Providence Sacred Heart Service and Maintenance FAQ about ULP strike

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As you may know, there is scheduled to be a strike at Sacred Heart next week. This Unfair Labor Practice strike is over the Providence Sacred Heart Technical Unit Collective Bargaining Agreement and Providence committing several unfair labor practices that include making changes in the workplace without first negotiating and skirting the bargaining process by attempting to direct deal and coerce staff. This strike does NOT include the Service and Maintenance agreement. There has been some confusion due to emails Providence Sacred Heart management has sent that did not specify which departments are going on strike. All Technical staff will be out on a ULP strike beginning at 2pm on Monday, April 22, and continuing until 8:30pm on Tuesday, April 30.

There are questions around what Services and Maintenance staff should expect when the strike happens. Here are some common questions we have been asked.

Do I cross the Picket line?

Service and Maintenance employees are required to work their regularly scheduled shifts during the time that the technical staff are on strike per Article 13 of your contract. Service and Maintenance staff should not join the strike line while on lunches or breaks. If you would like to support the strike lines on your own personal non-work time, your fellow UFCW 3000 members in the Technical unit would really appreciate the show of solidarity!

How can we show solidarity while at work?

You should wear UFCW 3000 buttons and solidarity stickers, and blue or yellow scrubs. Get creative and please wear them each day! One of the most important things you can do is to share stories about what is happening in the hospital. Please keep your Union Rep informed on what is happening and if there are any stories that could make strikers feel empowered. Our job during the strike is to show solidarity- both visually and with our actions. If management instructs you to remove your buttons and/or stickers, you should comply with their request but report the incident to your Union Rep.

Can I be asked to do work outside of my normal duties?

One of the most powerful things you can do to affirm your scope of work is question and object to improper assignments that are changes to your normal working conditions. You also have a responsibility to provide good patient care and make sure no person is harmed. If management asks us to do something that you are uncomfortable with, is unsafe, or outside of our normal responsibilities- you have the right to object and state why.

Objections can include any personal reason that you feel strongly about- including your licensure, patient safety, insufficient training, or that it’s not in your job description. You have the right to push back and encourage managers and replacement workers to do the additional tasks asked of you. However, you only refuse a task if it is an abnormally dangerous assignment.

You have the right to object- but if you refuse it may be considered insubordination. Your job is to object on why an assignment is improper, and if management insists on you doing the work, you should comply, document the scenario, and call our Union Rep if you have questions. If you feel unequipped or unsafe for any reason, report it to your Union Rep as well.

Scheduling, Overtime, Low Census, and all other provisions of our contracts remain in effect and should be adhered to. Please refer to your Union contract: ufcw3000.org/contracts

Do I have to come in on my days off and work extra shifts/hours?

No, after the schedule is posted, changes to the schedule can only be made with mutual consent. Out of support for your fellow UFCW 3000 members we ask that you consider not picking up any extra shifts.

7.8 Schedule Posting. Work schedules of shifts and days off (including call schedules) for a six (6) week period will be posted three (3) weeks in advance. After posting, the schedule may only be changed by mutual consent.

Can I be forced to take PTO or furloughed without pay?

Management may ask for volunteers to take unpaid time off or to use educational time– deciding to do so is up to you. They must continue to follow the Low Census process that is in your contract.

What else can we do to help?

Invite your family and friends to join the Techs on the strike line! Also, If you are not working at the time, you are invited to join Technical staff and community allies at an evening solidarity rally on Wednesday, April 24, at 7pm over in Cowley Park (next to the hospital at 7th & Division St.)

If you have any questions or concerns on the Service and Maintenance contract, please contact Union Representative Lenaya Wilhelm, 360-409-0556.

Find all the latest Union updates in one place: UFCW3000.org/strike >>

Governor Signs Worker Protection Bill Championed by UFCW 3000 Grocery Store Workers into Law

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OLYMPIA, WA – This morning, Governor Inslee signed into law Senate Bill 6007, a bill intended to protect grocery store workers and communities from the negative impacts of corporate megamergers in the grocery industry. Drafted in response to the news that grocery giants Kroger (owner of Fred Meyer and QFC) and Albertsons/Safeway are threatening to merge into one huge company, ESSB 6007 saw enormous support from local Washington grocery store workers and community allies, who advocated throughout the legislative session for its passage. 

“As I explained to legislators, we’ve already learned the hard way through past grocery chain mergers about the upheaval it causes for workers and shoppers when these chains merge and close or sell off neighborhood grocery stores,” said Yasmin Ashur, a UFCW 3000 member and checker at the Port Orchard Albertsons who testified in support of the bill and was on hand to see the governor sign it today. “We saw it in Port Orchard with the Albertsons/Safeway merger not that long ago. I am so proud to say I stood up with my fellow workers and helped pass legislation that will help protect our jobs.” 

This new legislation puts in place basic guidelines for large grocery stores when they change hands, like in an acquisition or merger, to ensure that essential food workers’ lives and our communities’ access to food and household necessities are not thrown into chaos. It requires public notice of new ownership, a period of job protection or re-hire for eligible current employees, protection of current working conditions and collective bargaining agreements, and mandatory engagement with local government if a merger would cause the closure of a store in an existing food desert. 

“The difference between unemployment caused by a pandemic and job loss caused by corporate buyouts is that the potential harm of a merger is foreseeable,” said Britt Leggett, a UFCW 3000 member and deli clerk at the Fred Meyer in the Ballard neighborhood of Seattle who also testified in support of the bill and attended the bill signing today. “That’s what this legislation seeks to remediate: to help workers keep their jobs and seniority when their stores changes owners. The law also ensures that constituents will be served by grocery workers who they know well, who have the skills to do their jobs, and follow the health rules to keep food safe.” 

Hundreds of grocery store workers with UFCW 3000 across the state sent messages to lawmakers encouraging the passage of SB 6007, and some traveled to Olympia to meet lawmakers in person.  

“It’s a big sacrifice for everyday working people to take time out of their busy lives to try and engage with the local political process,” said Joe Mizrahi, Secretary Treasurer of UFCW 3000. “But being in a union means we can share the load, work together, and make real change that impacts entire industries.” 

Know your Rights! Providence Meal Waiver

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UFCW 3000 is working with Providence to address the Meal Waiver situation. We consider the language in the meal waiver to be a direct negotiation with employees since Providence is asking you to waive rights outlined in our contracts. We want to ensure that you receive appropriate compensation for missed or late meal periods and that your contract is not negatively impacted.

