Bellingham grocery workers win their fight for a $4/hour hazard pay mandate

The Bellingham City Council voted 5 to 2 last night (May 10) to mandate $4 per hour hazard pay for frontline workers at large grocery chain stores in the city. Last night’s vote was a final procedural step, following initial approval of the ordinance two weeks earlier. The ordinance will go into effect at 12:01AM on May 25th. It will cover unionized employers, including Fred Meyer, Safeway, and Haggen, as well as some non-union stores such as Whole Foods.

Chris Vincent, a veteran produce worker at Bakerview Fred Meyer, helped organize co-workers to send emails and give public comment at multiple City Council meetings. Upon hearing of the victory, Vincent offered words of celebration:

“We fought an honorable fight for an honorable cause to give the hard-working people on the front lines what they deserve in these hazardous times. I want to personally thank the Bellingham City Council for recognizing the hazardous conditions we work in and for their support in compensating us for it. When we stand together, we win together!”

The Northwest Central Labor Council, led by Secretary-Treasurer Michele Stelovich, and Whatcom County Jobs With Justice, led by Betsy Pernotto, provided crucial support to UFCW21, engaging Council Members and mobilizing supporters to send messages of support and provide comments at several meetings.

Speaking before Council on March 8, the Labor Council’s Stelovich lauded frontline grocery workers:

“They stepped up, they went to work, and they made sure that we had food on our tables. So I just wanted to thank all the grocery workers that have done that. You know that some of the grocery stores have made huge profits… So these are things that they can afford to be able to give their workers… and reward them for being good employees that came to work under very difficult conditions.”

The Whatcom County DSA also mobilized supporters to speak up for grocery workers at multiple Council meetings.

The Northwest Grocery Association and Fred Meyer sent representatives to Council to speak against the ordinance, but there was little opposition, otherwise.

The City Council’s action last night was the culmination of a nearly year-long campaign by Bellingham grocery workers to demand continuation of hazard pay, after Albertsons and Kroger discontinued it last Spring. Members and community supporters held multiple protest actions to educate the public and sent hundreds of messages to City Council once the issue moved into the legislative arena in February.

Throughout the campaign, UFCW 21 members have also emphasized the need for improved COVID safety in their workplaces.

City Council Member Lisa Anderson shepherded the hazard pay ordinance to victory over several months, never backing down in the face of the grocery industry’s legal threats and misinformation.

The hazard pay ordinance covers workers at companies that employ at least 500 employees worldwide and at least 40 in Bellingham. At these companies, hazard pay will be required at stores that are over 10,000 sq. ft. and primarily sell groceries for offsite consumption or which are over 85,000 sq. ft., with 30% or more of their floor space devoted to groceries.

Thank You to the Bellingham City Council members who voted to support grocery workers: Lisa Anderson, Hannah Stone, Michael Lilliquist, Hollie Huthman, and Daniel Hammill

These Bellingham City Council members voted against grocery workers: Gene Knutson and Pinky Vargas

Judge Dismisses Lawsuit – Hazard Pay Prevails

UFCW 21
For immediate release: 3.18.2021,  12:35 PM
Contact: Tom Geiger, 206-604-3421 ( c )

In an effort to provide some compensation for the hard work and sacrifice of grocery store workers during the current health crisis of COVID 19, Seattle passed a hazard pay ordinance that went into effect on February 3rd. The industry quickly filed a lawsuit attempting to reverse this new law. Today the judge ruled against the industry. The city’s hazard pay law will remain in place.

Faye Guenther, President of UFCW 21 stated in response to the judge's decision:

“We have pushed for hazard pay for essential grocery store workers since May when the corporations running the stores decided, without even giving a reason, to cut the hazard pay that had been in place. The city’s hazard pay ordinance is a good law that provides temporary additional pay to the frontline workers in our grocery stores who have been putting their health and safety on the line every day since the pandemic began. The pay provides some additional income for these workers as their jobs have increased risk, increased demands, and increased hazards. And these workers’ labor is what has allowed the rest of the us in the community to get access to the food and other necessities we need and has resulted in the huge increased profits for the grocery store corporations.”

