An Administrative Law Judge has ruled in favor of former New Seasons employee Ryan Gaughan, who was fired from the Seven Corners branch in early February after allegedly stealing food from the store’s deli, deeming his firing baseless. Judge Marni Davis came to the conclusion that New Seasons management was unable to prove that Gaughan was involved in employee misconduct, meaning he will now receive unemployment—but not rehiring, an action Gaughan’s supporters, New Seasons Market Workers Voice (NSMWV), are demanding.
- Sarah Mirk
- No Love: Ryan Gaughan at a Valentine’s Day Rally
Davis’ summarized, albeit cloudy, decision: “The employer discharged claimant because he consumed the employer’s product without paying for it. While claimant may not have met the employer’s expectations, the employer failed to establish how claimant should have known that his conduct would not be acceptable to the employer... Claimant showed all the food he planned on purchasing to the cashier and he paid the amount the cashier told him. Claimant testified that sometimes the cashier would charge him for everything on his plate…”
Long and short of it, the cashier intentionally didn’t ring up Gaughan’s food, taking the blame off of him—at least in Davis’ eyes.
While this is a step in the right direction, NSMWV is still petitioning for Gaughan’s rehiring at the Seven Corners store. The group says that the ruling even further convinces them that the firing was more than meets the eye. They see it as a move to silence Gaughan and others’ advocacy for better working conditions at the branch. “Ryan’s termination was a deliberate attempt to silence our voice, and to intimidate our fellow workers,” reads a section of a recent statement from the group. The groups vows to push for his rehiring until its request is met.
This is just like the Frashour case!
Dammit. I shouldn’t have paid for my car. I should have just said that when the salesman gave me the keys and I took off with it that while I may have not met the salesman’s expectations, it wasn’t clear that the dealership didn’t want me to have the car.
New Seasons employees should unionize.
Because unions did so well for other retail stores?
@2: That’s a fucking stupid analogy.
If you loaded a bunch of groceries on the conveyor belt and the cashier didn’t charge you for every one of them, would you rightly expect to be charged with theft later on, if the store decided to selectively study the receipts and surveillance footage of you checking out? The cashier tells you how much you owe and then you pay it — that’s how it works — and there was a longstanding practice of certain lunch items being not charged, which management availed themselves of as well.
It’s funny that those who pontificate here about “theft” are in fact the ones ignorant of the relevant laws here.
Why are people so determined to find bullshit reasons to blame this guy regardless of how clearly all this is explained?
unfortunately they’re going to have to fire the new guy or somebody else to rehire Gaughan
@4 Yeah, exactly, because unions have done a lot of good in other retail workplaces, making it possible to address problems with things like wage equity and disciplinary procedures that management will not address on their own. Or are you gullible enough to believe in a “level playing field” between management and their non-union employees?
What exactly do you think was the force behind the push for safe working conditions, the 8-hour day, an end to legal child labor, the minimum wage, etc. that most people enjoy and take for granted? It was the left wing of organized labor.
extramsg, the point is that the rules have to be applied fairly, not just when you feel like it.
Gee, I can’t imagine why New Seasons wouldn’t hire back the guy who organized a highly publicized media smear campaign and protest outside one of the stores, took them to court , and was attempting to unionize them. Go figure.
Also, let me be clear, the over-whelming majority of New Seasons employees would be wildly opposed to any sort of union.
You’ve got your head up your ass Geyser. This isn’t 1912. Go work for some of the retail company’s that have unions like Safeway and then tell me how great and equitable they are. I’m also willing to bet you’ve never worked at NS before because if you had you’d be chuckling over your comment @7 like I am.
What does 1912 have to do with anything? You bet that if I’d worked at NS, I’d be chuckling at my own comment @7? Why? And I didn’t say union workplaces are always equitable. Having a union is just the first step in that direction.
“Gee, I can’t imagine why New Seasons wouldn’t hire back the guy who … was attempting to unionize them.”
Oh, you admit that one of the the reasons they’re unwilling to hire him back is because he was helping in an effort to get a union (which the law guarantee). Interesting.