For shifts of 11 hours or more: If your shift length is 11 hours or more, you are entitled to two 30-minute meal periods. If you are currently only receiving one 30-minute meal period and have not waived your second meal period, you may be entitled to compensation. Additionally, the employer may extend your shift based on the language in the CBA and past practices in order to accommodate your second meal period.

It is your right to waive the second meal period, but you may miss out on overtime pay for missing your second meal period if you choose to waive it. While we recommend not waiving your second meal period, the decision to do so is ultimately yours.

We will be holding a Zoom meeting on Monday, February 5, from 6 - 7 pm for all Providence members to ask questions about the meal waiver. Join the meeting at that time by clicking here:

In the meantime, if you have any questions, please reach out to your union rep:

  • Anthony Cantu (Providence Everett RNs): 206-436-6566

  • Jack Crow (Providence Everett Pros and Techs): 206-436-6614

  • Madison Derksema (Providence St. Peter, Providence Radiant Care, and Providence Centralia): 206-436-6603

  • Lenaya Wilhelm (Providence Holy Family and Sacred Heart): 509-340-7369

  • Juanita Quezada (Providence Sacred Heart Techs and Providence St. Mary): 509-340-7407

  • Amy Radcliff (Providence Mt. Carmel and St. Joseph): 509-340-7370

Health Care Rest Breaks & Meal Periods: Know Your Rights and Your Contract

Shift Length Rest Breaks Meal Period
4-5 hour shift 10 min* x1 0
8-hour shift 10 min* x2 30 min x1
10-hour shift 10 min* x2 30 min x1
12-hour shift 10 min* x3 30 min x2
16-hour shift 10 min* x4 30 min x2

*10 minutes is the WA State minimum. If your contract bargaining agreement (CBA) states 15 minutes, you should receive 15-minute rest breaks

  • You must receive a paid rest break for every four (4) hours worked.

  • You cannot waive your right to a rest break.

Meal Period: Your right to a meal period

A meal period cannot be substituted for breaks: Any employee who works more than four (4) hours gets their breaks as outlined above, and any scheduled meal period.

You are entitled to a 30-minute uninterrupted meal period when working more than five hours. The first meal period must be between the second and fifth hour worked. If you work 11 hours or more during the day, you must receive a second meal period no later than five (5) hours after the end of your first meal period.

Interrupted Mealtime: If you are required to stay on duty during a meal break you are still entitled to 30 total minutes of mealtime, excluding interruptions, plus 30 minutes of pay. Time spent performing the work task is not considered part of the meal period. The entire meal period must be paid no matter the number of interruptions. For example, if you received a 30-minute meal break but had to answer your work phone throughout then you should be paid 30 minutes for your meal period and receive a total of 30 minutes (non-consecutive) mealtime. 

Late Mealtime: If you are not given time to have a 30-minute mealtime, you must be paid for your time worked plus 30 minutes. Paying employees 30 minutes for the meal period does not absolve the employer’s responsibility to give you a late 30-minute unpaid mealtime when practicable.

The above is a general guideline to meal periods and rest breaks. For more in-depth information please contact your union representative OR download the Health Care Guide to Meal and Rest Breaks >>

Relevant Laws:

Your Rights During Flooding and Extreme Weather Events

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Once again UFCW 3000 members and communities are facing some extreme fall and winter weather, including recent flooding. It is important to remember that if you, your family, or your coworkers have been affected by extreme weather, you have rights at work, resources through your union, and the support of your community.

Important rights and resources for UFCW 3000 members if your workplace, home, or transportation routes are flooded or evacuated:

  1. Just cause protections at work: With a union contract, you have “just cause” protection, meaning you should not be disciplined at work for reasonably having to deal with a circumstance outside of your control like a flood that affects your home, work, or commute to work

    • Be clear in communicating with your employer if you are unable to report to work on time or at all due to flooding or other extreme weather

    • Make sure to invoke your right to union representation if you are called into a meeting that could lead to discipline (we call these “Weingarten Rights,” read more here)

  2. The right to a safe workplace: If you feel unsafe at work, report any safety concerns to your worksite safety committee & management right away, and get support from your Shop Steward and/or Union Rep if your concerns are not addressed

  3. Union resources: If your home or work is affected by flooding or extreme weather and financial assistance would help, speak with your Union Rep about the UFCW 3000 Membership Assistance Fund

  4. Mutual aid: As union members, we know standing together and supporting each other is how we really make a difference. If you have ideas for ways to connect with or support fellow UFCW 3000 members in need, talk to a Shop Steward and/or your Union Rep for help with organizing

Extreme weather is dangerous in our workplaces and our communities, which is why UFCW 3000 members, including our Climate Justice Advisory Board, work for climate policies that will help protect us and our future health.

Why we strike: Q and A

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A strike isn't just a halt in our work; it's a collective stand for our rights and the well-being of our patients. According to federal law, we have the right to strike, but we must give the hospital a 10-day notice to ensure patient care isn't compromised.

The prospect of a strike isn't just a last resort; it's a powerful tool that can drive change. It forces Providence to reconsider its stance and acknowledge our proposals. The mere threat of a strike can be as influential as the strike itself, but for it to be effective, we must show that we are united and ready to take action.

The initial step involves voting for strike authorization, allowing our nurse bargaining team to initiate a strike. Throughout negotiations, our team assesses the strike's potential impact. There might be instances where a strike is averted as our team deems a ratifiable contract agreement achievable. Strikes fall into two categories: economic and unfair labor practice (ULP). Economic strikes center around concerns like wage increases proposed by the Employer. In contrast, ULP strikes address issues such as the Employer's involvement in unfair labor practices, such as bargaining in bad faith.

The strike's main goal is to pressure the Employer to accept our proposals. In an economic strike, we stay on strike until a tentative contract agreement is achieved. Then, we resume work and vote on the agreement. During a ULP strike, we strike for a designated period. In both situations we will ask to engage in ongoing contract negotiations with the aim of securing a tentative agreement, and subsequently resume work and then hold a vote on the agreement.

Having an updated email, cell phone, and address is vital to making sure you receive updates and vote notices. Your address on file is where the Union will mail Strike benefit checks.

Make sure your contact information is updated with the Union! >>

FREQUENTLY ASKED QUESTIONS

WILL I RECEIVE PAY WHILE ON STRIKE?

The Executive Board of UFCW 3000 will vote on strike benefits for nurses who take part in strike duty. Strike benefits will not fully replace our wages but will help. They have approved strike benefits of $500 for nurses, members and non-members, who picket a minimum 20 hours a week. Our Union also has a hardship fund to assist members whose families face particularly difficult financial situations. Additionally, food assistance and other financial assistance may be available through community organizations and other unions. Notify your creditors prior to falling behind. Communicate your situation and explore options for reduced payments or refinancing. Prioritize your expenses, placing essentials like mortgage/ rent, utilities, insurance, car payments, gas, child support, and alimony at the top.

