Ruling on retention pleases Calif. grocers

SACRAMENTO, Calif. The California Grocers Association said it is pleased with the tentative ruling that finds Los Angeles' Grocery Retention Ordinance to be void.

The ruling, issued Wednesday by Judge Ralph Dau of the Los Angeles Superior Court, found that the ordinance conflicts with statewide food safety and food handler laws and as such is preempted by the California Retail Food Code. In addition, the ruling found that the ordinance's discrimination between grocery stores based on size and on whether they have a collective bargaining agreement with a union are impermissible distinctions and thus violate the equal protection guarantees of the state and federal Constitutions.

According to the California Grocers Association, the ordinance is the first attempt in the nation to require a certain class of supermarket retailers to retain workers when a store changes ownership. This decision will become the final decision of the trial court unless any party raises controverted issues or proposes modifications by Nov. 5. 

"We are pleased with Judge Dau's tentative ruling. Since the Grocery Worker Retention Ordinance has been in effect, sales of grocery stores from one operator to another in the City of Los Angeles have ceased," said Peter Larkin, president of the California Grocers Association. "Stopping the growth of new retail in the city demonstrates the first of many harmful impacts this law will have on city residents. We have believed all along that the ordinance is unlawful and unenforceable because it is preempted by federal labor relations laws, violates the equal protection rights of employers, conflicts with state food-related health and safety laws, and improperly dictates rules of employment. We look forward to a final ruling from the Court."