Sam Dancy has been a union steward and workplace leader for nearly 30 years. Sam has served on the executive board of what was then UFCW Local 21 and, after the merger with Local 1439, he continues to serve on the executive board as a vice president of UFCW 3000. “I try to be a good steward and representative for my coworkers, union, and community,” is how Sam sees his work as a trade union activist.
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UFCW 3000 Press Release
For Immediate Release: May 3, 2023
Contact: Tom Geiger, 206-604-3421
Workers Win Case for Wearing Black Lives Matter Buttons on the Job –
Fred Meyer and QFC (both Kroger-owned stores) Must Allow Workers to Wear Their Buttons
In a clear statement of the rights of workers to wear buttons and other materials such as masks at work, as part of collective, concerted activity, the Administrative Law Judge, from the National Labor Relations Board Division of Judges in San Francisco today ruled in favor of UFCW 3000’s case for workers wearing Black Lives Matter buttons and ruled against Fred Meyer’s attempts to curtail that right.
Finding in favor of the Union’s core argument that the workers’ actions were protected under Federal labor law because racism is a workplace issue, Administrative Law Judge Mara-Louise Anzalone wrote in their decision that, “by collectively displaying the ‘Black Lives Matter’ message on their work uniforms, the employees in this case acted to advance their interest—as employees—to an affirmatively anti-racist, pro-civil rights, and pro-justice workplace.”
The judge’s ruling also struck down the Employers’ overly broad dress codes.
The ALJ’s decision essentially agreed with earlier findings in this case going back to the September of 2022 finding of Region 19 of the National Relations Labor Board (NLRB) that Fred Meyer and QFC violated federal labor law when they prohibited workers from wearing union-sponsored Black Lives Matter buttons. There was a lengthy trial before the ALJ when Kroger refused to reach a settlement agreement. The decision by the ALJ was issued today and is subject to appeal to the NLRB in Washington DC.
Sam Dancy outside of his QFC in the summer of 2020
“It feels good to win again! When we as workers speak out through these buttons and collectively say Black Lives Matter and then QFC and Fred Meyer said to take the buttons off, that was insulting and a violation of the law. We knew all along we had the right to call out social and racial injustice in the workplace and in our neighborhoods and this judge’s decision reiterates that right,” said Sam Dancy a Front End Supervisor at the Westwood Village QFC in West Seattle, WA who has worked for QFC for over 30 years.
UFCW 3000 President Faye Guenther concluded, “It is important that workers’ rights and legal standards be protected. Kroger, the owner QFC and Fred Meyer continues to be a problem and needs to do a better job of hiring and promoting workers who are Black 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 at work and in the community 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 August 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. In September of 2021, Region 19 of the NLRB ruled in favor of the UFCW 3000 grocery store workers. The case was unable to reach a settlement and therefore went to trial in April of 2022 before an Administrative Law Judge (ALJ) who today ruled in the favor of the workers and found Kroger’s Fred Meyer and QFC were in the wrong and had violated the workers’ rights. As a result of the ruling, the workers will be allowed to wear the buttons.
UFCW 3000 represents over 50,000 workers at grocery stores, retail, healthcare, and other industry jobs.
For Immediate Release: September 17, 2021
Contact: Tom Geiger, UFCW 21, 206-604-3421
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.”
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.
For Immediate release: Tuesday, September 22, 2020
Contact: Tom Geiger, UFCW 21, 206-604-3421
Puget Sound-area retail and grocery store workers, with the full backing of their union (UFCW 21), launched a campaign today calling on Kroger-owned Fred Meyer and QFC to reverse the companies’ ban on employees wearing Black Lives Matter buttons at work.
Over recent weeks, management has begun ordering workers to remove “Black Lives Matter” buttons distributed by the UFCW 21.
UFCW 21, the union which represents over 13,000 workers at Puget Sound-area Fred Meyer and QFC stores, says the ban violates workers’ rights under the companies’ union contracts and federal labor law.
This morning, after weeks of attempts to resolve the problem internally, UFCW 21 filed formal grievances with the companies, as well as an unfair labor practice charge under federal labor law.