WHAT IF THE EMPLOYER LOCKS US OUT?

If the employer chooses to lockout nurses they have to lockout all nurses including non-union members. Workers locked out by their employers are generally eligible for unemployment benefits. The Employment Security Department will determine eligibility for unemployment benefits on a case by case basis.

WILL I STILL HAVE HEALTHCARE BENEFITS DURING THE STRIKE?

There is a lag month under your insurance plan that would keep your insurance through the end of the month.

HOW LONG WOULD A STRIKE LAST?

The duration of a strike is a strategic decision made by the bargaining team. The 10-day notice given to the Employer would likely be for a 3 or 5 day ULP Strike. The key to a successful strike is a united work force and support from our allies and the patients in the community.

I AM A REPRESENTED BY UFCW 3000, DO I HAVE TO STRIKE? HOW MANY WORKERS WILL IT TAKE FOR A STRIKE TO BE EFFECTIVE?

A large active picket line is vital to a successful strike. Every nurse needs to participate—members of UFCW 3000 or not—to prevent the facility from operating as usual. The more nurses we have out on the line, the harder it is for people to cross it. Being at the picket is also the best way to get the latest information on how the strike is going and to show the community that healthcare workers are united in the strike.

WHAT IF I CHOOSE NOT TO STRIKE? WHAT ARE THE CONSEQUENCES OF CROSSING THE PICKET LINE?

There are no sanctions imposed on nurses who cross the picket line or choose not to strike. Crossing a picket line will undermine our attempts as nurses to provide a better framework for the future growth of our profession and achieve our negotiating goals. It also erodes the camaraderie in the workplace, prolongs the strike, and negatively impacts our efforts to work as a team once the strike is settled.

WILL I BE REQUIRED TO NOTIFY MY MANIGER IF I DECIDE TO STRIKE?

No, you will not be required to individually notify your manager. Our Union will be providing strike notice to the Hospital if our bargaining committee decides to invoke a strike. If you feel compelled to give them an answer tell them, “Yes I will be striking and standing with my bargaining team’s decision to strike.”

You have the right to enforce your Collective Bargaining Agreement (CBA)

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You have the right to enforce your Collective Bargaining Agreement (CBA)

As a member of UFCW 3000 you have the right to enforce your Collective Bargaining Agreement (CBA). Your CBA is a legally binding agreement between your Union and the Employer.

Read More

UFCW 3000 Members overwhelmingly approve dues restructure

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UFCW 3000 Members attending summer general membership meetings August 28 – 31, 2023 overwhelmingly approved, through casting of secret ballot, changes to UFCW 3000’s dues structure at meetings held in:  

Washington: Aberdeen. Bellevue, Bellingham, Centralia, Chelan, Clarkston, Colville, Des Moines, Ellensburg, Everett, Forks, Grand Coulee, Richland, Lynnwood, Moses Lake, Mount Vernon, Newport, Oak Harbor, Olympia, Okanogan, Port Angeles, Port Townsend, Seattle, Silverdale, Spokane, Tacoma, Toppenish, Walla Walla, Wenatchee, Yakima. Oregon: Baker City, Hermiston, Island City, Pendleton. Idaho: Coeur d’Alene. 

APPROVED DUES STRUCTURE CHANGES  

Effective October 1, 2023 Dues (Except as otherwise noted or as soon as administratively possible.)  

1. Initiation fees, New Member meeting credits, Direct Bill Administrative fee, and any other items not addressed below shall remain unchanged.   

2. Minimum Dues rates for all industries and job classifications shall be the Constitutional minimum.  

3. Transfer fee (This is an administrative fee for an incoming member with a withdrawal from another non UFCW union in lieu of an initiation fee.) shall be $60.  

4. ALL JOB CLASSIFICATIONS ON PERCENT OF SALARY DUES RATES  

Dues shall remain at 1.55% of monthly gross income, except that no member shall have a dues rate above $80. Effective January 1, 2024, dues shall remain at 1.55% of monthly gross income, except that no member shall have a dues rate above $85. Effective October 1, 2024, Dues shall remain at 1.55% of monthly gross income, except that no member shall have a dues rate above $90. 

There are a small number of employers that are unable to process a percent of salary dues rate. For these employers, dues are calculated based on the 1.55% of monthly gross income and charged as a fixed dues rate. These dues will mimic the dues rate schedule listed above. 

5. ALL JOB CLASSIFICATIONS ON FIXED DUES RATES 

The over 70 dues rates in our current structure shall be simplified to 6 fixed dues rates. This shall provide administrative ease, clarity, and fairness so that members in the same classifications have the same dues rates.   

This consolidation of dues rates shall result in some members receiving a dues decrease, some shall remain the same, and some will have a modest increase. 

FOR FORMER 1439 GROCERY MEMBERS AND PCC MEMBERS:  The effective date of the updated dues structure shall be upon contract ratification or at the latest October 1, 2024.  

Below is the updated dues rate table of job classifications with a fixed dues rate. Any job classification not listed on the dues rate table shall be moved to the closest dues code to their current classification and/or current dues rate. 

 Codes EMPLOYERS/JOB CLASSIFICATION/APPENDIX New Rate
 1 BASE- Helper Clerk/ Courtesy Clerk/ Garment/ Laundry/Retail/ Drug Store  Constitutional Minimum*
 2 Grocery Appendix B/C/Barista/ClickList/Fulfillment/Floral/Service Center Clerk/HBC/Video/Photo/ Grocery Office (NON All-Purpose Clerk) / Seafood Service Counter/Cannabis/Meat and Seafood Processing/ Oversea Casing   $37.50 
 3 Grocery Appendix A/ Meat Wrapper/ CCK/ Meat Warehouse/ Seafood Manager/ All-Purpose Clerk/ Grocery Pharmacy Tech A/ Twin City Foods   $53.50 
 4 Meat Cutter/ Meat Manager/ Meat Utility/ Independent Owner Operators   $60.50 
 5 Fred Meyer General Merchandise/ QFC Broadway Market Home   $35.00 
 6 Reduced Dues Rate: Seasonal/Part Time/ High School/ Special Needs   $24.00
   * The current Constitutional Minimum is at $32.08  

Email dues@ufcw3000.org with any questions on the dues structure or questions on where you specifically fall within the structure. 

Downtown Dog Lounge - I have the right to wear this bandana!

