NEW: UFCW 3000 Member Resource Center: 1-866-210-3000
If you or a coworker need help regarding an Investigatory Meeting, are facing Discipline or Corrective Action, or need to report Contract Violations. If you are experiencing one of these workplace issues, our MRC Representatives will work with you on a plan of action. When we fight together, we win! UFCW 3000 Member Resource Center: 1-866-210-3000
Know Your Rights
Union members have specific rights on the job that are spelled out in your contract. You also have rights that are protections in state and federal law. Each contract is different.
Weingarten rights
Weingarten rights were won in a 1975 Supreme Court decision with these basic guidelines: You have the right to union representation if you are called to a meeting with management that could lead to discipline.
The employee must make a clear request for union representation either before or during the interview. Managers do not have to inform employees of their rights.
Management cannot retaliate for requesting representation.
Management must delay questioning until the union steward arrives.
It is an unfair labor practice for management to deny an employee’s request for a steward and continue with interrogation. In this case, an employee can refuse to answer management’s questions.
You have the right to enforce your Collective Bargaining Agreement (CBA)
As a member of UFCW3000 you have the right to enforce your Collective Bargaining Agreement (CBA). Your CBA is a legally binding agreement between your Union and the Employer. Learn more about enforcing your CBA!
Wages
Having a union makes a difference. On average, union members earn about 20% more in wages than non-union members. Because each contract can be different, a member should read their contract to find out about wages. Find Your Contract.
Wages are one part of an overall package for many union members including: health care coverage, retirement, vacation and sick leave.
The industries in the state and national economy that have the most "union density" - percentage of union members in a particular workforce - tend to have a stronger ability to bargain for higher wages and benefits. Organizing new work sites and new workers not only helps those particular workers get better wages, it especially helps all union members.
Make sure you check your paycheck. If you feel that you have missed a pay raise, not been paid for time worked, not been paid properly for holiday time, etc., Contact your Union Representative.
Benefits
Having a union makes a difference. Union members are far more likely to receive health care benefits from their jobs. UFCW 3000 members at different workplaces have different benefit plans. The health plan you have depends on your contract.
UFCW 3000 members at Safeway, Albertsons, Fred Meyer, QFC, Bartell, Rite Aid, and many other stores receive benefits through the Sound Health & Wellness Trust. Representatives of both UFCW 3000 and representatives of employers are jointly responsible for Sound Health & Wellness. UFCW 3000 members at several health care facilities are also covered by Sound Health & Wellness.
Many health care workers, as well as some other retail and industry workers, are covered by their employer-based plans. Again, these are bargained as part of your contract.
For more information on the Sound Health and Wellness plan, visit soundhealthwellness.com.
For all information and questions related to a different benefit plan (such as an employer-administered plans), please contact your employer.
If you believe your employer is not providing the benefits in your contract, Contact your Union Representative.
Job Security
All UFCW 3000 contracts guarantee that employees cannot be disciplined or discharged, except for "just cause." The Just Cause checklist below can help you determine whether your Employer had Just Cause for a disciplinary action. Answering "No" to any of the following questions normally means the Employer does not have just and proper cause.
Did the Employer Provide Forewarning?
Did the employer let the employee know of the possible or probable disciplinary consequences that could result from their actions? The warning may be spoken or printed. An exception may be made for certain conduct (i.e., insubordination, coming to work drunk, drinking on the job, or stealing company property) that is so serious that the employee is expected to know it will be punishable.
Was it a Reasonable Rule?
Was the employer's rule or managerial order reasonably related to (a) the orderly, efficient and safe operation of the company's business, and (b) the performance that the employer might properly expect of the employee?
Did the Employer Investigate?
Did the employer, before disciplining the employee, make an effort to find out whether the employee did, in fact, violate or disobey a rule or order of management? The investigation normally should be made before the decision to discipline is made. However, if the employer believes immediate action is required, they could choose to suspend the employee pending investigation with the understanding that the worker will be reinstated and paid for time lost if there is no basis for punishment.
Was the Investigation Fair?
Was the company's investigation conducted fairly and objectively?