“The over-whelming majority of New Seasons employees would be wildly opposed to any sort of union.” Prove it. Your mere assertion of this carries no weight at all.
New Seasons is literally just like Hitler.
This comment thread is gonna be the best/worst.
Blogtown should be pay this Gaughan juicebox some tofu or something.
Geyser, your going to make me get long winded. I worked for NS for 6 years. I know plenty of employees across multiple stores. The prevailing attitude of just about everyone I’ve discussed the prospect of a union and the case of Ryan Gaughan is: no and it’s bullshit.
There are times when unionization is justified. The labor conditions at the turn of the century in the US. Or right now in China. But you need to balance that against the need to be competitive in a free market. The big unions in retail these days are bureaucratic dinosaurs who are more than happy to take dues and do very little with them.
New Seasons is one of the greatest Portland success stories. They have managed to stay local while employing thousands of people and have stayed pretty close to their original mission statement. I’d love to see just how fast a union would fuck that up.
New Seasons offers profit sharing, good benefits, a pay-scale that is higher than any other natural food chain, and the company treats its employees with kid gloves. You really don’t have to work that hard if you don’t want to (I saw it everyday).
Ryan got complacent and was bending a few rules. Everyone does it from time to time. But if you’re stirring up trouble and calling for a union you better tow a pretty straight and narrow line.
Totally agree c&b.
I’ve got a pound of excellent tofu that I would gladly donate to a “Keep Gaughan in the Mercury News” fund. The comment threads on these stories are awesome.
Unions are what caused this country to tank economically. Their usefulness ended many decades ago.
New Seasons shouldn’t have targeted Gaughan, and they should have to hire him back. New Seasons employees should be allowed to unionize if they choose to. Spindles should learn to spell.
“New Seasons is literally just like Hitler.”
Posted by Oregometry
Really? Oregometry is literally just like a used tampon in the middle of a pile of dog shit. You don’t want to look at it, get near it and you have no idea why anyone would be so stupid to do that.
@ 15 that may have been so when NS was still locally owned, but I gather that you haven’t actually worked for them since the Endeavor Capital buyout.
The Republicans and maybe the unions themselves have given unions a bad name in the past, but that’s no reason a bunch of younger employees at NS couldn’t reinvent the union for the 21st century.
@20 Oh I am aware that Endeavor Capital owns a majority of the company, and that Brian and the rest of the Rohter’s left around the same time I did. I have yet to see this capitol firm steer the company in a different or bad direction. Time may tell. But until they join the tapeworm and go public, which they still emphatically say they will not do and I am inclined to believe them, I’m not that concerned.
By the way, what exactly should the slim minority of NS employees who would actually support a union be demanding from one? $25 dollars an hour and massages during breaks? Oh wait, they actually do give out free massages during Thanksgiving and Christmas weeks.
Btw, this headline is incorrect. The ruling didn’t say his dismissal was “wrong” just that he has to be paid unemployment. Rough go for the editors at the Merc these days.
Andy from Beaverton!!!
I love this guy, every comment is like a new Kardashian product!
HEY YOU GUYS!!! YOU’RE NOT QUITE AS STUPID AS THE OREG’S COMMENT SECTION, BUT IF YOU KEEP IT UP, IT’LL HAPPEN!!! I BELIEVE IN YOU!!!
CAN WE START A PRIVATE CLUB FOR JUST THE PEOPLE WHO KNOW WHAT LULZ ARE? I’D INVITE C&B, AND OREGOMETRY.
Chuck’s right. This is an administrative judge ruling on unemployment benefits. The real question about his firing is what the NLRB has to say about this. They would be the ones to determine whether his firing was justified or not.
Alex, can you post the full copy of the ruling?
I’m a current six year employee and I agree with everything Spindles has stated. In regards to a union, my personal opinion is that we have no need to bring in a third party to negotiate the needs of labor and management. We are perfectly capable of doing it ourselves, and we have been doing it ourselves for sometime now. What makes NS a great company to work for is not entirely the policy set by the founders. It is also in part the culture in our communities that we the workers have helped to establish. So listen up here’s the deal. We do not need a beurocratic agency calling itself a “union” telling us what we need and what we can have. Nor will we tolerate discrimination, or threats to our health and safety in an effort to cut labor costs. Everything we have we have worked together to get. And only by supporting each other are we able to keep them. This is not just limited to NS. I support these basic rights for everyone, and I will fight to help you keep them.