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I have the right to wear this bandana!

I am protected by the National Labor Relations Act to engage in concerted activity with my coworkers, including wearing union insignias or paraphernalia.

Under Section 7 of the NLRA, I have “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining”

Under Section 8(a)(1) of the NLRA, it is an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the NLRA.

Unsafe work requirements: Questions & Answers

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UNSAFE WORK ASSIGNMENT Q & A

During the COVID-19 crisis workers have been encountering situations that may be considered unsafe work assignments. In the normal day-to-day operations at work, workers are generally required to comply with management orders and directives. Complying with management directives is considered part of your job duties and not doing so can lead to discipline. Employees covered under a Union contract should usually "obey now, and grieve later." But situations might be different when you are being asked to do something unsafe. 

The following Q & A addresses a specific exception to the general rule that employees must obey orders and grieve them later.

If you are being asked to do something unsafe at work, you should call your Union Rep (call 1-800-732-1188 to be connected) or the Member Resource Center (1-866-210-3000). Due to the high volume of calls we are receiving you may be directed to voicemail, but someone will reach out to you as soon as they can. You can also email safety concerns to safetyreport@ufcw3000.org

*If you are not a member of UFCW 3000 and need support, contact us!

Q:  I've been asked to perform a work assignment that I feel will threaten my personal safety and expose me to serious bodily harm.  Does my Union contract provide any protections for me?

A:  Because you are covered by a Union contract the answer is yes.  Your Union contract includes a just cause provision.  In this situation, just cause means you should not be disciplined for refusing to obey an unreasonable order.  An order to perform a work assignment that is likely to cause serious bodily harm to an employee is not reasonable.  To be covered by this exception, your fear of bodily harm must be objectively reasonable and not speculative.

Q:  Are there any specific laws that offer protection to workers who are asked to perform unsafe work assignments?

A:  Yes, there are state and federal laws that provide additional or separate protections.  One example is OSHA (click here to read an OSHA summary).

Q:  What should I say to my employer if asked to perform a work assignment that is likely to cause me serious bodily harm?

A:  It is always best to try to work with management to solve the problem.  For example, you should explain to management why you feel the work assignment is unsafe or dangerous so that your employer has an opportunity to problem solve.  You can also tell your supervisor you would be happy to accept the work assignment if it can be made safe to perform i.e., by providing you with adequate equipment or protective devices, adequate supplies, protective clothing, additional staffing, etc.     

Q:  Should I leave work if my employer insists that I perform the unsafe work assignment?

A:  No, under most circumstances, you should stay on site and remain available to work safe assignments.  If management sends you home, asks to meet with you to investigate the situation, or issues you any discipline, you should contact your union rep or the rep of the day immediately.

UFCW 3000 Podcast Episode 6: Honey, Listen! …To the Rest of Kristina’s Story

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Kristina was Michaela’s first interview here on the podcast, but they didn’t get to the full story of Kristina’s union journey. What happens when you become a full-time union rep? And what if it doesn’t work out like you planned? Kristina talks about her time as a union rep, why it was not actually a great fit for her, and how it impacted her returning to work as an even more educated and empowered shop steward.

UFCW 3000 union shop steward Michaela is always ready to answer fellow members’ questions about their union. She’s also a devoted murder podcast listener. Put those interests together, and she decided to start a union podcast to get all her coworkers’ questions and her own questions answered, and to meet as many people as possible who could share what it means to be a part of UFCW 3000. (No murder on this podcast, only solidarity!)

*The information shared on this podcast is offered by rank and file union member leaders of UFCW 3000. There may be inaccuracies or misstatements shared, as members will be speaking from the lenses of their perspectives and life experiences. While members are doing their best to share good information, we can make no claims to 100% accuracy and this podcast should not be construed as legal advice.

UFCW 3000 Podcast Episode 4: Apprenticeships—or, WeTrain You on How to Pick Your Steak and Advance Your Career

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How can your union further your career? What is a union apprenticeship? What's our union doing to create more high-paying and safer jobs in our industries? Michaela talks to fellow UFCW 3000 member Indy about his experience with the union meat cutting apprenticeship program, and then talks to Evan and Andy about the apprenticeship and the new WeTrain workforce development organization.

UFCW 3000 union shop steward Michaela is always ready to answer fellow members’ questions about their union. She’s also a devoted murder podcast listener. Put those interests together, and she decided to start a union podcast to get all her coworkers’ questions and her own questions answered, and to meet as many people as possible who could share what it means to be a part of UFCW 3000. (No murder on this podcast, only solidarity!)

*The information shared on this podcast is offered by rank and file union member leaders of UFCW 3000. There may be inaccuracies or misstatements shared, as members will be speaking from the lenses of their perspectives and life experiences. While members are doing their best to share good information, we can make no claims to 100% accuracy and this podcast should not be construed as legal advice.

UFCW 300 Podcast Episode 2: Creating Unity Across State Lines with Member Alison

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What can you do to support fellow workers organizing their union? UFCW 3000 member and podcast host Michaela speaks with fellow UFCW 3000 member and health care worker Alison about supporting other workers when they want to organize a union, even if they’re in another state—and especially if they work for your same employer. Bonus intro chat with UFCW 3000 organizer Emma about what’s so fun about organizing.

UFCW 3000 union shop steward Michaela is always ready to answer fellow members’ questions about their union. She’s also a devoted murder podcast listener. Put those interests together, and she decided to start a union podcast to get all her coworkers’ questions and her own questions answered, and to meet as many people as possible who could share what it means to be a part of UFCW 3000. (No murder on this podcast, only solidarity!)

*The information shared on this podcast is offered by rank and file union member leaders of UFCW 3000. There may be inaccuracies or misstatements shared, as members will be speaking from the lenses of their perspectives and life experiences. While members are doing their best to share good information, we can make no claims to 100% accuracy and this podcast should not be construed as legal advice.

UFCW 3000 Podcast Episode 1: Union Basics

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UFCW 3000 member and first-time podcast host Michaela introduces herself, her union, and why she decided to make a podcast about it. To answer the questions she hears most frequently from coworkers, she talks to friend and fellow member Kristina about how Kristina got involved in her union and what she’s learned about our rights on the job, union power, the benefits of being union, and more.

UFCW 3000 union shop steward Michaela is always ready to answer fellow members’ questions about their union. She’s also a devoted murder podcast listener. Put those interests together, and she decided to start a union podcast to get all her coworkers’ questions and her own questions answered, and to meet as many people as possible who could share what it means to be a part of UFCW 3000. (No murder on this podcast, only solidarity!)

