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

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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:

• WAC 296-126-092

• RCW 49.12.480

2023 Wildfire and Smoke Information for Workers

As our region again faces wildfire season, wildfires and wildfire smoke may affect us in the workplace and at home. Below are important things to know to stay safe and enforce your rights at work. Here are the most important actions to care for yourself and your coworkers during wildfire season:

1. Report any safety concerns to your worksite safety committee & management right away, and get support from your Shop Steward and/or Union Rep if your concerns are not addressed.

2. Get accommodations if needed and exercise your rights—use your sick leave if you become unwell; speak with a health care provider and use FMLA or exercise your disability rights under the ADA if you have a health condition that makes you vulnerable to wildfire smoke.

3. If your home or work is affected by wildfire and financial assistance would help, speak with your Union Rep about the UFCW 3000 Membership Assistance Fund.

Your Rights During Wildfires

If your workplace, home, or family are evacuated, burned, or otherwise affected by active wildfires:

With a union contract, you have “just cause” protection, meaning you should not be disciplined at work for reasonably having to deal with a circumstance outside of your control like a wildfire that affects your home, work, or commute to work

• Make sure to invoke your right to union representation if you are called into a meeting that could lead to discipline (we call these “Weingarten Rights” — read more here)

Workplace Safety for Wildfire Smoke

You have the right to a safe workplace, and if wildfire smoke makes your workplace unhealthy for you, you should be able to address that with your employer and get support from your Shop Steward and/or Union Rep.

MASKS

• You can wear a respirator mask at work that helps protect you against wildfire smoke.

• Most masks we wear to protect against COVID do not actually protect against wildfire smoke. The right mask to protect against wildfire smoke is an N95 mask or other respirator with the same or higher level of protection. These respirator masks should have two straps and the word “NIOSH” and/or “N95” or “N100” printed on it.

EXPOSURE TO SMOKE

• When the air is smoky, your employer should allow workers to follow basic steps that will help prevent excessive exposure to wildfire smoke—that could include things like reassigning workers to less smoky areas or allowing for extra rest and water breaks away from smoky work areas.

MEDICAL LEAVE AND ACCOMMODATIONS

• If you or a family member gets sick because of wildfire smoke, you have the right to use Paid Sick & Safe Leave for illness

• You may also be able to use your Paid Sick & Safe Leave if your child’s school or place of care, or your worksite has been shut down by a public official due to health-related reasons resulting from exposure to wildfire smoke

• If you are vulnerable to smoky air due to an existing medical condition, talk to your health care provider about your workplace and see if they have recommendations for how to keep you safe from smoke exposure. Use FMLA if needed, or exercise your disability rights under the ADA.

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General Wildfire and Smoke Information and Resources

• Airnow.gov Federal Air Quality Information

• Washington State Air Quality Map

• L&I Information on Worker Health and Smoke/Air Quality

• Department of Health Information & FAQ on Smoke from Wildfires

• How to Keep Indoor Air Clean at Home on Smoky Days (King County Public Health)

• Spokane Regional Health District: Get the Facts About Wildfire Smoke

• Washington Smoke Blog

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.

Collective bargaining agreements, or contracts, may define a grievance in several ways. A grievance is a legal process where your union can make an objection to the Employer when it is determined that the company may have violated your CBA. Many contract grievance procedures make it possible to grieve violations of state, municipal and federal law, company rules or policies, unfair or disparate treatment of workers, and “past practice”. Look at your contract to find the definition of a grievance as it applies in your workplace. If the terms of the CBA are violated, you can work with your union representative to investigate and determine if filing a grievance is appropriate.

 If you wish the Union to assist you in filing a grievance, you must have a conversation about the alleged CBA violation with a UFCW 3000 union representative. This could be your Union Representative for your work location, or this could be a Member Resource Center Representative. In order to make sure UFCW 3000 has all the information necessary to initiate the grievance process, grievances will only be accepted through a conversation in person or over the phone. Grievances will not be accepted through any other forms of communication, including but not limited to email, text message, and online communication through platforms like Facebook, and Twitter.

Member Resource Center (MRC) Representative not only assist in determining whether the Employer has violated the CBA, but when a grievance is filed, they will assist in the processing of the grievance. The grievance process includes step meetings with the Employer where the parties attempt to resolve any dispute. In some cases, arbitration is necessary when the grievance is not resolved or withdrawn. You must file and advance a grievance based on timelines within your contract. If you miss a timeline your grievance may not be able to be filed. If you think your contract has been violated, contact the MRC immediately to avoid missing a timeline.

If you believe your CBA has been violated, please contact the UFCW Member Resource Center at 1-866-210-3000.

"The MRC has helped me tremendously during a very tough time being an advocate for my family health issues and as a health care employee at the same time!"- Susan Mayer, Cook at St. Michael’s Medical Center

“I have been working with QFC for over 23 years and found out I needed help from our union.  The union came up to bat for me and helped me so much through the grievance process.  From the support of my coworkers and customers I am back to work.”- Phonesith Keopanya, Checker, QFC #819

UFCW 3000 Podcast Episode 3: More to Know, More to Learn, More to Teach: UFCW 3000’s Education Department

How do you become a shop steward, anyway? Why should you bother getting training on your union rights? Why does a union workplace feel different than non-union ones? Michaela meets with UFCW 3000’s Education Director Marc to discuss all the ways members can get more involved in their union, take on leadership roles in the workplace, and get training and education that makes our union stronger.

 UFCW 3000 union shop steward Michaela is always ready to answer fellow members’ questions about their union. She’s also a devoted murder podcast listener. Put those interests together, and she decided to start a union podcast to get all her coworkers’ questions and her own questions answered, and to meet as many people as possible who could share what it means to be a part of UFCW 3000. (No murder on this podcast, only solidarity!)

*The information shared on this podcast is offered by rank and file union member leaders of UFCW 3000. There may be inaccuracies or misstatements shared, as members will be speaking from the lenses of their perspectives and life experiences. While members are doing their best to share good information, we can make no claims to 100% accuracy and this podcast should not be construed as legal advice.