Did the "Judge" find Proof?
At the investigation, did the "judge" obtain substantial evidence or proof that the employee was guilty as charged? It is not required that the evidence be conclusive or "beyond reasonable doubt," except where the alleged misconduct is of such criminal or reprehensible nature as to stigmatize the employee and seriously impair their chances for future employment.
Are All Employees Being Treated Equally?
Has the company applied its rules, orders and penalties evenhandedly and without discrimination to all employees? If enforcement has been lax in the past, management can't suddenly reverse its course and begin cracking down without first warning employees of its intent.
Is the Penalty Appropriate?
Was the degree of discipline reasonably related to: (a) the seriousness of the proven offense; and, (b) the record of the employee in his/her service with the company? If Employee A's past record is significantly better than Employee B's, the company may properly punish Employee A more lightly than Employee B for the same offense.
Fair Treatment at Work
All union members have certain rights at work that help protect them from unfair treatment. Many of these rights are guaranteed in laws such as Family Medical Leave, overtime and safe working conditions. Many other rights are ones that are secured through a contract that union members have negotiated at a specific workplace.
Beyond the listed categories in this Know Your Rights section, members should check with a Steward or Union Representative if they feel their rights are being violated. Only by standing up for our rights can we achieve fair treatment at work.
Injured on the Job
Every day workers get hurt on the job. As much as possible should be done to prevent injuries through workplace safety trainings and practices. In addition, it should be insured that workplace working conditions are as safe as possible. However, accidents do happen.
If you are injured in the job, the first thing to do is to get treatment. If it is minor, you may treat the injury at once. Every worksite is required to have a first-aid kit. If you need medical attention, make sure you seek it immediately.
The Washington State Department of Labor and Industries is the official site to find out answers to questions about workplace injuries, how to treat them, how to file a claim, getting independent medical exams, etc. Click here for more helpful information.
Being Disciplined
Weingarten Rights: Your Right to Union Representation
You have the right to union representation if you are called to a meeting with management that could lead to discipline.
Weingarten rights were won in a 1975 Supreme Court decision with these basic guidelines:
You must make a clear request for union representation either before or during the interview. Managers do not have to inform employees of their rights.
Management cannot retaliate against an employee requesting representation.
Management must delay questioning until the union steward arrives.
It is against Federal Law for management to deny an employee's request for a steward and continue with an interrogation. In this case, an employee can refuse to answer management's questions.
If you have any questions about your Weingarten rights, speak to a Steward or call your Union Representative at 1-800-732-1188.
Family and Medical Leave
FMLA and Family Care Act
Unions fought hard for the passage of the Federal Family and Medical Leave Act (FMLA) in the 1990s and the more recently our state's Family Care Act.
Under FMLA your rights include:
The right to take up to 12 weeks of medical leave each year on a consecutive or intermittent basis.
The right to take up to 12 weeks of family leave each year to care for a seriously ill child, parent, or spouse.
The right to a part-time work schedule when necessitated by medical problems or to care for an ill family member.
The right to decline a light-duty job for the first 12 weeks of an injury or illness. (If on an L&I claim, you must accept light duty or risk losing Workers Compensation benefits.) Most importantly, the FMLA prohibits employers from penalizing employees who miss work for qualified reasons. FMLA absences cannot be used as points under an attendance policy, as a reason for denying a pay increase or promotion, or in any other negative manner.
The right to return to your job after FMLA leave.
You have these rights if you meet all the following criteria:
Work for a private employer (including non-profit organizations) which has at least 50 employees within a 75-mile radius, or work for a public employer including federal, state, city, and local agencies and schools.
Have worked for this employer for at least 12 months or 52 weeks (does not have to be consecutive).
Have worked at least 1,250 hours in the previous 12 months.
You may take up to 12 workweeks of unpaid FMLA leave in each 12-month period for the following reasons:
Medical leave - A serious health condition that makes you unable to perform your job.
Family leave - Need to care for a seriously ill child, spouse, or parent.
Childbirth and Newborn Care leave - Childbirth or need to care for a newborn child up to age one.
