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

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.” 

Protections in Washington State for High-Risk Workers

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:

• Governor Inslee’s modification of the original proclamation (April 8, 2021)

• Governor Inslee’s extension of the proclamation (July 29, 2020) - This extension will be rescinded as of April 23, 2021

• Governor Inslee’s memo clarifying the extension of the proclamation (July 29, 2020) - This memo will be rescinded as of April 23, 2021

• Governor Inslee’s original proclamation protecting high-risk workers (April 13, 2020)

• CDC’s list of conditions that may put you at increased risk for severe illness from COVID-19 (revised March 29, 2021)

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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.

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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)

Letter from Governor to Hospital Admin: Listen to Workers for COVID vaccine rollout

Read the whole letter here:

December 15, 2020

Dear Washington State Hospital Administrators:

I want to thank you for your partnership during the ongoing COVID-19 pandemic. As your hospitals have neared capacity and ICU beds have filled this fall, I am proud of the way our Washington hospitals have worked together to manage the patient load and not let any one hospital become overwhelmed. I am also appreciative of your helpful messaging encouraging people to follow public health guidance around wearing masks, physical distancing, and staying home during the holidays.

With COVID vaccines available imminently, I recognize the challenge of getting the limited available doses distributed to your staff and workers in an expedient, organized, and equitable manner. However, I am confident that this can be done in partnership with the workers in your facilities.

To that end, I strongly encourage you to work closely with the health care workers and their unions in your facilities as you are developing your COVID vaccine distribution and prioritization plan. It is critical that the worker perspective be a part of the discussions, especially because of the important role they play in delivering care in your facilities. The workers on the frontlines of treating confirmed or suspected COVID-19 patients have valuable experience that can be leveraged to make the first phase of vaccine rollout run smoothly.

During this pandemic, we have all relied on each other more, and now more than ever, we need to collaborate to get through these challenging, yet hopeful times. I am confident that our strong health care system can come together to make vaccine distribution among health care workers a success.

I look forward to celebrating our defeat of COVID-19 with you in the not-too-distant future. Very truly yours,

Jay Inslee Governor

September 14 Telephone Town Hall Call with Governor Inslee

Join us for a live telephone town hall call with members from every industry this Monday, September 14, at 6:30 pm. Union leadership will be joined by bargainers and union Reps to help answer questions from Members around workplace safety. Governor Jay Inslee will also join us at the beginning of the call to discuss issues that affect working people, safety concerns, and the State’s response to the COVID pandemic.

Expect a call between 6:30-6:40 to automatically join this call. If your phone number is not up to date with the union or you do not receive the call you can join by dialing 888-652-0381 and using the meeting ID: 5265

Governor Announces Statewide Mask Mandate

Many UFCW 21 members have been wearing masks to work for months already, but the public has not been required to do so. We wear masks to protect our customers, patients, and each other, but we know masks are most effective when everyone is wearing them. That’s why UFCW 21 members have been pushing for the public to be required to wear masks when they visit our workplaces—like stores, pharmacies, and clinics.

This week the governor has listened to essential workers and issued a mandate that everyone wear face coverings when going out in public. We know we had an impact, because members have been demanding this for months and that has been repeatedly passed on to state officials. When we speak up together, we make change. UFCW 21 President Faye Guenther joined Governor Inslee for a press conference announcing this safety proclamation on Tuesday, June 23.

Meanwhile, Fred Meyer, QFC, Safeway, Albertsons, and Haggen have cut hazard pay for front-line grocery store workers. Employers should be implementing hazard pay for all essential workers immediately. Get in touch with your Shop Steward or Union Rep to get involved in actions for hazard pay at your workplace.

Read the Governor’s proclamation about mask-wearing here:

Beginning June 26, every Washingtonian in an indoor public space, or in an outside public space when unable to physically distance from others, will be legally required to wear a face covering…

Members take action, Governor responds with mandated customer limits and other protections

Grocery employers’ failure to enforce social distancing requirements in their workplaces has led to member actions across the state. UFCW 21 has been advocating for stricter limits on customer counts backed by members’ dramatic stories, testimonials, and petitions. Fred Meyer workers have been especially concerned about the issue of customer counts because they say the company’s self-imposed limit of 50% was inadequate to begin with and rarely enforced. 

“We have one of the busiest stores and no one is seeing the customer numbers drop. I make homemade masks for free for my co-workers because I want us safer. The top treats us like numbers instead of people.  We have names, we are important, treat us like we are your family and respect us."  -S., Fred Meyer 

“There needs to be a limit on the customers allowed in the store at a time, masks and gloves should be required, and social distancing enforced.”  -Bella, Fred Meyer 

Governor Jay Inslee has responded to frontline grocery workers’ safety concerns by requiring retail stores to limit customer counts to 30% of maximum occupancy during Phase 2 of the State’s Covid-19 response plan. 

