The U.S. Supreme Court on January 23, 2012, denied a Petition for Certiorari filed by the Pacific Legal Foundation on behalf of the California Grocers Association (CGA) that challenged the legality of the City of Los Angeles’ Grocery Worker Retention Ordinance.

The ordinance requires grocery companies that acquire an existing grocery store location to retain the employees of the predecessor company in certain circumstances. CGA had originally filed a lawsuit in 2006 against the City of Los Angeles to overturn the ordinance. Two lower courts ruled in favor of CGA stating the ordinance was preempted by existing federal authority over labor-management relations.

Last July, the California Supreme Court reversed those decisions concluding that federal labor law does not give an employer the absolute right to choose its employees, and does not prevent state and local governments from regulating hiring and firing decisions.

In November, the Pacific Legal Foundation was retained by CGA to petition the U.S. Supreme Court for review of the California high court’s ruling. PLF argued that compelling retention of employees after a new owner acquired a store would violate the new owner’s negotiating rights under federal labor law by potentially binding the employer in an unwanted relationship with an individual employee and their union.

“We are very disappointed with the U.S. Supreme Court’s decision denying review of our case,” said CGA President Ronald Fong. “Despite the Court’s decision, I am confident the Association did the right thing in challenging this very damaging ordinance.”

Three other cities, San Francisco, Gardena and Santa Monica have passed similar ordinances.

The court denied review without comment.

CGA and the CGA Educational Foundation will have new mission statements if approved by their governing boards in the coming months. A cross section of CGA members met last week to develop the statements. Included in the committee were representatives from both the CGA Board of Directors and the CGAEF Board of Trustees.

The goal according to CGA President Ron Fong was to create mission statements that better reflect the Association’s and Foundation’s evolving direction and focus.

“I was very impressed by the level of engagement by our committee participants,” said Fong said. “They drove the entire development of both mission statements.”

CGA’s Convention Committee met January 24 to develop the program for the 2012 CGA Strategic Conference, Sept. 30 – Oct. 2 at the Palm Springs Convention Center. The annual grocery gathering returns to California for the first time since 1996.

“We’re excited to bring the show back to California this year,” said CGA President Ron Fong. “We’re equally excited to build on the tremendous momentum that came out of last year’s show. This will definitely be a ‘can’t miss’ event for anyone doing business in California.”

Committee discussion topics included additional educational offerings, enhanced networking events and expanded sponsorship opportunities.

The California Grocers Association on Dec. 28, 2011, filed a petition for writ of mandate to stay a California Alcoholic Beverage Control Industry Advisory that attempts to provide guidance in complying with a new state law to regulate alcoholic beverage sales at assisted self-checkout terminals.

CGA claims the Advisory is inconsistent with the statute, unenforceable, and in violation of the California Administrative Procedure Act (APA).

The new law, Business and Professions Code Section 23394.7, takes effect January 1, 2012. The law provides that “no privileges under an off-sale license shall be exercised by the licensee at any customer-operated checkout stand located on the licensee’s physical premises.”

“The Advisory attempts to provide grocery retailers guidance on how to comply with the new law, by defining one of the law’s key provisions. But the definition is vague and the Advisory is an illegal underground regulation,” said CGA President Ron Fong. “The Advisory is as unclear as the law itself. To protect our members, CGA was forced to file this writ.”

Rather than issue this Advisory, Fong said, the ABC should follow standard procedure and promulgate regulations through the APA.

“We strongly disagree with the ABC’s attempted interpretation of the new law,” Fong said, adding CGA met with ABC officials to discuss the new law. “What was discussed in our meetings was significantly different than the Industry Advisory released last week.”

CGA filed the writ in the California Third District Court of Appeal. In addition to requesting the advisory be withdrawn, CGA requested the Court immediately issue an alternative writ of mandate that stays the effectiveness of the advisory pending a final ruling by the Court.

Jonathan Mayes, Senior Vice President of Public Affairs, Government Relations, Corporate Social Responsibility and Philanthropy for Safeway Inc., was elected the 2011-2012 California Grocers Association Chairman of the Board of Directors at its Annual Meeting on Dec. 2, 2011.

As Chairman, Mayes will oversee the Association’s numerous legislative, educational and industry related programs. CGA is comprised of more than 400 retail companies operating more than 6,000 stores in California and Nevada. The chair serves for one year. He succeeds Immediate Past Chair Jim Amen, President and CEO of Super A Foods, Inc., City of Commerce, CA.

“Jonathan’s considerable government relations knowledge coupled with his industry experience will be a tremendous asset as the Association continues to expand its presence in the Capitol,” said CGA President and CEO Ronald K. Fong.

In addition to Mayes, the following individuals were elected to the 2011-2012 CGA Board of Directors Executive Committee: First Vice Chair, Kevin Davis, Bristol Farms; Second Vice Chair, John Quinn, Food 4 Less (Stockton)/Times Supermarkets; Treasurer, Mary Kasper, Fresh & Easy Neighborhood Market; Secretary, Kevin Konkel, Raley’s; and Past Chair, Jim Amen, Super A Foods, Inc.

This year’s Chairman’s appointments to the Executive Committee include: Dave Jones, Kellogg Company, Mike Read, WinCo Foods, Inc.; and Dora Wong, Coca-Cola Company. Wong was also elected for a second three-year term.

Directors elected for their first full three-year term include: John Eagan, Costco Wholesale; Rick Fry, Cardenas Markets; Ric Hamacher, Bimbo Bakeries, USA; Dave Huettl, Albertsons/ SUPERVALU; Frank Jimenez, The Hershey Company; John Kok, Procter & Gamble; Dan Meyer, Stater Bros. Markets; Phil Miller, C&S Wholesale Grocers; John Parke, E&J Gallo Winery; Harish Solanki, Big Saver Foods, Inc.; and Mike Stamper, Nestle DSD.

Former Chairman of the Board George Frahm, Stater Bros. Markets, was nominated an Honorary Board Member.

The California Grocers Association is pleased to announce the hiring of Sarah Paulson Sheehy as Director, Local Government Relations, Southern California, effective November 29, 2011.

In this position, Sheehy is responsible for CGA’s local government advocacy and outreach for the Southern California region. In addition, she will research and analyze ordinances and regulatory proposals, draft advocacy plans and messages and communicate with elected officials and regulatory staff, and member companies. Sheehy will also serve as CGA’s representative in Southern California on many Association issues. Her office is located in Burbank, CA.

Sheehy joins CGA after three plus years at Cerrell Associates, a Los Angeles-based lobbying and consulting firm, where she was responsible for media relations and communications, advocacy, and grassroots development for a variety of clients.

Additionally, Sheehy has worked for public and private entities including Miramax Films, the Los Angeles Unified School District and Shallman Communications, one of the foremost campaign consulting firms in Southern California. She holds a Master’s Degree in Public Policy from the UCLA School of Public Affairs.

“CGA is very fortunate to have someone with Sarah’s experience and expertise join our government relations team,” said Keri Askew Bailey, CGA Vice President, Government Relations. “Her experience both in the public and private sectors will be tremendous assets and will greatly assist strengthening our advocacy program in Southern California.”

Sheehy replaces Matthew Dodson who recently accepted a position as Vice President for the California Shopping Cart Retrieval Corp., also based in Burbank, CA.