Adoption and Foster Placement leave - Placement of a child with you for adoption or foster care.
Washington State workers are also protected by the Washington Family Care Act, which became law thanks to the support of labor unions and community allies.
The Family Care Act allows employees to use sick leave or other paid time off to care for spouses, parents, parents-in-law, grandparents, and adult children with disabilities, just as they would be able to use the time if they were sick themselves. The Washington State Department of Labor and Industries provides on-line information about the Family Care Act.
This is a brief overview of family leave protections. UFCW 21 helps enforce this important law and has protected many members' jobs using FMLA. Contact your Steward or Union Representative if you have any questions.
Care for a Sick Family Member
A lot of people are getting sick. And state law helps you take care of sick family members with pay if you have access to sick leave or PTO.
The Washington State Family Care Act was passed in 2002 with the strong support of unions like UFCW 21. It extends Family & Medical Leave rights by ensuring that workers who have paid leave (PTO or sick leave) can tap into that reserve while providing care for a sick family member in the same way they would use it to pay for their own sick days.
So the next time you need to call in to care for a sick kid or a family member with a serious health condition, remember this law. Ask your Union Rep for details if you have questions.
FMLA (Family Medical Leave) Posting, (Spanish)
Participating in Union Activities
You have the legal right to join or support a union and to participate in the following union activities:
Attend meetings to discuss joining a union.
Read, distribute, and discuss union literature, as long as you do this in non-work areas during non-work times, such as breaks or lunch hours.
Wear union buttons, T-shirts, stickers, hats, or other items on the job.
Sign a card asking your employer to recognize and bargain with the union.
Sign petitions or file grievances related to wages, hours, working conditions, and other job issues.
Ask other employees to support the union, to sign union cards or petitions, or to file grievances.
"Good Faith" Bargaining
After the union's election victory is officially certified by the National Labor Relations Board, your employer is legally required to negotiate in "good faith" with the union on a written contract covering wages, hours, and other working conditions.
“Before the union election, the company tried to persuade us to vote against the Union. They said they would make things better and asked us to give them a chance. The way we saw it, if they really were going to treat us better, they shouldn’t have any problem putting it down in writing, in a legal contract. We worked hard to win our election and now we have a guaranteed union contract we can count on.”
The National Labor Relations Act Says:
Section 7: "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representation of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining..."
Section 8(a): "It shall be an unfair labor practice for an employer...to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7..."
Protection from Employer Action
Your employer cannot legally punish or discriminate against any worker because of union activity. For example, your employer cannot legally do the following:
Threaten to actually fire, lay off, discipline, harass, transfer, or reassign employees because they support the union.
Favor employees who don't support the union over those who do in promotions, job assignments, wages, hours, enforcement of rules, or any other working condition.
Shut down the work site or take away any benefits or privileges employees already enjoy in order to discourage union activity.
Promise employees a pay increase, promotion, benefit, or special favor if they oppose the union.
If your employer violates the law, the union can help you file "Unfair Labor Practice" changes with the National Labor Relations Board.
Backed up by the federal courts, the Labor Board has the power to order an employer to stop interfering with employees' rights, to provide back pay, and to reverse any action taken against workers for union activity.
Labor Management Reporting and Disclosure Act.
The Labor-Management Reporting and Disclosure Act (LMRDA) grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations. The LMRDA establishes the following:
Bill of Rights for union members
Reporting requirements for labor organizations, union officers and employees, employers, labor-relations consultants, and surety companies
Standards for the regular election of union officers
Safeguards for protecting labor organization funds and assets
Unions representing federal employees are similarly covered by the implementing regulations of the standards of conduct provisions of the Civil Service Reform Act. Unions representing solely state, county, and municipal employees are not covered by either of these laws.
The Secretary of Labor enforces certain provisions of the LMRDA and has delegated that authority to the Office of Labor-Management Standards (OLMS). Other provisions may only be enforced by union members through a private suit in a federal district court. Major provisions of the LMRDA are outlined below.
Title IV - Elections
Local unions must elect their officers by secret ballot; international unions and intermediate bodies must elect their officers by secret ballot vote of the members or by delegates chosen by secret ballot.
