below.
The TRO was the second lawsuit in as many weeks filed by King Soopers.
A day after the strike began, King Soopers filed a federal lawsuit against the union, accusing them of forcing the company to bargain with labor unions outside of Colorado.
Calling the actions by the grocer “distractions” that are “an attempt to both silence workers and even prevent them from trying to keep warm on the picket line,” Palacios said UCFW Local 7 is “hopeful that the company will finally get the basic messages we have been telling them since October – get serious with bargaining, stop the unfair labor practices, and address the goals of the bargain that would solve the staffing crisis that impacts workers as well as shoppers.”
Speaking to Denver7 Thursday, Kelley continued to refute those allegations, saying the union has “been promising us a staffing proposal as well as a wage proposal. They've given us nothing.”
With no end in sight, the strike is expected to continue through at least Feb. 20.
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