
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, July 23, 1993                   TAG: 9307230097
SECTION: BUSINESS                    PAGE: A-9   EDITION: METRO 
SOURCE: Associated Press
DATELINE: CHARLESTON, S.C.                                LENGTH: Short

FOOD LION STUMBLES IN COURT

Food Lion's lawsuit accusing a union of misusing the courts in attempts to organize the supermarket chain's workers has been dismissed by a federal judge.

U.S. District Judge Falcon Hawkins dismissed the suit Wednesday, saying the South Carolina state court case was preempted by the Federal Labor Relations Act.

In February, the supermarket chain sued the United Food and Commercial Workers in a Greenville, S.C., state court, alleging the union used "economic guerilla tactics," including financing a lawsuit against the company.

That federal class-action suit, brought three years ago by a former Food Lion employee, alleged that the chain based in Salisbury, N.C., had improperly discharged workers before they became fully eligible for profit sharing.

The Food Lion suit said the union "controls, directs and sponsors" the lawsuit even though it does not represent company employees.

It also alleged the union has developed "a corporate campaign strategy which includes its legal department using lawsuits . . . to pressure nonunionized [supermarket] chains to enter into union contracts."

The case was moved from state to federal court in March after Hawkins ruled it interfered with the federal court's jurisdiction.

A union spokesman said Thursday that the suit was an attempt by Food Lion to block the employees from the union's financial support. He said the company was assuming that without the union support, the employees would not be able to continue their suit for lost benefits.

Staff writer Sandra Brown Kelly contributed to this story.

by CNB