International unions must hold elections at least every five years, intermediate bodies every four years, and local unions every three years.
Unions must comply with a candidate's request to distribute campaign material to members at the candidate's own expense and must also refrain from discriminating against any candidate with respect to the use of membership lists. Candidates have the right to inspect a list containing the names and addresses of members subject to a union security agreement within 30 days prior to the election.
A member in good standing has the right to nominate candidates, to be a candidate subject to reasonable qualifications uniformly imposed, to hold office, and to support and vote for the candidates of the member's choice.
Unions must mail a notice of election to every member at the member's last-known home address at least 15 days prior to the election.
A member whose dues have been withheld by an employer may not be declared ineligible to vote or to be a candidate for office by reason of alleged delay or default in the payment of dues.
Unions must conduct regular elections of officers in accordance with their constitution and bylaws and preserve all election records for one year.
Union and employer funds may not be used to promote the candidacy of any candidate. Union funds may be utilized for expenses necessary for the conduct of an election.
Union members may hold a secret ballot vote to remove from office an elected local union official guilty of serious misconduct if the Secretary of Labor finds that the union constitution and bylaws do not provide adequate procedures for such a removal.
Union members who have exhausted internal union election remedies or who have invoked such remedies without obtaining a final decision within three calendar months after their invocation may file a complaint with the Secretary within one calendar month thereafter.
The Secretary of Labor has authority to file suit in a federal district court to set aside an invalid election and to request the court to order a new election under the supervision of the Secretary and in accordance with Title IV.
Title V - Safeguards for Labor Organizations
Officers have a duty to manage the funds and property of the union solely for the benefit of the union in accordance with its constitution and bylaws.
A union officer or employee who embezzles or otherwise misappropriates union funds or other assets commits a federal crime punishable by a fine and/or imprisonment.
Officials who handle union funds or property must be bonded to provide protection against losses.
A union may not have outstanding loans to any one officer or employee that in total exceed $2,000.
A union or employer may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA.
Persons convicted of certain crimes may not hold union office or employment for up to 13 years after conviction or after the end of imprisonment.
Title VI - Miscellaneous Provisions
Authority is granted to the Secretary of Labor to investigate possible violations of most provisions of the LMRDA (except those specifically excluded) and to enter premises, examine records, and question persons in the course of the investigation.
A union or any of its officials may not fine, suspend, expel, or otherwise discipline a member for exercise of rights under the LMRDA.
No one may use or threaten to use force or violence to interfere with a union member in the exercise of LMRDA rights.
Last Updated: 11-29-17
Title I - Bill of Rights of Union Members
Union members have equal rights to nominate candidates for union office, vote in union elections, and participate in union meetings. They may also meet with other members and express any opinions.
Unions may impose assessments and raise dues only by democratic procedures.
Unions must afford members a full and fair hearing of charges against them.
Unions must inform their members about the provisions of the LMRDA.
Members may enforce Title I rights through a private suit against the union, but may be required to exhaust internal union remedies for up to four months before filing suit.
Union members and nonunion employees may receive and inspect collective bargaining agreements. This right may be enforced by the individual or by the Secretary of Labor.
Title II - Reporting Requirements
Unions must file information reports, constitutions and bylaws, and annual financial reports with OLMS.
Officers and employees of labor unions must report any loans and benefits received from, or certain financial interests in, employers whose employees their unions represent and businesses that deal with their unions.
Employers and labor-relations consultants who engage in certain activities to persuade employees about their union activities or to supply information to the employer must file reports.
Surety companies that issue bonds required by the LMRDA or the Employee Retirement Income Security Act must report data such as premiums received, total claims paid, and amounts recovered.
The Secretary of Labor has authority to enforce the reporting requirements of the LMRDA.
The reports and documents filed with OLMS are public information and any person may examine them or obtain copies at OLMS offices or via the OLMS Internet Public Disclosure Room at www.unionreports.dol.gov.
Filers must retain the records necessary to verify the reports for at least five years after the reports are filed.
Unions must make reports available to members and permit members to examine records for just cause.
