The two employees file grievance with union.
By David Wallace/Special to The Malibu Times
Rarely has anything so galvanized Malibuites as the firing in November by Ralphs of longtime cashiers Harry McDermott and Nancy Cicatelli.
The two employees failed to check the ages of a trio of Pepperdine students as they were buying two 12-packs of Miller beer and a bottle of wine. Two, in fact, were underage (18 and 19), and the third was 21.
“These kids came in at least twice or three times a week to buy beer,” Cicatelli said. “We had carded each of them dozens of times before, but didn’t this time because we knew them and it was busy.”
But this time, two investigators from the Department of Alcohol Beverage Control (ABC) were immediately behind them in the cashier’s lines, and caught both underage students as well as citing the cashiers. Cicatelli and McDermott, who had assumed the IDs they had checked so many times before were legal, were immediately fired in accordance with Ralphs’ zero-tolerance policy in such cases, despite long employment (Cicatelli has worked for Ralphs for eight years, McDermott, 25) .
At the time of the incident, Terry O’Neil, Ralphs’ public relations director, explained: “Zero tolerance has been our universal policy for the past couple years. We’ve gotten tougher as the law has gotten tougher. Our cashiers know they are to ask for an ID with every liquor purchase no matter how old the purchaser is, and even the register automatically reminds them to put in an age.”
Since three violations of the law in a three-year period could cause the loss of a store’s liquor license (which costs upward of $100,000 annually), and this incident counts for two violations, the company is understandably cautious.
However, there remains some local hostility toward the retailer dating from 1998 when the very popular Hughes Market occupying the Malibu Colony Shopping Center site was converted to a Ralphs. And recently, when Malibuite Jack Corrodi handed out leaflets in front of the store demanding the rehiring of the fired cashiers, the shopping center’s security chief (at Ralphs request) told him to desist.
Meanwhile, both Cicatelli and McDermott have filed grievances with Local 1442 of the Retail Clerks’ Union.
“As part of our collective bargaining agreement with our employees, they are entitled to an arbitration hearing if they feel they were terminated wrongly,” O’Neil said. “A hearing was scheduled before Christmas but the union cancelled it. We are waiting to hear back from them.”
Any criminal action against Cicatelli and McDermott has been referred to a district attorney’s administrative office hearing, according to Deputy District Attorney Michael Wilson, who added, “The kids who bought the alcohol will go to court.”
And, according to Andrew Benton, president of Pepperdine, the university is anxious to work in tandem with Ralphs to reduce or eliminate such incidents, but is presently stymied by the retailer.
“The firing of two Ralphs employees following their sale of alcohol to under-age Pepperdine students is sad indeed,” Benton said. The university has tried, but was not successful in attempts to meet with Ralphs officials to discuss the matter. Obviously, we would like to work with Ralphs to cooperate on an issue like this.”
Benton continued, “Many people are deeply saddened by what’s happened-both within Pepperdine and the Malibu community as a whole. If the reports are accurate, the students in question broke the law and school regulations, and they are facing consequences from both a court appearance, and second, an appearance before a disciplinary board within the university community.
“Pepperdine is committed to encouraging standards of conduct and behavior that reflect the values of the institution,” he added. “It is something we take very seriously and for that reason, I apologize on behalf of those students. We sincerely regret the unfortunate impact of the incident at Ralphs. We hope members of the local community can appreciate the fact the incident does not reflect the behavior of the vast majority of our students.”
Neither Ralphs, the ABC, the district attorney’s office nor the university would release the names of the students, despite the fact that all are adults. As far as the outcome of the cases and the future of the students, Cicatelli and McDermott, according to one ABC investigator, “This [has] just begun.”