Hi, everyone. Lisa Sedlar here, President & CEO of New Seasons Market.
In respect for our staff’s privacy, we do not go into details regarding individual personnel issues, but clearly, there is information that has already been made public by others that we believe should be highlighted and that provides needed clarification and shares facts.
The terminated staff member rejected our offer for binding mediation of his concerns and instead filed a charge with the National Labor Relations Board (NLRB), calling it “the truly impartial venue for the dispute to be heard.” On Friday, March 30, the NLRB dismissed his charge, finding that the termination was in accordance with the National Labor Relations Act and that his charge lacked merit. In particular, the NLRB confirmed that New Seasons Market did not terminate the staff member because of his advocacy on behalf of other workers but did terminate him for misconduct.
The NLRB dismissal letter is public record — you can download it at http://www.nlrb.gov/case/19-CA-07421
We also learned that the Oregon Employment Division has granted him unemployment benefits. While there is clear and ample evidence that theft was committed, the unemployment process is designed to only deny benefits with a very high burden of proof of either a signed confession of theft, criminal conviction, or proof of willful violations or wanton negligence. While we believe this is a very clear case of misconduct and we could appeal based upon willful violations, the outcome of denying him unemployment benefits is not our goal and does not merit filing an appeal.
We appreciate the findings of the NLRB’s independent review and its determination that the termination process was fair and consistent with our long-standing policies and practices. We are deeply committed to being a progressive workplace and have strived for years to earn trust though our actions. We’d like to thank the numerous staff, customers, neighbors and friends who gave us the benefit of the doubt throughout this process.
The correct link to the NLRB dismissal letter is: http://www.nlrb.gov/case/19-CA-074216.
I love how some of you just ignore what a former NS employee has to say, and while you are at it how about you ignore the input of NS CEO. I can tell you that having worked for Fred Meyer (union) and Costco (non Union) there was little to no difference. In fact, nepotism and illegal practices flourished at Fred Meyer, regardless of someones alleged “rights” where as at Costco, management were generally sympathetic towards resolving greivances. I interviewed for New Seasons last year and I had a very pleasant experience. Unfortunately some one else got the position, however they did bother to call me and inform me, which I respected a great deal. I would love to work for this company, as everyone I encountered were both professional and personable. I think some of you just like to argue or try and impress others with you awesome knowledge of civics, or workers rights etc. I am more inclined to listen to current and former employees, and upper management.
The National Labor Relations Board has dismissed this as a non-merit case. A link to the case page, including a .pdf of the dismissal which explains why the case has been dismissed: http://www.nlrb.gov/case/19-CA-074216
Leaving information like this out of their updates only hurts the efforts of NSMWV, and shame on the Mercury for not asking them about it.
Full disclosure: I’m a current NSM employee, hard Left and generally a supporter of organized labor, but I do not support unionization of NSM. Having worked for small businesses and megacorporations, I feel comfortable in saying that NSM is the most conscientious employer I’ve ever had.
The rest of you folks calling for unionization who don’t work for NSM should do some homework before jumping on the bandwagon. You really have no idea what you’re talking about. And for those calling for a boycott, enjoy your pink slime.
WOULD YOU FUCKING ASSHATS STOP USING NSM?!?!?
here have a link: http://www.NSM88.org
Unless you want to be associated with the “Modern” American NAZI Party.
Unless you are ok with that, if that’s the case go right ahead.
this guy is basically the poster-child for “1st World Problems” I’m pretty sure New Seasons treats their customers better than 99.9% of all grocery store chains out there. The 1% of grocery clerks.
As almost any New Seasons employee will tell you, we’re known for leniency, to a fault. I’ve seen management let some worthless people keep their jobs, especially if their existence depended on it or they were too entrenched. “It takes an act of God to get fired from New Seasons” has always been the scuttlebutt.
So yeah, I give my company the benefit of the doubt when it finds some balls to fire entitled douches like this guy.