*The information shared on this podcast is offered by rank and file union member leaders of UFCW 3000. There may be inaccuracies or misstatements shared, as members will be speaking from the lenses of their perspectives and life experiences. While members are doing their best to share good information, we can make no claims to 100% accuracy and this podcast should not be construed as legal advice.

Get the 411 on our 401k - information session

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Get the 411 on our 401k

Western Employee Benefit 401(k) Basics and Q&A

Join us for this informative session and get answers to your questions about retirement and learn more about the 401(k)-retirement we bargained into our union contract.

Wednesday October 19 at 6pm.

UFCW 3000 offices 23040 Pacific Highway S. Des Moines WA, 98198

Talk to your Steward or Union Rep if you want to attend!

Wildfire and Smoke Information for Workers

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As our state faces wildfire season, wildfires and wildfire smoke may affect us in the workplace and at home. Below are important things to know to stay safe and enforce your rights at work. Here are the most important actions to care for yourself and your coworkers during wildfire season:

  1. Report any safety concerns to your worksite safety committee & management right away, and get support from your Shop Steward and/or Union Rep if your concerns are not addressed

  2. Get accommodations if needed and exercise your rights—use your sick leave if you become unwell; speak with a health care provider and use FMLA or exercise your disability rights under the ADA if you have a health condition that makes you vulnerable to wildfire smoke

  3. If your home or work is affected by wildfire and financial assistance would help, speak with your Union Rep about the UFCW 3000 Membership Assistance Fund

L&I Emergency Rule for 2022 Wildfire Season

L&I has adopted an emergency rule again this year, effective June 15 through September 29, 2022, to protect workers who may be exposed to wildfire smoke on the job.

This rule requires covered employers to:

  • Have a written wildfire smoke response plan.

  • Determine employee smoke exposure levels before work and periodically during each shift when smoke is present.

  • Train employees on wildfire smoke hazards.

  • Train supervisors on how to respond to health issues caused by wildfire smoke.

  • Inform employees of available protective measures against wildfire smoke.

Further requirements will depend on the level of smoke in the air, or the Air Quality Index (AQI)—read the summary or full emergency rules above for information, or talk with your Shop Steward or Union Rep.

Your employer may or may not be covered by the emergency rule depending on the potential for exposure to smoke in your workplace. But you should still report smoke-related safety concerns to your employer and alert your Shop Steward or Union Rep if your concerns are not addressed. The state L&I website reminds us:

“Employers are never allowed to retaliate against an employee for reporting an air quality hazard, an adverse health effect, or for seeking medical treatment due to a work-related illness or injury.”

Workplace Safety for Wildfire Smoke

You have the right to a safe workplace, and if wildfire smoke makes your workplace unhealthy for you, you should be able to address that with your employer and get support from your Shop Steward and/or Union Rep.

Masks

  • You can wear a respirator mask at work that helps protect you against wildfire smoke.

  • Most masks we wear to protect against COVID-19 do not actually protect against wildfire smoke. The right mask to protect against wildfire smoke is an N95 mask or other respirator with the same or higher level of protection. These respirator masks should have two straps and the word “NIOSH” and/or “N95” or “N100” printed on it. More information on respirators from L&I >>

Exposure to smoke

  • When the air is smoky, your employer should allow workers to follow basic steps that will help prevent excessive exposure to wildfire smoke—that could include things like reassigning workers to less smoky areas or allowing for extra rest and water breaks away from smoky work areas.

Medical Leave and Accommodations

  • If you or a family member gets sick because of wildfire smoke, you have the right to use Paid Sick & Safe Leave for illness

  • You may also be able to use your Paid Sick & Safe Leave if your child’s school or place of care, or your worksite has been shut down by a public official due to health-related reasons resulting from exposure to wildfire smoke

  • If you are vulnerable to smoky air due to an existing medical condition, talk to your health care provider about your workplace and see if they have recommendations for how to keep you safe from smoke exposure. Use FMLA if needed, or exercise your disability rights under the ADA.

Your Rights During Wildfires

If your workplace, home, or family are evacuated, burned, or otherwise affected by active wildfires:

With a union contract, you have “just cause” protection, meaning you should not be disciplined at work for reasonably having to deal with a circumstance outside of your control like a wildfire that affects your home, work, or commute to work

Safety and Workers' Rights in Extreme Heat Situations

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More and more, we face hazardous weather events like extreme heat that can affect us at work and at home. In dangerously hot conditions you can take action to stay safe and healthy, like drinking plenty of fluids, staying out of the sun, checking on vulnerable people, and taking extra precautions when outside.

Under the Occupational Safety and Health Act (OSHA), employers have a duty to protect workers from recognized serious hazards in the workplace, including heat-related hazards. Especially if you work outside, be aware of your health and safety during any Excessive Heat Warning, and check in with your coworkers. If your workplace doesn’t feel safe, tell management and contact your Shop Steward or Union Rep as soon as you can. Find our FAQ on refusing unsafe work assignments here.

This kind of extreme weather is dangerous in our workplaces and our communities, which is why UFCW 3000 members work for climate policies that will help protect us and our future health.

Contact Us:

Check National Weather Service Excessive Heat Warnings in Washington:

Extreme Heat at Work

OSHA has three basic recommendations for safety in extreme heat are: 💧 water, 🪑 rest, and ⛱️ shade.

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest, and shade.

  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.

  • Plan for emergencies and train workers on prevention.

  • Monitor workers for signs of illness.

If you perform work outdoors for more than 15 minutes in a 60-minute period, you may be considered an Outdoor Worker in Washington, and your employer may have responsibilities to you under Washington State’s emergency heat exposure rules effective through June 15, 2022. When temperatures are at or above 89 degrees, employers must provide outdoor workers with cool water and additional paid cool-down rest time, and when the temperature is at or above 100 degrees, employers must also provide other ways to cool down like a shaded area and ensure you have a paid cool-down rest period of at least 10 minutes every two hours.

Safety & Heat-Related Illnesses Information

Heat illness can be very serious. Learn the symptoms of heat illness and basic safety recommendations so you can stay safe at work and home.

Information from Washington State Dept. of Health:

 

Information from King County Public Health:

Basic HEAT Safety Tips:

  • Spend more time in air-conditioned places if possible

  • Dress in lightweight clothing

  • Drink plenty of water and avoid drinks with caffeine, alcohol, and large amounts of sugar—sip frequently, don’t wait until you’re thirsty

  • Do not leave children or pets unattended in vehicles under any circumstances

  • Reduce activities that are tiring or take a lot of energy

  • When outside, limit the time you’re in direct sunlight

  • Do outdoor activities in the cooler morning and evening hours

  • During outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks in shaded or air conditioned environments

  • Anyone overcome by heat should be moved to a cool and shaded location. Heat stroke is an emergency! Call 9 11.