“This is a big win for grocery store workers who deserves this hazard pay and also a big win for all the other municipalities out there considering passing their own hazard pay ordinance that these laws are legal and will withstand the bullying lawsuits of the industry.”

Seattle Hazard Pay goes into effect

Through the hard work UFCW 21 members who wore buttons, emailed over 800 times, and testified directly to Seattle City Council. Essential workers were able to win Hazard Pay in Seattle. Union members made this happen in Seattle, hear directly from the Seattle City Council members who voted unanimously for the hazard pay ordinance how UFCW 21 members made the difference! Thanks to Seattle City Councilmember Teresa Mosqueda for her leadership in bringing forward this ordinance and all the Seattle City Council who stood up for Essential Workers.

HAZARD PAY BASICS: 

• Covered workers & employers: Workers at grocery stores operating in the City of Seattle whose employers have more than 500 employees worldwide 

• For the purposes of this ordinance, grocery stores must be over 10,000 sq ft in size or over 85,000 sq ft with 30% of sales floor area dedicated to groceries  

• Amount: $4/hour for every hour worked in Seattle 

• Date this ordinance went into effect: February 3, 2021 at 12:01 am 

FREQUENTLY ASKED QUESTIONS: 

How did we get this hazard pay? 

UFCW 21 members have been fighting for months and months to get the hazard pay we deserve. In grocery stores, many employers paid hazard pay for a short time at the beginning of the COVID pandemic, then took it away even though the risk of COVID exposure didn’t go away (in fact, it got a lot worse during the COVID spikes this winter). After all these actions, including petitions, filing grievances, and bargaining with employers, Seattle grocery workers went to the City Council and brought up the idea of the city taking this step since employers weren’t. Seattle City Council heard from many grocery store workers and received over 800 emails from workers and community supporters in favor of a hazard pay ordinance, and at least one city council member mentioned seeing workers in UFCW 21 buttons at his local grocery store, and many council members said hearing directly from grocery workers about the importance of hazard pay was key to their decision to support it. (See the video above!) 

Why doesn’t my city council pass hazard pay? 

Maybe they will! It only happens when we organize. We’ve already seen Burien City Council answer the call and pass a hazard pay ordinance, cities and counties in California have passed hazard pay ordinances as well, and we look forward to organizing anywhere that workers want to fight for this. Sign up for future trainings on hazard pay here—just check the appropriate box on that form. 

What counts as hazard pay? Is this on top of overtime, existing hazard pay, and/or tips?  

Employees must receive at least $4 per hour in hazard pay. Hazard pay is in addition to compensation, bonuses, commissions, and tips. 

Can they cut my compensation to pay for this?  

Employers cannot reduce other compensation because of this ordinance. 

What if my employer is already paying hazard pay? 

If an employer is already offering hazard pay, that extra pay can count toward the $4/hour hazard pay they are obligated to pay. 

When is this paid out and where will it show up on my paycheck? Can they just give us a one-time bonus instead? 

This $4/hour hazard pay must be paid out on your regular payday and itemized separately on your paycheck so you can see that you received it. 

Do employers have to notify us about this hazard pay?  

Your employer must post written notice of the rights established by this ordinance at all worksites covered by the ordinance within 30 days of its effective date, which was February 3, 2021. They also have to give you an updated “Notice of Employment Information” telling you your job title and your wage rate. 

What’s the expiration date on this hazard pay? 

There is no set date of expiration; employers need to pay this for the duration of the city’s COVID “civil emergency” proclaimed by the Mayor last March. We don’t know yet when the city will declare the civil emergency over. 

What if I don’t see any hazard pay on my next paycheck? 

If you get paid for hours worked anytime after 12:01 a.m. on February 3, you believe your employer is covered by this ordinance, and you don’t see a record of hazard pay on your paycheck, contact your  Union Rep immediately. The city can investigate employers who don’t pay you the correct amount and force them to pay you, with interest, for the pay you missed. We have had several successful cases in recent years where workers have been compensated thousands of dollars in back pay they were owed. We take enforcement of workers’ rights very seriously. 

