From the President's Desk

Contract Negotiations have arrived. Union members and their families have been looking forward to this. Negotiations can bring challenges because your Company wants to increase profits, reduce costs, have little to no rules, and unfortunately, they also focus on labor costs. Union workers see this as an opportunity to make needed improvements and higher wages to make ends meet and get by in tough times. Your Union feels that the workers are responsible for the profits and your Company needs to share some of those profits with you. Your Union team is skilled and experienced in this complex process of Collective Bargaining. We will keep you updated, but you must read what we send you and focus on encouraging your co-workers. If you have any questions, please contact your Union Rep for clarification so we can keep the negotiating process positive and moving toward a better contract.

Your Employer will focus on competition, needing flexibility, and less Union restrictions. Everyone knows their real concerns are profits and lowest labor costs. Do not get me wrong!  We want your Company to succeed and they are, but we want them to share more of their profits with the workers who make it happen.

Union members will need to be informed and may need to come together at various times to demonstrate and show these Employers you are serious about making well deserved gains, and fighting off Company flexibility that results in less hours.

To keep workers informed, your Union will be using a combination of methods to reach all of our members. These include this web site, UFCW 1564 facebook page, text messaging, as well as mail. In addition, we have workers from various stores and your Union Reps so they can also update you in person. I would encourage each of you to stay informed during negotiations because we are going up against Employers who are not looking out for your best interest.

Workers want to be treated fairly. Workers want more hours and full-time jobs. Workers want sick pay so they do not have to decide between going to work sick or going without a pay check. Workers want to be recognized for providing food to shoppers during holidays by being paid a holiday premium and holiday pay for the same holidays. Workers want to address vacation pay, the process of selecting it, and the decision if they want the pay or time off. Workers want raises and improved pension benefits. Workers want a grievance procedure that benefits the grieved. Workers want to share in the success of their Employer. It is time we get ready to make a difference!

Standing Together

We recently lost a twelve-year Union member who was a great man and loved by his fellow employees and community, due to a robbery on February 11, 2018 at the Smith’s Fuel Center in Edgewood, New Mexico.   While the details of exactly what took place have not been released, the Union is involved in the investigation and findings by OSHA.  I felt the urgency to remind you that no life is worth risking for your Company.  Let the perpetrator(s) have all the money or take the product without confrontation from any Union member.  This includes Customer Service Managers, Head Clerks, or Department Heads.   The Store Director and their Assistants can chase, wrestle and confront these criminals, or management can hire adequate guards. 

No UFCW Member should ever approach, apprehend or chase a shoplifter.  It is not your job, and as a Union member, you have the right to refuse a direct order if it will cause you harm or danger under OSHA regulations.  You have a Union that will fight for your job and your rights if you get any discipline for not helping out or risking your own well-being. 

We see Union members get written up, suspended and/or terminated for tackling, chasing and apprehending shoplifters.  You do not have permission to help your management hold or apprehend an individual or thief.  You should never be asked or be expected to help out, and if you are asked, REFUSE.  Your Employer will not want be liable for your injury or death, and they will write you up, suspend, or terminate you if you do anything other than report the crime.   All of you have signed off on a form that states you are aware of this rule.   Your obligation is to report the event to management as soon as your safety allows.  

Unfortunately, we are all living in times of drug-fueled crimes and all of us need to be alert and play it safe.  

Fraternally yours,

Greg Frazier
UFCW 1564 President

In 2010, a retail grocery employee working in the back room of a grocery store in Colorado was killed after being toppled with falling pallets of bottled water. The Occupational Safety and Health Administration (OSHA) investigated the accident and determined that each of the double stacked pallets of water contained 72 cases of 24 half-liter bottles. Palletized bottled water is especially dangerous because of the high volume moved, heavy weight involved and increasingly thin plastic bottles causing cases to be unstable. The problem is more and more grocery back rooms are stocking up towards the ceiling in the back room, putting employees, and sometimes customers to navigate some dangerous terrain.

Your Union staff has begun steps to become OSHA certified/licensed, which requires completing multiple days of training. We have also begun notifying management of unsafe conditions that need to be fixed NOW!

Employees have protected rights under OSHA and the National Labor Relations Act with regards to unsafe working conditions. Clearly reporting the same, or even refusing to work in what you believe in reasonably good faith, are immediate and substantially unsafe conditions where you may suffer risk of serious physical injury or death, are protected under both of these federal statutes. However, you can only refuse to do that work if you have brought the unsafe condition to the attention of the Company and it has refused to remedy the situation.

COMMON SAFETY CONCERNS THAT NEED IMMEDIATE ATTENTION:

fire exits, electrical and circuit breaker panels blocked and unreachable, pallets stacked higher than six (6) feet, double stacked water pallets, soda pallets stacked as high as the ceiling, wooden and plastic pallets stacked to the ceiling, overloaded pallets, pallets improperly packaged or unsupported which were literally toppling over, over stacking of merchandise in a clearly unsafe manner, over loading of six wheelers, and issues with the meat lugs. In addition, we were made aware that not all employees who are required to use the hand jacks and power jacks are properly trained and certified. Some stores need power jacks due to the weight of the pallets being moved.

