JUDGE OKS CHANGES IN SUITS VS. ALBERTSON'S

GREG GATTUSO

BOISE, Idaho -- A federal judge here has ruled that three class-action lawsuits against Albertson's could be amended to include more named plaintiffs, including grocery managers, who were allegedly forced to work off-the-clock.

The United Food and Commercial Workers Union said some grocery managers -- supervisors who hold the No. 2 position in Albertson's stores -- are owed backpay for uncompensated overtime, because they are often required to perform nonsupervisory duties, such as cleaning, after the employees under them have gone home. Previously, only hourly workers were included as plaintiffs.

Albertson's is currently the target of eight class-action lawsuits that allege "off-the-clock" work. The suits have been filed in Idaho, Washington, California, Florida, Nevada, Colorado and New Mexico. Four of the suits are financially supported by the UFCW, said Joe Peterson, a UFCW spokesman.

Mike Read, a spokesman for the chain, said, "Albertson's denies these allegations, just like we have denied all of the previous allegations in these suits. Our employees are paid in full for all of the time they work."

Because a class has not been certified by a judge, Read said it is impossible to know how many employees could be in the class, if they felt they had a case against the chain. Read noted that changes or amendments to complaints are granted liberally in class-action lawsuits.

"This case has gone on for a year and a half, and there still has not been a ruling of substance," he said. "It's still early on."

As of last week, the number of named plaintiffs was 68 current and former Albertson's employees from across the country: 27 from nine states in a nationwide suit in Idaho, 13 in Florida, 14 in California, and 14 in Washington. UFCW spokesman Peterson said many employees fear retaliation or termination if they cooperate with the union's case.

In California, a judge has allowed the plaintiffs to go unnamed in court documents to protect their jobs. Two of the named plaintiffs are John Does who are concerned about losing their jobs, Peterson said.

Peterson said he expects plaintiffs in other states to seek and receive the same protection.

"We hope to get Albertson's to start obeying the law and paying employees what they're due," Peterson told SN. "If there is a settlement, we'll embrace that. But in the meantime, we're preparing to win our case in court."

Albertson's, which is in the process of acquiring Buttrey Food & Drug Stores Co., Great Falls, Mont., last week reported a 6.1% increase in total sales for the four-week period ended March 26. Identical-store sales decreased 1.0% and comparable-store sales (including replacement stores) decreased 0.8% from the similar four-week period last year.

For the eight weeks ended March 26, total sales increased 6.4%; identical-store sales decreased 0.7% and comparable-store sales decreased 0.5% from the similar eight-week period a year ago.