STATEN ISLAND, N.Y. -- A series of protests outside local ShopRite stores regarding the use of non-union labor has resulted in a legal dispute between the owner and the Construction & General Building Laborers Local 79 union.

Since late-April, Local 79 has used inflated rat and cockroach balloons, bullhorns and leaflets to protest Mannix Family Market’s leasing arrangements to build the borough’s newest ShopRite, located in The Boulevard shopping center, using non-union laborers.

These protests led Mannix Family Market to file a charge with the National Labor Relations Board (NLRB), accusing Local 79 of unfair labor practices that deterred workers from freely servicing the establishments.

“We are disappointed that Construction and General Building Laborers’ Union Local 79 has decided to use ShopRite as the location for its misguided protests, which have nothing to do with us and prompted our formal complaint with the National Labor Relations Board,” said Kevin Mannix, of Mannix Family Markets.

“It is unfortunate that a company as pro-union as ShopRite, which employs thousands of union workers, would come under attack by a sister union,” Mannix continued.

Representatives of Local 79 have blasted the charge of unfair labor practices, which seek to limit the union’s ability to protest using inflatable balloons and bullhorns, as an encroachment on organized laborer’s rights to free speech and demonstration.

“NLRB General Counsel Robb now argues that if a union’s ‘secondary’ message can’t fit on 8.5 by 11 inch pieces of paper, unions can’t deliver it: no speaking, chanting, moving around, setting-up props, using big print on banners or placards, or anything else," said Joseph Vitale of Cohen, Weiss and Simon, LLP, representing Local 79.

ONGOING LABOR DISPUTE

According to a Complaint and Notice of Hearing, acquired by the Advance, to be filed by the NLRB on Thursday, Local 79 has been engaged in an ongoing labor dispute with Kimco Realty Corp. (Kimco) and GTL Construction LLC (GTL) regarding the use of non-union laborers in the construction of The Boulevard, a new shopping center opening on Hylan Boulevard.

Representatives of Local 79 have described the current construction crew as “under-paid, poorly trained, non-union workers... being paid less than prevailing wages and benefits, compared with similar projects in the New York City area."

Wakefern Food Corp., ShopRite’s parent company, has entered into an agreement with Kimco to lease space at the shopping center, with Mannix Family Market entering into a sub-lease with Wakefern to operate a ShopRite store at the location upon completion of construction.

“ShopRite will be a tenant at The Boulevard, along with many other local and national retailers, but is not involved in the construction of the new center, nor do we have any influence over the selection of contractors. Despite that, Local 79 has decided to target our stores with its demonstrations about the new shopping center on a nearly daily basis,” Mannix said.

THE PROTESTS

Over the past three months, Local 79 workers staged various protests at multiple Staten Island ShopRite store locations, also owned by Mannix Family Market, to voice their objection to the current lease agreements which utilize non-union laborers.

On April 29, protestors from Local 79 “erected multiple large inflatable rats adjacent to the entrance of the [Hylan Boulevard] store in support of Respondent’s [Local 79′s] dispute with Kimco and GTL," according to the complaint.

On May 15, protestors from Local 79 returned to the Hylan store, this time erecting one large inflatable rat and one large inflatable cockroach outside the establishment and “engaging in picketing, including blocking the sidewalk, using bullhorns to amplify shouting, distributing handbills, chanting, and blowing whistles," according to the complaint.

According to the complaint, the leaflets being distributed read “SHOP RITE MANNIX SUPERMARKETS TELL KEVIN MANNIX TO MAKE THE RIGHT CHOICE AND PAY AREA STANDARDS WAGES AND BENEFITS TO THE CARPENTERS WORKING AT THE NEW SHOP RITE STORE AT THE BOULEVARD MALL”, “SHOP RITE MANNIX SUPERMARKETS TELL KEVIN TO DO THE RIGHT THING AND PAY AREA STANDARDS AT THE BOULEVARD MALL” and “Shame on you Kevin Mannix!"

On May 20, protestors from Local 79 visited the ShopRite store located on Veterans Road West, again erecting a large inflatable rat, the complaint alleges.

THE COMPLAINT

In response, Mannix Family Markets filed a complaint accusing Local 79 of unfair labor practices that deterred workers from freely servicing the affected ShopRite locations.

“The unions that represent our ShopRite associates – Local 342 and Local 1500 – have requested that Local 79 discontinue this demonstration, but Local 79 has refused to do so. Our customers have also complained to us about these protests,” said Mannix.

“We felt we had no choice but to file a charge with the National Labor Relations Board in reaction to these unfair and misguided tactics being used against our ShopRite stores, which was followed by the National Labor Relations Board issuing a complaint and seeking injunctive relief against Local 79,” Mannix added.

The complaint claims that Local 79 induced or encouraged employees to refuse to handle goods or provide services, in addition to threatening, restraining and coercing employees in an attempt to force Mannix Family Markets to stop doing business with Kimco and GTL.

According to the complaint, the actions of Local 79 are in violation of Section 8(b)(4)(i) and (ii)(B) of the National Labor Relations Act, which deem it unfair labor practices for any labor organization to encourage or induce employees to strike or cease working.

LOCAL 79 RESPONDS

According to Local 79, the NLRB will seek a temporary restraining order to restrict the union from engaging in any “secondary” activity as a form of protest outside of this ShopRite, including the use of inflatable balloons and bullhorns.

“We asked the representative for the General Counsel what conduct they wanted us to stop engaging in, and their answer was everything, except the leaflets,” said Tamir Rosenblum, one of Local 79’s lawyers.

The union claims that the decision could set a dangerous precedent that restricts the free speech and free assembly rights of organized laborers.

“It will be a sad day for our country and for the First Amendment if the Trump administration is allowed to limit the ways in which workers and labor unions can communicate about the problems with our current greed-driven economy and the exploitation of workers on non-union construction sites,” Rosenblum added.

According to the complaint, a hearing will be conducted before an administrative law judge of the National Labor Relations Board on Wednesday, July 24, where representatives from Local 79 will have the right to appear and provide testimony regarding the complaint.

The NLRB did not respond to a request for comment regarding the complaint by the time of publication.