Learn the signs of heat-related illnesses:

Heat Stroke

WHAT TO LOOK FOR:

  • High body temperature (103°F or higher)

  • Hot, red, dry, or damp skin

  • Fast, strong pulse

  • Headache

  • Dizziness

  • Nausea

  • Confusion

  • Losing consciousness (passing out)

WHAT TO DO

  • Call 911 right away—heat stroke is a medical emergency

  • Move the person to a cooler place

  • Help lower the person’s temperature with cool cloths or a cool bath

  • Do not give the person anything to drink

Heat Exhaustion

WHAT TO LOOK FOR:

  • Heavy sweating

  • Cold, pale, and clammy skin

  • Fast, weak pulse

  • Nausea or vomiting

  • Muscle cramps

  • Tiredness or weakness

  • Dizziness

  • Headache

  • Fainting (passing out)

WHAT TO DO:

  • Move to a cool place

  • Loosen your clothes

  • Put cool, wet cloths on your body or take a cool bath

  • Sip water

  • Get medical help right away if:

    • You are throwing up

    • Your symptoms get worse

    • Your symptoms last longer than 1 hour

Heat Cramps

WHAT TO DO:

  • Stop physical activity and move to a cool place

  • Drink water or a sports drink

  • Wait for cramps to go away before you do any more physical activity

  • Get medical help right away if:

    • Cramps last longer than 1 hour

    • You’re on a low-sodium diet

    • You have heart problems

WHAT TO LOOK FOR:

  • Heavy sweating during intense exercise

  • Muscle pain or spasms

Sound Retirement Plan Update: Pension Plan Benefits Secured

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Great news for your retirement benefits. We wanted to share some fabulous news: after more than a decade of work, as of July 1, 2021, we have secured our retirement plans and their future funding is more solid than it has been in a very long time.

What is a retirement pension? We all hope to retire after a lifetime of work with enough income to live with dignity and some degree of independence. While relatively few people these days have a monthly pension that is paid for life, it is something that we have been able to keep in place for our union grocery store workers. A solid retirement plan is made up of many sources: personal savings, Social Security and retirement/pensions and investments. Your retirement pension from your work at the grocery store is one of these sources.

This path to secure our retirement benefits under the Sound Retirement Trust (SRT) required many steps for the employers and the unions and over the last year we have continued to push forward along that path. Some of you may be near retirement after decades of work while others may have started at the grocery store in just the last few years. Whatever your situation, your pension is one of the most important ways to have income when you retire. Your employer begins making payments into your pension when you are hired, and you become vested in the pension plan typically after just 5 years of work in the stores.

While grocery store workers have successfully fought to keep our pensions under the SRT, for nearly twenty years it has had funding problems caused by two large economic crashes (in 2000 and 2008) and long-term changes in the industry. In 2019 our union bargaining team secured a tentative agreement to turn that around and members approved that plan at vote meetings. We have been working hard ever since to move through all the steps to implement this approved agreement. On July 1, 2021, we completed the final step to secure the pension funding.

How the Sound Retirement Trust Becomes Fully Funded:

As a result of our pension agreements and the changes described below, the SRT will become what is called “Green Zone” status and will stay in the green zone for the foreseeable future.

Under the 2019 bargaining, three changes were made to help secure your retirement benefits:

For Kroger Employees:

• All the benefit liabilities for all benefits earned for your work before July 1, 2021, under the SRT will be transferred to the UFCW Consolidated Fund. Kroger will contribute to the Consolidated Fund to pay for all of these liabilities within 7 years.

• When you retire, your pension benefits for your work before July 1, 2021, will be paid by the UFCW Consolidated Pension Fund.

For Other Employees:

• The current SRT will remain in place and continue to be funded for your work before July 1, 2021. The SRT will continue to get a regular contribution from your employer for every hour you work in the future.

• When you retire, your pension benefits for your work before July 1, 2021, will be paid by the SRT.

• For All Employees under 2019 Bargain:

• Future retirement benefits for your work on and after July 1, 2021 will be in one new fund called the Sound Variable Annuity Pension Plan (VAP).

• The Sound VAP will continue to get a regular contribution from your employer for every hour you work. The Sound VAP is sending you a notice about how the VAP works. Below are some basic rules about the VAP. When you retire, your will receive one check for your work before July 1, 2021 (from SRT or Consolidated Fund) and one check from the VAP.

Finally, all of your service credited and covered employment under the SRT and the VAP are counted under the other plan for all eligibility provisions. This ensures that you do not lose vesting or become ineligible for benefits under the SRT as a result of these changes. This includes eligibility for benefit options and the time periods for applying and determining qualification for a pension or disability benefit, participation and vesting purposes.

How the VAP System Works:

In the past, large or drastic declines in the stock market where the pension investments were made, resulted in reductions in the value of the SRT’s funding and reduction to the early retirement and other benefits. To help insulate grocery store workers’ future benefits from these drastic swings, the Variable Annuity Plan (VAP) is structured with a built-in safety mechanism so the benefits provided will track the VAP funding levels.

When the VAP’s investments in the stock market are doing well, and there are returns of over 8.5%, that extra money is required to go into the rainy-day fund reserve account, called a stabilization reserve. In a year where the returns from the pension plan’s investment drops below 2%, the benefits paid under the VAP are shored up with money from this stabilization reserve. The stabilization reserve also will be funded with an additional $15 million in 2022.

The “variable” part of the plan comes into effect with the returns are between 2% and 8.5%. For returns that are between 2 % to 5.5%, there can be adjustments downward in benefits. For years with returns greater than 5.5% up to 8.5%, there can be adjustment upwards. With these safeguards and adjustments, the VAP should stay fully funded in all market conditions and the benefits increase over time as wages increase. Long term, returns are expected to be at or over 5.5%.

Freeing Up Time and Money to Negotiate Wage Increases:

In 2019 and prior contract negotiations, months of time and effort were spent to negotiate agreements for tens of millions of dollars to try to address pension funding. While we will still need to negotiate contribution rates from the employer each bargain, with a healthy SRT and the security of the VAP, it is anticipated that the SRT and the VAP should not be underfunded again. And because we continue to manage our Health and Wellness Plan so well, we hope to maintain the Health Plan with no changes and no increased costs.