We need your help in alerting management and the Union if you see or know of something unsafe.

New Mexico UFCW retail workers have tried for years to obtain sick leave and Grocery Employers have rejected it time and time again because of profits over employee needs.   Workers having to choose between coming to work sick and not having financial needs met, coupled with voters not wanting to get sick, have led to five states passing laws providing sick leave benefits in the last two years (California, Oregon, Vermont, Connecticut, and Massachusetts).  

Albuquerque voters may get the opportunity to vote on an earned sick leave benefit in the upcoming election on October 3^rd.   If passed, this would require Albuquerque employers to provide paid sick time off to workers.   While this vote outcome would only apply within the Albuquerque city limits, it opens up the ability to obtain a sick benefit on a state level and also in contract negotiations with your Employer in 2018.

In May, 2016, workers and various worker groups including your UFCW Union, began circulating a petition to registered voters asking that Earned Sick Day’s be placed on the 2016 General Election Ballot in Albuquerque so voters could vote on earned sick pay.  The Business Coalition Group made up of Companies and other special interest groups, came together against the idea of placing this on the ballot and started the campaign lobbying against sick pay.  Unfortunately, the Bernalillo County Commission voted to push it back a full year to the 2017 city election.   Recently another pro-company group, the Association of Commerce and Industry, filed a law suit to have the initiative taken off the ballot entirely.  We should know the outcome of that law suit around August of this year and encourage you to do everything possible to vote this into law. 

WHAT CAN YOU DO TO GAIN PAID SICK DAYS?

·         CONTACT FRIENDS AND FAMILY LIVING IN ALBUQUERQUE TO REGISTER TO VOTE!

·         TALK WITH FAMILY, FRIENDS, AND CO-WORKERS ABOUT VOTING FOR EARNED SICK PAY!

·         REGISTER TO VOTE!

·         MAKE TIME TO VOTE EARLY OR ON ELECTION DAY!

At the writing of this article we have begun arbitration with Smith’s regarding paid rest breaks.  Conditions exist that has led to employees either not getting or asking for their free time. 

Over the course of years at Smith’s, and across our country, work productivity has increased dramatically.  This is measured by the United States Department of Labor, Bureau of Labor Statistics.  Americans are working harder and that means employees are being required to do more work.  At the same time labor costs, computer scheduling, and time tracking of each job function has become part of the retail industry due to technology.  The Result:  more work, less help and more pressure to get the work done under these terms have eroded paid rest breaks.  Most union members who are familiar with their union contract, know they get a paid rest break.  These workers are not afraid to ask for a break and also ask a second and third time if the first request failed.  These union members know that Smith’s agreed to be responsible for assuring that workers get their breaks.  Unfortunately, new and more timid employees do not even bother to ask for a paid rest break because the work schedule does not allow one, they do not want to upset their manager, or because there is no one in their department who can cover the work load and handle the customers.  We also have members going on break, but being called back to their work stations, which causes the breaks to be interrupted.  Some members know that if your break is interrupted you can restart your break because you are entitled to an uninterrupted rest period. 

The contract language, past practice, and intent of the Union contract language requires Smith’s to make sure each employee is getting or taking a paid rest break.  Smith’s controls the schedule and therefore, has the power to assure each employee gets their paid rest break.  Smith’s has done this for years on the front end, with the use of a chart/card for the courtesy clerks and cashiers.  They need to do the same for the fuel center clerks, customer service booth, bakery, deli, and other departments.  By adding some folks and additional hours into the schedule, they can adhere to the language and responsibility they agreed to in the contract. 

So what is the big deal about taking or not taking a break?  Rest breaks actually reduce work related injuries.  In addition, a rested and fed worker can complete and perform their job duties more effectively. 

These Smith’s workers took time out of their day to testify about rest break conditions before the Arbitrator:  Crystal Gallegos, Jessica Olona, Catalina Garcia, Susan Miller, Darlene Gutierrez, Mary Shelton, Amanda Sanchez and Marcial Sanchez.  

I feel confident the arbitrator will rule in favor of the overworked and under scheduled workers, but in the meantime regardless who you work for, do not give up your rest break.  Keep asking and let your union work for you if you are not getting your paid rest break, because it is your free time.   

Thanks,

Greg Frazier
President
UFCW 1564

If you live in Bernalillo, Sandoval, Torrance or Valencia County and your family is currently enrolled in the UFCW Health Insurance please read this important letter.   If you live outside of these four counties you should stop reading this as there is no change in your provider or administrator.  The UFCW & Employers Health and Welfare Arizona contract with Presbyterian will stop on June 30, 2016, due to Presbyterian cancelling the contract over their increased fee structure not being agreed to.      

Effective July 1, 2016 Cigna will replace Presbyterian as the In-Network service provider for your UFCW Health Fund in Bernalillo, Sandoval, Torrance and Valencia counties.  The Cigna network has over 1 million provider locations including Presbyterian and UNM so you can continue with a Presbyterian Doctor or Hospital.   This change also allows those in the four counties to pick up UNM.

