Ramos

BACKGROUND

The following facts are undisputed:

Ramos held the position of courtesy clerk or "bagger" at the Ralphs store in Del

Mar, California, from 1996 until February 2006, when he was promoted to merchandise

clerk. During his employment, Ramos was a member of the United Food and

Commercial Workers Union, Local 135. Ramos was again promoted in December 2006

to the position of food clerk, which is the position he held at the time of his termination in

March 2009. When Ramos received each promotion, he was told it was to increase his

salary, but that he was to remain a bagger because of his popularity with customers.

In late 2008 and early 2009, Ralphs faced a company-wide issue with union

All statutory references are to the Government Code unless otherwise indicated.

Ramos does not challenge on appeal the judgment in favor of Welker or the adjudication of his race/national origin claim in respondents' favor. 2 employees working out of their job classifications. Specifically, many union employees

were performing job duties in job categories that paid less than their assigned job

classification. That is, instead of receiving the pay rate for the job…