Thanks to workers speaking up, the state’s new rules include: 

• Limiting store occupancy to 30% of maximum building occupancy or lower.

• Distance markers to help maintain 6-foot social distancing in lines both inside and outside the store.

• Conspicuous signage at entrances and throughout the store alerting staff and customers to the required occupancy limits, six-foot physical distancing guidance, and policy on face coverings.

• Sneeze guards or other barriers wherever there’s potential interaction between employees that could be less than 6 feet.

• Frequently cleaning and sanitizing, especially high-touch areas.

• Maintaining minimum six-foot separation between all employees and customers in all interactions at all times.

• When that’s not feasible, they must use other prevention measures such as barriers or staggered breaks and shifts.

• Providing personal protective equipment (PPE) such as gloves, goggles, face shields and face masks as appropriate or required to employees for the activity being performed. 

• Ensuring frequent and adequate hand washing with adequate maintenance of supplies. 

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Read the state’s full guidance here.

If your employer is not following these guidelines, you can report them directly to the State of Washington for violating the governor’s order. 

UFCW 21 Political Director Samantha Grad said the voice of frontline workers was essential in moving the Governor to action: “It only happened because UFCW 21 members were sharing what it’s like in their stores and why it’s dangerous for workers and customers. We are grateful to Governor Inslee for listening to workers and taking action to protect our communities.” 

An open letter to Governor Inslee, Secretary Wiesman, Vice Admiral Bono from Washington's front line Unions

April 1, 2020
RE: COVID-19 Transparency of Response Efforts and Working Conditions

Governor Inslee, Secretary Wiesman, Vice Admiral Bono,

We are writing to thank you for your leadership during this unprecedented crisis and to ask for your help to address a number of ongoing concerns. As unions representing workers who are on the frontlines fighting this pandemic, we are hearing from our members daily about their genuine commitment to serving our communities combined with their very real fears of getting sick, potentially infecting others, and of the critical need for their protection. As you well know, without our health care workers and emergency responders, we will fail to adequately respond in the days ahead.

We ask for your immediate help in the following areas:

1. Personal Protective Equipment and Supplies

Over the last several weeks, we have communicated our request for more transparency in the supply chain of Personal Protective Equipment (PPE) and supplies. We have heard that the state has received some significant shipments of PPE from the Strategic National Stockpile and other sources. Yet, those supplies have not made it into the hands of frontline health care workers and emergency responders.

As the unions representing workers who so desperately need PPE for their own safety, we ask that you provide a weekly report of amount of PPE at the EOC, where it is going, and to whom it is being distributed (down to the facility level). We also ask that you request from the hospitals and health providers under the DOH fourpart triage list a weekly report of PPE on hand.

Those of us representing health care workers are hearing stories from our members of supplies of N-95 masks and other PPE being locked in cabinets rather than provided to those on the frontlines. In the law enforcement community, department leadership is taking PPE supplies from jail facilities to offer some limited resources to officers; other departments are directing supply officers to use “traditional purchasing chains” for needed PPE. Neither of these directives are sustainable or solution oriented. It is critical that we understand the supply chain and where PPE can be utilized by health care workers and first responders now, rather than being saved for later.

2. COVID-19 Testing

Many counties are prioritizing testing of health care workers and first responders; this is both appreciated and appropriate. However, we are not receiving updates from counties or the state on the number of tests provided to health care workers and first responders nor the results of those tests. We ask that you provide more transparency in testing, including a weekly report of a) how long it is taking to receive results, b) how many health care workers/first responders are being tested, and c) the results of those tests (i.e., number of positives and negatives). We also ask that the Governor’s Office inform EMS that first responders must be prioritized for testing, especially those with symptoms or workplace exposure. Test processing for first responders and health care workers should be expedited.

3. Use of Appropriate Leave

As our members are exposed to COVID-19 on the job, there is no system-level response. A standard statewide protocol for exposure response, testing, and quarantine is urgently needed. This should include the use of appropriate leave – frontline responders should not be required to use accrued paid time off, vacation, or sick leave benefits while on quarantine. We ask that a statewide standard for leave be adopted that includes use of paid administrative leave or workers’ compensation with paid administrative leave making up the difference – in each case, when quarantined, isolated, or treated, employees should be kept whole in terms of salary and benefits.

We also ask that the Governor clarify his earlier order regarding L&I claims filed by health care workers and first responders – our members need clarification that the decision to self-quarantine due to workplace exposure without the specific direction of a health care provider or employer administration is allowable. We strongly believe that presumption of workplace illness should be made for health care workers and first responders.

