Attorneys for grocery chain argue against certification of class

Eight complaints filed on behalf of more than 70 employees in six states accuse the Boise-based company of requiring them to work overtime without pay and discouraging them from reporting injuries.

Labor representatives contend that is only the tip of the iceberg.

"We have shown a pattern and practice of off-the-clock work," Richard Blumberg, an attorney for the United Food and Commercial Workers Union, said. "Thousands and thousands of employees have worked off the clock."

Albertson's has steadfastly denied the allegations.

U.S. District Judge B. Lynn Winmill is considering whether to certify the claims, which all have been moved to his court, as a class action. A decision is expected by late November.

Albertson's contends the union has failed to show a pattern that might apply broadly to the company's employees. But Blumberg said a survey of employees reveals that supervisors often assign tasks they know will require working more hours than scheduled.

"They tell employees there are no excuses to work overtime, then draw up daily demands that can't be met," Blumberg said.

He also claimed a bonus policy awarding bonuses to managers based on their store's profitability results in pressure on employees to work overtime.

Attorneys for Albertson's conceded none of those points and argued against consolidating the cases as a class action, citing differences in state standards for awarding punitive damages and inconsistent overtime wage laws.

They also said a single trial could not account for overtime differences in certain cases, such as when an employee voluntarily works overtime for a promotion or raise.

Besides whether to certify the case as a class action, Winmill is considering an Albertson's motion asking him to dismiss key parts of the complaints filed on behalf of employees in Idaho, California, Washington, Florida, Nevada and New Mexico.

On Thursday, he granted a union request to add allegations that Albertson's illegally reduced employees' service credit for retirement by not acknowledging overtime worked.

The company also lost a ruling before a panel of the 9th U.S. Circuit Court of Appeals that would have required unionized workers to take their complaints to arbitration instead of court.

Albertson's operates 967 stores in 25 Western, Midwestern and Southern states. It is in the process of buying Salt Lake City-based American Stores Co. in a deal that will create the nation's largest supermarket chain, with more than 2,470 stores in 37 states.

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