Now that we have successfully addressed the pension and health benefits, we can take the time and energy of the bargaining team with the employer representatives and focus on the member’s top priorities: 1st and foremost increased wages, and also look to other improvements in the contract for training, staffing and additional ways to improve the workplace.

The amount someone gets at retirement depends on many things. If you have a question about your specific pension benefits, when you are vested, or other topics, please call our grocery store workers’ retirement plan administrator, Zenith, at 206-282-4500 or 800-225-7620, press option 2, then press option 3.

Grocery Store Workers Have Right to Wear Black Lives Matter Buttons

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For Immediate Release: September 17, 2021
Contact: Tom Geiger, UFCW 21, 206-604-3421

Grocery Store Workers Have Right to Wear Black Lives Matter Buttons

National Labor Relations Board Tells Kroger’s QFC and Fred Meyer to Reach Settlement or Change Policy

2020 Black Lives Matter Button UFCW locals and Teamsters and SEUI and WSNA.jpg

Seattle, WA -- Region 19 of the National Labor Relations Board has informed UFCW 21 of its finding that Fred Meyer and QFC – both Kroger companies – violated federal labor law when it prohibited workers from wearing union-sponsored Black Lives Matter buttons.

Specifically, Region 19 found merit in UFCW 21’s charges that Kroger violated the law by: 1) failing to bargain with the Union over a change in workplace conditions – in this case the practice of allowing the wearing of buttons at work; and 2) prohibiting workers from taking action together – in this case, by wearing Black Lives Matter messages – to protest racism in the workplace and in society, generally.

Region 19 will now seek a settlement agreement with Kroger, which would likely require a change to company policy. If a settlement cannot be reached, Region 19 would typically issue a formal complaint and a trial would be held before an Administrative Law Judge, whose ruling would be subject to an appeal to the NLRB in Washington D.C.

“This is very uplifting. When workers were trying to speak out through these buttons and collectively say Black Lives Matter and Kroger said to take the buttons off, that was an insult. This decision is welcome news in our work to bring attention to social and racial injustice in the workplace and in our neighborhoods”, said Sam Dancy a Front End Supervisor at the Westwood Village QFC in West Seattle, WA.

Motoko Kusanagi, a Front End Checker at the University Village QFC in Seattle reacted, “We wore the pins because it seemed like the right thing to do. My coworkers showed me their pins happily, letting me know they stood in solidarity with me and my family. One of the core values of the store is inclusion, so we did not think “Black Lives Matter” was a radical statement for this business. The amount of pushback we received for such a small showing of support still sits wrong with me to this day. I’m glad we could fight back.”

UFCW 21 President Faye Guenther concluded, “In the wake of this welcome action by the NLRB, we are calling on Kroger to respect workers’ rights and take meaningful steps to address racial inequities in Kroger workplaces. Among other things, Kroger needs to do a better job of hiring and promoting African Americans at every level of the company and making it clear that it will not tolerate racism from customers or employees.”

Background

After Minneapolis police officer Derek Chauvin murdered George Floyd on May 25, 2020, many UFCW 21 members working in grocery and retail stores chose to express their opposition to racism by wearing face masks (otherwise worn for protection from COVID) or other items bearing the Black Lives Matter slogan.

Although Kroger issued public statements expressing sympathy with the Black Lives Matter movement, managers at Kroger-owned stores in Western Washington started ordering UFCW 21 members to remove Black Lives Matter masks in June 2020.

 UFCW 21 responded to the company’s Black Lives Matter ban by collaborating with Fred Meyer and QFC workers to distribute union-sponsored Black Lives Matter buttons with the UFCW 21 logo. When managers banned the Union buttons, UFCW 21 filed charges with the National Labor Relations Board. Kroger’s ban and the Union response received widespread local and national attention.

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UFCW 21 represents over 46,000 workers at grocery stores, retail, health care and other industry jobs.

 

More Information on COVID-19 Vaccination Requirements for Health Care Workers in Washington

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The Department of Health has issued a document with more information and Frequently Asked Questions about the state proclamation requiring health care workers and public employees to be vaccinated against COVID-19. We maintain our right to bargain over the impacts of this proclamation on health care workers and we continue to support vaccination as a key tool in fighting the spread of COVID-19 which is once again stressing our health care system to the limit. If you have any questions about how this proclamation affects you that aren’t answered by these documents, contact your Shop Steward or Union Rep.

Frequently Asked Questions

Find the full FAQ document from the Washington State Department of Health here.

What documentation do I need to provide to prove my vaccination status?

If you work in a health care setting, you must provide proof of full vaccination against COVID-19 to the operator of that health care setting. Acceptable proof includes one of the following:

  • CDC COVID-19 Vaccination Record Card or photo of the card

  • Documentation of vaccination from a health care provider or electronic health record

  • State Immunization Information System record

  • WA State Certificate of COVID-19 Vaccination from MyIRmobile.com

Can I attest to being vaccinated in lieu of showing proof?

No. Personal attestation is not an acceptable form of verification of COVID-19 vaccination.

Is there any way to opt out of vaccination?

If you are entitled under applicable law to a disability-related reasonable accommodation or sincerely held religious belief accommodation, then you are exempt from the proclamation. If you are not entitled to an accommodation, then there is no way for a Health Care Provider to opt out of the vaccination requirement in the proclamation.

What happens if I can’t get the vaccine because I was infected with COVID-19 just prior to starting work?

If you are unable to comply with the requirement to be fully vaccinated by October 18 because (a) you were infected with COVID-19 in the weeks immediately preceding the deadline or (b) you had an adverse reaction to the first dose of the vaccine, talk the operator of the health care setting where you are working about their reasonable accommodation process.

Do private employers have to bargain with their unions since this is a government requirement?

Affected employers with workers represented by a union are to address the impacts of this proclamation in accordance with the provisions of any collective bargaining agreement between the parties.

Protections in Washington State for High-Risk Workers

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NEW April 8, 2021: The proclamation protecting high-risk workers has been updated in the face of increased vaccination of Washington’s population, the length of the COVID-19 pandemic, and updates to the CDC’s categories of at-risk people. The information on this page has been updated to reflect the new modifications to these protections.

Governor Inslee has issued and extended a proclamation protecting working people who may be at higher risk for serious illness or complications from COVID-19. This proclamation is in effect through the end of Washington’s state of emergency, or until otherwise amended or rescinded. There is no set date for the expiration of these protections.

Workers who are covered by this proclamation are called “high risk employees,” and the term means anyone defined by the Centers for Disease Control as being more likely to get severely ill from COVID-19, as outlined on the CDC’s website listing risk factors and medical conditions that current science says may make someone more likely be hospitalized, need intensive care, require a ventilator to breathe, or even die if they were to contract COVID-19. Click the button below for the CDC’s list of these conditions.