4. Protection of Vulnerable Workers

National COVID-19 guidelines tell us that those in vulnerable categories – those over 60 years of age, pregnant women, and people with underlying health conditions – need to be protected. In a recent press conference, Governor Inslee stated in the strongest terms that workers in these vulnerable categories or those who live with vulnerable people should be allowed to either work from home or take extended leave, continue to be paid, and have their job available to them when this crisis ends. While acknowledging that this policy did not yet carry the force of law, Governor Inslee clearly and unequivocally gave this direction to businesses.

Despite this, many of our members have been told they must remain on the job – including in emergency rooms and Intensive Care Units where the highest volume of COVID-19 patients are treated. Likewise, first responders within fire and law enforcement who fall into the category of vulnerable workers must also be given accommodation during this emergency. We ask that you make clear to our employers that vulnerable workers must be protected through reasonable and safe accommodation or by staying home.

We greatly appreciate our partnership with you during this crisis, and we look forward to working with you to ensure the above concerns are addressed post haste.

Sincerely,

JOINT STATEMENT FROM SEIU HEALTHCARE 1199NW, WASHINGTON STATE NURSES ASSOCIATION AND UFCW 21 ON PROHIBITION OF LARGE EVENTS DURING COVID-19 OUTBREAK

FOR IMMEDIATE RELEASE:
Wed., March 11, 2020

CONTACT:

Amy Clark,
SEIU Healthcare 1199NW
amyc@seiu1199nw.org
425.306.2061

Ruth Schubert,
Washington State Nurses Association
rschubert@wsna.org 
206.713.7884

Sarah Cherin,
UFCW 21
scherin@ufcw21.org
206-436-6580

JOINT STATEMENT FROM SEIU HEALTHCARE 1199NW, WASHINGTON STATE NURSES ASSOCIATION AND UFCW 21 ON PROHIBITION OF LARGE EVENTS DURING COVID-19 OUTBREAK

As nurses and healthcare workers providing essential care to patients in hospitals, clinics, and housing and shelters across Washington state, we applaud Gov. Jay Inslee and the leaders of King, Pierce and Snohomish Counties for taking the necessary step of limiting large gatherings during this stage of the COVID-19 outbreak.

Prohibiting events is a common-sense measure that will help protect our community members from the novel coronavirus.

This measure will also help frontline health care workers and our health care system as a whole effectively respond to this crisis by “flattening the curve” of coronavirus patients seeking care. As health care workers on the front lines of responding to this public health emergency, we support all efforts to reduce the impact on our ability to provide care by lowering the daily number of patients coming into a system that is already stressed by the growing number of COVID-19 patients.

We understand that state and local governments and public health agencies are responding proactively to the existing risks created by this new disease in an effort to minimize those risks and keep our healthcare delivery system accessible to all who may need it.

In our role as caregivers, we are often called on to tell patients the truth about their health. The truth we want our community to hear is this: Social distancing, like that enforced by the measure announced today, is one of the very best ways to prevent the spread of epidemic illness. This temporary change in behavior will help protect all of us from the spread of COVID-19, as well as from cold and flu illnesses common during this time of year.

The most vulnerable COVID-19 patients—those age 60 or older or with underlying health conditions—may need intensive hospital care, and it is essential that we preserve hospital intensive and critical care beds for those most vulnerable patients. Social distancing is a public health measure that will help prevent our health system from being overwhelmed, and will make it easier for anyone with the novel coronavirus to access necessary hospital care.

As nurses and health care workers, we care deeply for our patients and take pride in the roles we play on the front lines of patient care, particularly during a time of heightened concern for community health. Our continued safety during this outbreak is critical to our ability to continue to provide quality patient care. We continue to call on the CDC to proactively and effectively target the supply of respirators and use other controls to reduce the risk of infection in health care workers, knowing that our professionals are at the highest risk of infection. We will continue to work closely with health care employers and with federal and local public health agencies to ensure all caregivers have access to the highest level of personal protective equipment available so we can continue to provide the high-quality health care our communities require.

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About SEIU Healthcare 1199NW
SEIU Healthcare 1199NW is a union of nurses and healthcare workers with over 30,000 caregivers throughout hospitals, clinics, mental health, skilled home health and hospice programs in Washington state and Montana. SEIU Healthcare 1199NW’s mission is to advocate for quality care and good jobs for all.

About WSNA 
WSNA is the leading voice and advocate for nurses in Washington state, providing representation, education and resources that allow nurses to reach their full professional potential and focus on caring for patients. WSNA represents more than 17,000 registered nurses for collective bargaining who provide care in hospitals, clinics, schools and community and public health settings across the state. 

About UFCW 21 
UFCW 21 is working to build a powerful union that fights for economic, political and social justice in our workplaces and our communities. We represent over 45,000 workers in retail, grocery stores, health care, and other industries in Washington state.