Workers Win Case to Wear Black Lives Matter Buttons

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.

Meet the 2022 Grocery Store Workers Negotiations Team: Sam Dancy

Sam Dancy, Grocery Store Worker at Westwood Village QFC 825 and UFCW 3000 grocery contract negotiations team member

As we negotiate the 2022 Grocery Store Workers contract with the employers, let’s get to know your fellow grocery store workers who are part of our member-led bargaining team!

Sam Dancy has worked at Westwood Village QFC 825 since 1991, starting as a graveyard-shift night stocker. Since then, he has worked his way up the ladder and now works as Front End Supervisor! Through the years, Sam’s coworkers have seen him supporting others by educating them on their rights at work, standing up to management, and helping coworkers advocate for themselves.

Outside of his leadership in the workplace, Sam is passionate about connecting grassroots community work with the organized Labor movement. For example, Sam traveled to St. Louis, to talk to community members about opposing Proposition A, which would have upheld right-to-work laws in Missouri. Sam is proud of the fact that Proposition A was ultimately defeated! It’s this same spirit of advocacy that brings Sam to the grocery contract negotiations team.

“All essential workers deserve to not have to live from paycheck to paycheck. One job should be enough! Grocery store workers deserve stability, and it’s time the employer did their part to guarantee us fair wages, workplace safety, and respect on the job.”

Grocery Store Workers Have Right to Wear Black Lives Matter Buttons

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

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.