Why weren’t all essential workers included in this ordinance? 

UFCW 21 will continue to fight for hazard pay for all essential workers through contract bargaining, workplace organizing, and public actions. When it comes to the legislative process, we recognize that lawmakers, community leaders, the business lobby, voters, and other interest groups are all going to influence what we can achieve. In the case of the grocery industry, elected officials and the public have been receptive to hazard pay legislation because of the very clear connection between the enormous COVID-related profits that large grocery stores are making and the high COVID risk that workers face. We will continue to pursue hazard pay for all essential workers through all available avenues.

I heard that they might close stores or cut hours because hazard pay passed. Is that true, and is there anything we can do about it? 

The big grocery companies that are subject to this ordinance have been making windfall profits because of COVID. They have funneled billions to their shareholders since the start of the pandemic. Yet the workers taking the risk to make all those profits possible saw very little reward. Any employer threatening to cut hours or close stores is doing this in a misplaced effort to bully us into submission, not because they don’t have enough money.

During the pandemic, grocery workers have been designated essential workers because grocery stores are essential to the health and well-being of our communities. We are confident that the public and elected officials in the Puget Sound region will stand with us if these companies attempt bully tactics like retaliatory store closures or hours cuts that would jeopardize safety.

Your union contract has language in it about hours and hours reduction. We need to continue to enforce our contracts and our right to hours under our contracts. Work with your shop steward or union rep if you believe hours are being cut at your store

We have the right to push back against intimidation from these companies. Recently, Kroger announced the closure of two stores in Long Beach, California, after Long Beach City Council passed a hazard pay ordinance. Here's what the president of our UFCW International Union said about the store closures: 

“Kroger closing these stores is truly outrageous conduct and a ruthless attempt to create a chilling effect that will discourage other cities from doing what is right and enacting hazard pay mandates that recognize the threat these workers face from COVID-19.  

“Let us be very clear, this is not how you treat frontline essential workers that face daily and worsening exposure to COVID-19. America’s grocery workers will not be silenced in the face of these shameless scare tactics. Major grocery chains across the country have already agreed to new hazard pay agreements and Americans strongly support hazard pay in recognition of the ongoing risks these grocery workers are facing. Kroger does not have the right to ignore laws designed to protect workers and the public during this escalating health crisis. 

“As America’s largest food and retail union, UFCW will use every tool available to ensure that Kroger follows the law and that our state and federal leaders hold companies accountable for flagrantly choosing to evade these vital workplace laws.”

-Marc Perrone, UFCW International President 

Read the full statement here>> 

We know that whenever we organize, we build power. When we win, management gets scared, and sometimes their first reaction is to lash out. But we can stand strong, stand together, and not be intimidated by any pushback from our employers. Getting hazard pay into the pockets of grocery store workers was never going to be easy, but the impact of this win is bigger than just the folks in Seattle and California who won it first. In fact, Trader Joe’s has already announced they’re extending the $4 hazard pay to all their employees, nationwide. Workers made that happen.  

How to Fight Back Against Boss Tactics 

In the coming days, we know employers might try to intimidate workers into ending our fight for hazard pay. Here are some ways to push back. 

Know Your Rights! 

There are important provisions in this ordinance that say employers can’t retaliate, discriminate, or take any “adverse action” against workers because of the passage of this ordinance. Here’s some of the language in the bill around retaliation: 

No employer shall, as a result of this ordinance going into effect, take steps to reduce employee compensation so as to prevent, in whole or in part, employees from receiving hazard pay at a rate of four dollars per hour for each hour worked in Seattle in addition to those employees’ other compensation. 

No employer or any other person shall take any adverse action against any person because the person has exercised in good faith the rights protected under this ordinance. Such rights include, but are not limited to, the right to make inquiries about the rights protected under this ordinance; the right to inform others about their rights under this ordinance; the right to inform the person's employer, the person’s legal counsel, a union or similar organization, or any other person about an alleged violation of this ordinance; the right to file an oral or written complaint with the Agency or bring a civil action for an alleged violation of this ordinance; the right to cooperate with the Agency in its investigations of this ordinance; the right to testify in a proceeding under or related to this ordinance; the right to refuse to participate in an activity that would result in a violation of city, state or federal law; and the right to oppose any policy, practice, or act that is unlawful under this ordinance. 

