Associates’ Rights in a Strike

August 27, 2024

We understand UFCW Local 555 has called for a work stoppage starting Wednesday, August 28.  You may have questions about your choices. Here are a few things for you to know.

A few things you need to know:

• If you strike you will not be paid by the company, since you will not be working any hours at your store. You also will not be receiving pension contributions that are tied to hours worked. Your health care benefits could end at some point. That depends on when the strike occurs and how long it lasts. If that happens, you and your family will be eligible to pay for insurance through COBRA.
• Temporary workers may need to be hired to keep the stores operational. It’s not something we like to do, but if our stores stay open, we must do this to serve our customers.
• If you want to continue working during a strike and avoid potential union fines, charges, or discipline from the union for crossing a picket line, you can resign from the union. It is important that you understand that the decision to resign from the union is yours alone. The company can neither encourage nor discourage you in this decision.
• Federal labor law gives an individual the right not to join and maintain membership in a union.
• As a bargaining unit member, you are required to financially support the union’s efforts to negotiate contracts – but by law you are not required to pay for the union’s political or other activities not tied directly to bargaining.
• A person who decides to financially support only matters related to bargaining is known as an Agency Shop employee or “financial core fee payer” (or “core member”). Individuals who give proper notice of their intent to be core members pay fees to the union instead of union dues.
• Core members are covered under the contract for all terms and conditions of employment. That includes the same benefits, wages, vacation time, and other terms.
• You will not lose any seniority if you resign from the union. The union even must process grievances on behalf of core members.
• Health and pension contributions and benefits are the same for core members as for other members of the union.
• The union cannot threaten or prohibit you from resigning from the union if that’s what you want to do. The choice is yours. Any threats or talk about loss of benefits or seniority, etc., are illegal.

You can resign from the union by delivering a letter or notice to the union office in person, or by faxing or mailing it. Your notice does not have to be lengthy or detailed.  It can simply identify the date and who you are, and state, for example: “I resign from “Full, Formal Membership” in the union effective as of the date of this letter. I shall thereafter maintain “Financial Core Membership” status in the union only, by the continued payment of uniformly required periodic union fees.”

If an associate hand delivers his or her notice to the union office, the resignation is effective immediately upon delivery. If the notice is sent by fax, the resignation is effective immediately upon confirmation that the transmission of the fax to the union’s fax line is completed.  If the notice is sent by mail (certified or regular), the resignation is effective at 12:01 a.m. on the day after the notice is postmarked.

Summary:

• Once you resign from the union, changing your status to core member, you will no longer be able to vote on union matters. That would include voting on a new contract.
• You cannot be fined by the union if you resign from the union before working behind a picket line. The union can fine you for working during a strike up to the point that it receives your notification, so it is important that you notify the union before you work behind the picket line.
• Resigning from the union will not affect your healthcare, pension benefits and other benefits offered by the company. You will continue to receive them at the same levels as you do today.
• By law, the union cannot retaliate against any associate who resigns prior to, during, or after a strike.
• The union must continue to represent an associate who has withdrawn from the union in all grievance and labor matters.

How Do I Get Information from the Company During a Strike?

You can receive updates through your store leader, robocalls, and online here on this page.