Everett Fred Meyer worker Shawntia Cunningham, who is Black, explained why she is fighting for her right to wear the button: “I get pulled over by cops for having a nice car to the point that my husband, who is white, has to drive so I can just feel safe. I have been called the ‘N’ word by customers at my store a few times. I need this company to respect us as human beings and to respect our rights as workers. I need Fred Meyer and QFC and all Kroger to see that Black lives really do matter.”
UFCW 21 President Faye Guenther said: “Systemic racism is real and it negatively impacts thousands of our members on the job and in the community. We are proud of our members who are standing up to say ‘Black Lives Matter’ and we will support their right to do so with every tool available to us.”
The campaign is drawing support from area labor and civil rights leaders. Gabriel Prawl, Sr., A. Philip Randolph Institute (APRI) Seattle Chapter President, today called on Fred Meyer and QFC to reconsider the ban on Black Lives Matter and meet with Black workers and community leaders to address “ongoing racist issues in the retail environment.”
April Sims, Secretary Treasurer of the Washington State Labor Council, AFL-CIO offered full support: “Solidarity among working people is the foundation of the labor movement, and these workers are living that commitment by wearing Black Lives Matter buttons. These brave workers are backed by the 550,000-person strong labor movement of Washington state, and we call on these companies to reverse their decision to prioritize the feelings of racists over the humanity of their Black and Brown employees and customers.”
Our union has trained over 1,000 member leaders, your co-workers. These UFCW 21 leaders represent workplaces across the state to help make sure our rights are protected and workers aren’t bullied. The more workers stand together, the more our union will be a force for positive change that can push back against irresponsible and selfish corporations, CEOs, and politicians who use their huge wealth to influence policy.
Injustice, income inequality and racial inequities are still very much a part of daily life in America. While progress has been made, recent headlines show that injustices are still there. Women are paid far less per hour than men for doing the same work. That’s not right. People of color, especially African American youth, are disproportionately put in prison, victims of pollution, discrimination in hiring and police practices, and on and on. Just one example is from Flint, MI where people, disproportionately people of color, have been poisoned by drinking lead contaminated water. That’s not right. A front-runner for the President says that an entire group of people should be refused entry to the United States because of their religion. That’s not right.
Sue Wilmot (Checker, Safeway Bainbridge Island) joined by a MaryAnn Schroeder (Meat Wrapper, Safeway Seattle) right and left of the speaker, take part in a candlelight vigil opposing the growing anti-Muslim rhetoric in our society. Sue and others came together around the memorial site of the Japanese expulsion from Bainbridge as a way to raise awareness of a past time when fear led to hundreds of thousands of people with Japanese ancestry being rounded up and put on trains and jailed. That was not our finest hour as a nation and we today have the responsibility to resist reliving these dangerous decisions.
The good news is that people are standing up and taking action. UFCW members in Flint are coming together to support their community and UFCW 21 members here in Washington are supporting them through donations at our winter General Membership Meetings. UFCW 21 members have been marching in the streets to support Black Lives Matter and pushing against unfair hiring practices.
More good news is that most people in our society agree that injustice, income inequality and racist, sexist, and anti gay/lesbian/transgender policies and speech are bad. Most people in America agree that workers who want a union at work should have one without interference from their employer. However, most people believing something is not enough. People need to take action in order to resist and push back against fear and hatred.
When we take action in a union, we can make change for the good. When we work together to organize workplaces and achieve strong contracts that are enforced we improve lives. When we advocate for new and improved laws and take collective action with our community partners we can make things better for everyone. When we commit to action, we move our workplaces and communities away from fear and intolerance and toward economic, political and social justice. That is the mission of UFCW 21.
We are the Union. The members of UFCW 3000 are over 50,000 members working in grocery, retail, health care, meat packing, cannabis, & other industries across Washington state, north-east Oregon, and northern Idaho. UFCW 3000 is a chartered member of UFCW International with over 1.4 million workers in North America.
To build a powerful Union that fights for economic, political and social justice in our workplaces and in our communities.