“Adverse action” means reducing compensation, garnishing gratuities, denying a job or promotion, demoting, terminating, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, engaging in unfair immigration-related practices, filing a false report with a government agency, or otherwise discriminating against any person for any reason prohibited by Section 100.050. “Adverse action” for an employee may involve any aspect of employment, including compensation, work hours, responsibilities, or other material change in the terms and conditions of employment. “Adverse action” also encompasses any action by the employer or a person acting on the employer’s behalf that would dissuade a reasonable person from exercising any right afforded by this ordinance. 

Enforce Your Contract! 

Your union contract has language in it about hours and hours reduction. We need to continue to enforce our contracts and our right to hours under our contracts. Work with your shop steward or union rep if you believe hours are being cut at your store

Burien passes a $5 hazard pay ordinance for grocery store workers

For media inquiries contact Joe Mizrahi, Secretary Treasurer UFCW 21 

Victories like this can only happen when workers’ voices are heard. We believe every worker should have a voice on the job. Do you need a Union? >> 

Are you ready to fight for hazard pay in your city! >> 

During the COVID pandemic, grocery store operators have reaped billions of dollars in windfall profits as a direct result of the shift to at-home meal preparation, but they have failed to compensate workers for the added risks and burdens of working on the frontline during the pandemic. The pandemic has intensified in recent months and new variants will increase the risk, but most grocery workers have not received hazard pay in over 6 months. 

Last night, thanks to the hard work, testimony, and actions of UFCW 21 members, we won $5/hour Hazard Pay for grocery store workers in Burien at large grocery stores. 

Thanks to all the members and allies who contacted Burien City Council in support of this ordinance, as well as those who testified in favor of Hazard Pay by sharing their heartfelt stories and fears. Thank you to those on the Burien City Council who took a stand to champion essential workers, Mayor Jimmy Matta, Deputy Mayor Krystal Marx, Councilmember Pedro Olguin, Councilmember Cydney Moore, and Councilmember Kevin Schilling. 

“The big-name grocery stores are making record profits during one of the worst pandemics in history, and they are doing it on the broken backs of their employees.” Sean Murphy, Safeway

“I am fearful every day for myself and my loves ones, our health and safety are put in danger every time I step into work.” Maria Dirdala, Safeway

The effective date of the law is still being determined due to a special council session on Monday, February 8, but the progressive majority on the council has indicated they want it to go into effect as soon as possible.  

Our union’s success in passing this ordinance builds on the hard work we have done to pass Initiative 1433 Statewide Sick Leave in 2016, to pass Washington State Paid Family and Medical Leave in 2017, to pass Uninterrupted Meal/Rest Breaks and close the mandatory overtime loophole for health care workers in 2019, and to raise the minimum wage! 

Seattle approves $4 hazard pay for grocery store workers

For media inquiries contact Joe Mizrahi, Secretary Treasurer UFCW 21

Help our Union fight for hazard pay in your city!  

During the COVID pandemic, grocery store operators have reaped billions of dollars in windfall profits as a direct result of the shift to at-home meal preparation but have failed to compensate workers for the added risks and burdens of working on the frontline during the pandemic. The pandemic has steadily gotten worse while grocery workers have not received hazard pay in over 6 months.

Today, thanks to the hard work, testimony, and actions of UFCW 21 members, we won $4/hour Hazard Pay for grocery store workers throughout Seattle at grocery companies with 500 or more employees worldwide. Thanks to Seattle City Councilmember Teresa Mosqueda for her leadership in bringing forward this ordinance, the over 800 UFCW 21 members and allies who contacted Seattle City Council in support of this ordinance, as well as all the members and community allies who testified before the Seattle City Council in favor of Hazard Pay by sharing their heartfelt stories and fears. The effective date, pending signature from the Mayor, is February 3, 2021. 

