Providence Meal Waiver and Shift Length Changes

UFCW 3000 has filed an unfair labor practice charge against all Providence hospitals for implementing shift length changes and not bargaining to an impasse with us over the meal waiver. Additionally, we have filed grievances since Providence changed work schedules without the caregivers' consent and have not been paying members for missed or late second meal periods.

Given Providence's decision to proceed with extending shift lengths, we advise 10-hour and 12-hour shift workers to carefully consider their options. You may choose to accept an extended shift with two meal periods or opt to waive the second meal period and retain your current shift length. If you opt to waive the second meal period, you retain the right to revoke this decision at any time through your core leader. However, we strongly advise against waiving the timing of your meal period, as you are entitled to 30 minutes of pay for late meal periods.

*"Question 1) I am voluntarily requesting to waive my second unpaid meal period if I am entitled to one." *

Recommendation: ACCEPT means your shift length will remain the same or DECLINE means your shift will be extended, and you will receive two meal periods as a 10-hour and 12-hour shift worker.

*"Question 2) I am voluntarily requesting to take my unpaid meal periods at a time that may not be within a two-to-five-hour block of work." *

Recommendation: DECLINE means if your meal period is not within the two-to-five-hour block, then you should receive 30 minutes of pay. You can file a complaint with L&I if you are not paid accordingly.

>> Track your late meal periods here!

>> If you feel that you have been coerced into signing the meal waiver by Providence, we strongly encourage you to file a complaint with L&I.

Providence Meal Waiver and Shift Length Changes


In December 2023, Providence issued a meal waiver to all members of the UFCW 3000 bargaining unit. As union members, we have the collective right to negotiate over the terms of this waiver. Earlier this year, we engaged in negotiations with Providence regarding the meal waiver language. Despite our reasonable proposal, Providence rejected our language. Furthermore, we informed Providence that, based on past practices and contractual agreements, they were not permitted to alter shift lengths.

However, in February 2024, Providence began informing members of their intention to implement changes to shift lengths. We believe Providence is sidestepping the bargaining process by unilaterally implementing these changes and acting in bad faith. Consequently, we are initiating unfair labor practice proceedings against Providence. We have issued a cease-and-desist letter to Providence and are demanding to return to the bargaining table to resolve this matter.

Given Providence's decision to proceed with extending shift lengths, we advise 10-hour and 12-hour shift workers to carefully consider their options. You may choose to accept an extended shift with two meal periods or opt to waive the second meal period and retain your current shift length. If you opt to waive the second meal period, you retain the right to revoke this decision at any time through your core leader.

However, we strongly advise against waiving the timing of your meal period, as you are entitled to 30 minutes of pay for late meal periods.

Question 1: I am voluntarily requesting to waive my second unpaid meal period if I am entitled to one.

Recommendation:
ACCEPT
means your shift length will remain the same.
OR
DECLINE means your shift will be extended and you will receive two meal periods as a 10 hour and 12-hour shift worker.

Question 2: I am voluntarily requesting to take my unpaid meal periods at a time that may not be within hours two through five-hour block of work.

Recommendation:
DECLINE means if your meal period is not within the two-to-five-hour block then you should receive 30 minutes of pay. You can file a complaint with L&I if you are not paid accordingly.

Track your late meal periods here >>

Know your Rights! Providence Meal Waiver

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:

Providence Meal Waiver Update

In December 2023, Providence sent out a meal waiver to all UFCW 3000 represented employees. Providence is seeking to get employees to waive the timing of their first and second meal period, and waive their right to a second meal period if they are a 10 hour or 12 hour shift employee. Per the collective bargaining agreements, meal breaks should be administered per WA state law WAC 296-126-092  andRCW 49.12.480

RCW 49.12.480

  • 8 hour shift employee- 2 paid rest breaks and one unpaid 30 minute meal period for every 5 hours worked with the first unpaid meal break between the second and fifth hour of the shift
     

  • 10 hour shift employee- 2 paid rest breaks and one unpaid 30 minute meal period for every 5 hours worked with the first unpaid meal break between the second and fifth hour of the shift 
     

  • 12 hour shift employee- 3 paid rest breaks and one unpaid 30 minute meal period for every 5 hours worked with the first unpaid meal break between the second and fifth hour of the shift

If you do not receive your meal period or receive a late meal period, you are supposed to be paid 30 minutes for every missed meal period. If you believe you have not been paid appropriately, please contact your union representative.

UFCW 3000 is recommending that you deny Providence’s request to both questionson the meal waiver. Our position is that Providence cannot change the timing of the meal period without bargaining over this issue and by waiving your right to a second meal period you may be losing out on overtime pay.

We have demanded that Providence remove the timing question from the meal waiver and bargain with us over the confusing language in the meal waiver. We have not heard back from Providence but expect an answer this week.

Our recommendation is that you respond in the following way:

  1. Question 1: I am voluntarily requesting to waive my second unpaid meal period if I am entitled to one. DECLINE
     

  2. Question 2: I am voluntarily requesting to take my first and second (if applicable/not waived) unpaid meal period at a time that is different than between hours two through five of my work periods. DECLINE

If you have any questions, please reach out to your union rep: Anthony Cantu (Providence Everett RNs), Jack Crow (Providence Everett Pros and Techs), Madison Derksema (Providence St. Peter, Providence Radiant Care and Providence Centralia), Lenaya Wilhelm (Providence Holy Family and Sacred Heart), Juanita Quezada (Sacred Heart Tech), Amy Radcliff (Mt Carmel RN and St. Joes).

Providence St. Joseph - New Three Year Contract Ratified at Providence St. Joseph Hospital for Service & Maintenance and Technical Units

Our bargaining team is excited to announce that on June 27, 2023, the new three-year contract was unanimously ratified at Providence St. Joseph Hospital for service & maintenance and technical units. This was a great time for everyone to learn about the new contract, ask questions, and vote. We connected with a lot of people and built our membership through this process. We are encouraged that the growth of our membership will strengthen the power that we have at the table.

The new contract has a competitive wage scale, increased premiums, an additional holiday, and cleaned up a lot of unnecessary language. The bargaining team spent some very long days with management, but they are excited, hopeful, and confident that this contract will help address retention and recruitment issues at St. Joseph.

If you would like to get involved, please reach out to your bargaining team. It takes all of us to fight for the benefits we work hard for!

Please reach out to your bargaining team or Union Representative Amy Radcliff at (509) 340-7370 with any questions or concerns.

Our Bargaining Team: Dawn Trotter, Financial Counselor; Bridgett McCoy, Coordinator; Terri Barbano-Cardin, Respiratory Therapist; Amy Radcliff, Union Representative

Providence St. Joseph Hospital - Tentative agreement reached

VOTE DETAILS

Join your co-workers and vote on the new contract! It takes all of us to fight for the benefits we worked hard for.

Tuesday, June 27
Drop in hours 2:30 PM—7 PM
Providence St. Joseph Hospital, Classroom

500 E. Webster Ave, Chewelah, WA

Our Bargaining Team spent long days with Management and are excited, hopeful, and confident this contract will help address retention and recruitment issues at Providence St. Joseph Hospital.

The new contract addresses:

  • The below average compensation with a new competitive wage scale

  • Increase to premiums

  • Added holiday

  • Clean up of unnecessary language

QUESTIONS? Please reach out to a Bargaining Team member or Union Rep Amy Radcliff @ 509- 340-7370.

Our Bargaining Team (L—R): Dawn Trotter, Financial Counselor; Bridgett Mccoy, Coordinator; Terri Barbano-Cardin, Respiratory Therapist; (back row) Amy Radcliff, Union Rep