Title III - Trusteeships
A parent union that places a subordinate body under trusteeship must file initial, semiannual, and terminal trusteeship reports.
A trusteeship may only be imposed for the purposes specified in the LMRDA and must be established and administered in accordance with the constitution and bylaws of the labor organization that has imposed the trusteeship.
A parent union that imposes a trusteeship may not engage in specified acts involving the funds and delegate votes from a trusteed union.
The Secretary of Labor has authority to investigate alleged violations of this Title. A union member or a subordinate labor organization may also enforce the trusteeship provisions except for the reporting requirements.
Domestic Violence
It is illegal for an employer to discriminate against people based on their experience of abuse. This law requires employers to provide reasonable accommodations for survivors, like a change in office location or modified schedule.
Survivors can take time off to deal with issues related to abuse. Every employer in our state must offer paid sick leave. Survivors can use this paid leave if available—or unpaid leave if they have used up their sick time—to do things such as seek medical treatment, obtain a Protection Order, or access services from a domestic violence advocacy program. Time can also be used to help a family member with any of these things.
If you have any questions about domestic violence and you rights, or want to know more about your rights and your contract, speak to a Union Steward or call your Union Representative at 1-800-732-1188.
WSCADV - Know your rights poster
Unemployment Compensation
For those who are laid off, Washington State law allows workers to receive unemployment compensation in the event they lose their job through no fault of their own. For details and to apply for benefit online, go to the Washington State Employment Security Department. The website also provides answers to common questions about unemployment.
In the event of a layoff, your UFCW 3000 contract provides protection by setting out rules for how layoffs proceed. These rules are different depending on the specifics in each contract, but all contracts include language which ensures that any layoffs proceed fairly and equitably.
Unemployment is funded by employers through payroll taxes. Weekly unemployment benefits can help laid-off workers meet expenses until finding a new job. Again, Washington State Employment Security Department lets you apply for benefits online.
Safe Working Conditions
All workers are entitled to and should demand safe working conditions. The State of Washington and UFCW 3000 can work together to ensure this.
The Union has the right to inspect a unionized worksite at anytime to ensure safe working conditions. If you feel there is an unsafe condition, contact your Steward or your Union Representative to discuss the situation.
Together, we can work with your employer to fix the problem or take appropriate legal action if necessary.
For detailed information about safety and health at work, visit the AFL-CIO's Safety and Health at Work web page.
The Federal Occupational Safety and Health Administration (OSHA) has the power to enforce laws which affect safety and health at work.
Washington State workers can also use the State Department of Labor and Industries website to find out more about worker rights in state law.
Foreclosure Mediation Law
Washington State law gives you the right to a face-to-face meeting with your lender when you are at risk of foreclosure on your home.
You are eligible for foreclosure mediation by law if:
You are a homeowner who lives in owner-occupied property, and;
You are in default on your mortgage and have not yet received the Notice of Trustee’s Sale
You must request foreclosure mediation through a housing counselor or an attorney.
What is foreclosure mediation?
Foreclosure mediation is a process where a neutral, third-party mediator assists the homeowner and the lender to reach a fair, voluntary, and negotiated agreement.
Why request mediation?
If you have not been able to get in touch with your lender you can now request a face-to-face meeting to discuss alternatives to foreclosure. During mediation, the lender is required to negotiate with you in good faith.
How can I request mediation?
Foreclosure mediation must be requested by a housing counselor or an attorney on behalf of the homeowner. To find a housing counselor call 1-877-894-HOME (4663).
How much does it cost?
The homeowner and the lender shall each pay a $200 fee for the mediation. The fee must be paid prior to the mediation.
UFCW 3000 is part of the Alliance to Prevent Predatory Lending which fought for this legislation in Olympia. We will monitor the results of this new law in order to ensure that lenders are in compliance, and that it is effective in helping homeowners avoid foreclosure. If you exercise your right to request mediation, we encourage you to contact your Union Representative (1-800-732-1188) with your experience, good or bad. We will share your stories with state lawmakers so they can better understand the law’s value and how it can be further improved.