“I am grateful the council recognized the risks grocery store workers face during this extraordinary crisis. Thank you to our communities for hearing our stories and helping us get our voices out. Now, thanks to our hard work together, Seattle has won hazard pay for essential front line grocery store workers. This is a victory for Seattle workers, and I hope other cities follow Seattle's lead.” - Maggie Breshears, Greenwood Fred Meyer

Our union’s hard work in passing this ordinance builds on the hard work we have done to pass Initiative 1433 Statewide Sick Leave in 2016, to pass Washington State Paid Family and Medical Leave in 2017, to pass Uninterrupted Meal/Rest Breaks and close the mandatory overtime loophole for health care workers in 2019, and raising the minimum wage! 

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We believe every worker should have a voice on the job.  

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Hazard pay in the news:

• Seattle City Council approves $4 per hour mandatory pay boost for grocery workers during COVID-19 pandemic (Seattle Times)

• Seattle City Council passes bill requiring $4 an hour in hazard pay for grocery store workers (Seattle P-I)

• Labor helps win hazard pay for Seattle grocery clerks, seeks wider adoption (Q13)

• City Council Passes Mosqueda’s Hazard Pay for Grocery Store Workers Bill (Seattle City Council News Release)

• Seattle approves extra ‘hazard pay’ for grocery workers (Associated Press)

• Seattle City Council approves bringing $4/hour hazard pay back for grocery workers (KING 5)

• Seattle City Council Passes Hazard Pay Bill for Local Grocery Store Workers (Eater Seattle)

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Here’s what some UFCW 21 members have shared about hazard pay…

“Hazard pay is recognition that we are still risking our health and our lives to ensure people are able to eat. Throughout this whole pandemic, we’ve been a front line and I can see burnout happening in real time. I’ve come to work already crying, already shaking with anxiety over having to deal with unmasked customers and bus patrons on top of the taxing work. Everyone I talk to is at their wit’s end. If these pandemic conditions are to continue as the virus mutates, we deserve hazard pay. We’ve deserved it for a long time.” -Tori Nakamatsu-Figaroa, Uptown Metropolitan Market

“Hazard pay is important to me because fellow coworkers and I have to clean the protective barriers, surfaces, etc. What do they think we're cleaning!? The answer is we're cleaning COVID! It is outrageous that employees are not receiving hazard pay as of now. I have a fellow coworker who had a breakdown today because a customer was repetitively coughing on our video game cases, and we receive absolutely no compensation for cleaning up after customers. This has made me very angry.” -Björn Olson, Greenwood Fred Meyer 

“I work in Clicklist [grocery pickup] and I am responsible for caring for my 95-year-old grandmother. I am so afraid that I will unknowingly pass Covid-19 on to her. I take all the responsible actions in making sure I use latex gloves and double-mask for extra measure. I am in small living quarters with her, and if I was to pass this on to her it would most likely be a death sentence for her. That is an incredibly large burden on my shoulders. My fellow co-worker, also in Clicklist, passed it on to her mother and sadly her mother passed away. I feel as though I’m looking at my future and the end to my grandmother's life. The risk I'm taking by working at Fred Meyer and serving the community is not being acknowledged by my employer. The burden is high and the pay is low.” -Cindy Wilbur, Fred Meyer  

“Hazard pay is needed for grocery workers. We work around the public every day, risking our health to feed our families. I am a single mother of 2 small children that are at risk because I am at risk. I struggle to pay my babysitter, who basically raises my children because I am working 40+ hours just to barely survive, on top of risking not only my health but my children’s health. Kroger is making massive increases in profit while I barely scrape by.” -Hilary T.E. Williamson, QFC 

“My husband and I both work at Metropolitan Market grocery. I am on leave of absence for health reasons and to help care for our child while they are distance learning. We are currently relying solely on my husband's income and a few assistance programs to get by. I've also lost my insurance due to sheltering. Hazard pay would be so helpful to offset my lack of income and help us keep on top of bills and rent. It would also help my husband and coworkers feel as though they're valued as essential workers and that their sacrifice at this time isn't going without notice.” -Holly Jansma, Metropolitan Market