In Washington State, your employer is required to provide accommodations to you at work that protect you from risk of exposure to COVID-19 if you are a high-risk employee and you request accommodations. These accommodations can include, but are not limited to: 

  • telework

  • alternative or remote work locations 

  • reassignment 

  • social distancing measures 

If your employer determines that an alternative work arrangement is not feasible for you, they must permit you to use all your available accrued leave options or unemployment insurance, in any sequence and at your discretion, and they cannot retaliate against you for doing so. If you use up your paid time off, your employer still cannot permanently replace you at work for exercising your rights under this proclamation.

Effective April 23, 2021, your employer can require medical verification to confirm you are covered under these protections. According to the Governor’s new order, they are required to follow the same interactive process required by state and federal disability laws, which means you should have a reasonable amount of time to respond. You or your employer can start the process of providing medical verification as soon as April 9, 2021, but your employer can’t mandate that you start this process before April 23, 2021.

Also effective April 23, 2021, your employer does not have to maintain your employer-related health insurance benefits unless you are otherwise eligible for Family Medical Leave Act (FMLA) status or an extension of your benefits is covered by your contract or other condition of employment.

If your employer wishes to terminate your health benefits or change your alternative work arrangement, they must give 14 days notice in writing. They are still required to utilize all available options for alternative work assignments to protect you from exposure to COVID-19 if you are a high-risk worker and you request protections. These protections are in effect for both public- and private-sector workers. There are no exceptions.

If you would like to exercise your rights under this proclamation, and your employer doesn’t allow you to do so, connect with your Union Rep for help.

UNEMPLOYMENT ELIGIBILITY

Worker successfully made the case for some updates to our state’s unemployment insurance system, and that has included making high-risk workers’ eligibility for unemployment insurance during public health emergencies like the COVID-19 pandemic part of state law. Thank you to the workers who fought for these protections and the lawmakers who listened. Read more about this state law here.

As of April 4, 2021, an unemployed person who has left work voluntarily and is high risk or lives with someone who is high risk is eligible for unemployment benefits in our state. Speak with your Union Rep to discuss your options for workplace accommodations that will protect you and unemployment insurance benefits if you are on leave.

Scroll down for a list of answers to Frequently Asked Questions on our state’s high-risk worker protections and a list of health conditions that may put you at higher risk for serious COVID-19 complications.

Further Reading:

Frequently Asked Questions About High-Risk Worker Protections

You can find the state’s answers to Frequently Asked Questions, updated to reflect the changes made in April 2021, by clicking here.

Are health care workers, essential workers, or any other category of workers excluded from these protections?

No. There are no exclusions. Regardless of your job, if your health care provider determines you are a high-risk employee, your employer must offer you accommodations and protections under this proclamation.

What kind of verification do i need to provide to my employer to show that I am a high-risk employee?

Your employer can require medical verification from a health care provider who assesses your medical condition, vaccination status, and the circumstances of your job or workplace to determine whether you are high risk and whether you can return to the workplace with additional accommodations to protect you from exposure. If your employer is not accepting documentation you think is sufficient, contact your Union Rep for support.

Can my employer contact my doctor or health care provider without my permission?

No. Providing your employer with documentation of your status as a high-risk employee does not give a health care provider the right to share further information about your health with your employer, unless you have given them explicit permission to do so. (If you signed a document releasing your medical information, check carefully to see what it allows your provider to share.) Sharing medical information without your consent could be a violation of the Health Insurance Portability and Accountability Act (HIPAA), and if it happens you should contact your Union Rep to determine next steps that protect your privacy and your right to accommodations.

If my employer offers accommodations that I don’t think are good enough to keep me safe, do I have to accept them anyway?

No, you have a say in what accommodations are safe for you. The governor’s proclamation says decisions about this “cannot be left solely to the employer.” Again, if your employer is not offering acceptable accommodations, talk to your Union Rep.

My employer wants me to telework, but I would rather take leave. Can I do that?

You may be able to choose leave instead of telework, but it’s not a guarantee. You should request what you think is safe and fair, and get support from your Union Rep to make it happen if your employer refuses to accommodate you. The state has asked employers to be flexible with employees and respect requests for leave, and gives you a say in what you consider safe. Your employer may be able to argue that telework is appropriate.

can my employer force me to return to work if i am vaccinated, or because i have been working from home or on leave for a certain period of time?

If your medical provider has verified that you are a high-risk employee and should not return to the workplace, your employer cannot require you to return by threatening to terminate your position, and they must continue to provide you with accommodations that protect you against exposure to COVID-19.

What kinds of paid leave can I use if my employer can’t protect me from exposure at work?

You can use any accrued leave you have, including vacation, sick, compensatory time, exchange time, personal holiday, or federal Emergency Paid Sick Leave. You can also use Unemployment Insurance during your time away from work, even though your employer is not allowed to permanently replace you.

How do I use Unemployment Insurance for this purpose?

When you file for unemployment, your employer should provide the state’s Employment Security Department with appropriate documentation to support your unemployment claim. If you need help applying for unemployment, contact your Union Rep or get in touch with our partners at the Unemployment Law Project.

Do I have to use all my accrued leave first before filing for unemployment?

No. Under this proclamation, workers in high-risk categories are allowed to use accrued leave or unemployment insurance in any order and at your discretion. Your employer cannot force you to use up your accrued leave before you file for unemployment.

CDC List of Potentially Higher-Risk Conditions

The CDC has altered the way they categorize the risk factors and medical conditions that can put people at increased risk for severe illness if they were to contract COVID-19. There is no longer a distinction between “at increased risk” or “might be at increased risk.” Instead, they list all health conditions or health histories that current science says may contribute to a person’s higher risk of COVID complications, and they provide links to the science they rely on to make these decisions. The CDC list is regularly updated, and includes a link at the top of the page so you can see the last time they made an edit to their list. As of April 13, 2021, here are some of the health conditions that are included:

  • Cancer or a history of cancer

  • Chronic lung or kidney disease

  • Dementia or other neurological conditions

  • Diabetes

  • Down syndrome

  • Heart conditions

  • HIV

  • Weakened immune system (being immunocompromised)

  • Liver disease

  • Body Mass Index over 25 (being overweight or obese)

  • Pregnancy

  • Sickle cell disease or thalassemia

  • Being a current or former smoker

  • Solid organ or blood stem cell transplant

  • Stroke or cerebrovascular disease

  • Substance use disorders (such as alcohol, opioid, or cocaine use disorder)