For claims and matters prior to July 1, 2016 you will still contact Presbyterian at 855-271-7737 for billing questions.   For claims after July 1, 2016, benefit questions, disability pay, monthly eligibility, and other related questions please contact Southwest Service Administrators (SSA) at 1-800-474-3485.  SSA also has an office located in Albuquerque at 2300 Buena Vista SE, Suite #127.   If you are currently enrolled for health benefits please be looking for a lengthy notice from your Health fund providing more details and specifics about these changes along with a piece of paper that will serve as a temporary ID card until your actual ID card arrives.  Only those enrolled will receive these notices.       

There has been no reductions or changes to your benefit levels, prescriptions, dental, disability, or co-insurance.  There has however been some improvements that you may enjoy:

• 24 Hour Nurse line
• Case Management and Maternity Support
• Discounts on health and wellness at over 15,000 fitness facilities

While we are seeking a smooth transition, most changes have glitches, which could lead to some confusion over deductibles and accumulated totals met during the first six months of 2016.  Our side is working hard to minimize these problems.  Your union is here to assist you in any way possible.  If you have questions or trouble, please don’t hesitate to contact your Union office or Union Representative.  We are here to help.

Thirty-nine Safeway employees got a very welcoming gift the week before Christmas.  These thirty-nine (39) Union members were made whole for the hours they lost to a Courtesy Clerk by Safeway’s actions.  The top five back pay amounts in this award was $3,806, $1,558, $1,435, $1,310, and $823.  The average amount of each check was about $177.

Union Safeway members in Farmington and Aztec banded together to protect their work and the work of Courtesy Clerks.  The Union pursued multiple arbitrations on stopping the problem and getting those hurt, made whole.  In November of 2013 the late Arbitrator, Ed Render upheld the Union’s Grievance that Safeway violated the contract by assigning courtesy Clerks to job duties that were not spelled out in the contract.  Safeway had begun using Courtesy Clerks to work as clerks and fill temporary vacancies or reduced hours.  Safeway argued the contract allowed them to use courtesy clerks, because no one else was available and that they had no choice due to the Mother’s day holiday.  The late arbitrator Ed Render, didn’t buy it, and informed Safeway they were in violation of the contract and ordered the parties to go into settlement discussions to resolve the contract violations of using Courtesy Clerks to perform clerk duties. 

Safeway and the Union were unable to come to terms on what this remedy should be, and arbitrator Ed Render passed away, so a second arbitration was scheduled before Arbitrator Myron Roomkin.  The Union once again prevailed and the arbitrator ordered Safeway to produce large amounts of documents so the Union could properly discover who was effected and reach a remedy.    Safeway produced several boxes of documents, and it took the Union many months to go through the documents and determine who was eligible for the remedy, and who should be made whole.

This is a beautiful example of how the Union fights to protect hours, work, benefits and help the injured employees get paid.   Courtesy Clerks have begun getting promoted, as they should have been.   For just over a year Safeway clerks documented violations, they kept detailed records, came to testify at the arbitration, and enjoyed the rewards of back pay.  It goes back to the ever powerful point of the Union, “It doesn’t cost to be Union, it Pay’s.  

Thanks,
Greg Frazier
President
UFCW 1564

This is a good time to revisit and give a brief overview of recent changes.  For those of you enrolled with health care this year you may know of these changes, since the health fund sends out notices, but its information worth repeating.   Health care and plan design changes will continue to change for years to come, as the Affordable Care Act (ACA), which began in 2010 rolls out to full form in 2022.  Health funds have needed to absorb adding coverage, extending annual limits, providing coverage for preventative measures at 100%, paying fees to fund ACA, and the upcoming Cadillac Tax in 2018 in naming a few.  Right before the ACA took shape, we also entered an era where medical technology was vastly increasing.   Robots are preforming surgeries, and prescription injectables are treating conditions not treatable before, and of course the costs for these injectables and added technology are extremely high and unaffordable to the participants or the health funds. 

Then we have the Affordable Care Act (ACA) which became law in 2010 and has new requirements for  Funds and now penalties to Americans that don’t enroll for health care each year.  For 2015, the annual penalty will increase to $325 per adult and $162.50 per child, with a maximum of $975 per family or 2 percent of AGI exceeding deductions and exemptions.  In 2016, it will be $695 per adult and $347.50 per child, with a maximum penalty of $2,085 per family, or 2.5 percent of AGI exceeding deductions and exemptions.  Successive years will see the penalty increase at a rate indexed to inflation.  We must now all make sure that we have coverage from somewhere or pay a penalty.  We had members fail to enroll and send in the requested information before the deadline.  

Please remember that each year you will need to make sure that your papers are received by you, and then you need to make sure the administrator received your papers before the enrollment deadline.  No longer can anyone afford to just assume it’s done. 

Speaking on administrator, the NM UFCW Fund changed fund administrators on March 1, 2015 from Zenith Administrators to Southwest Service Administrators.  Some of you may remember that Southwest Service Administrators is not new to the New Mexico fund.  Southwest Services has been administering the Arizona UFCW plan since 1995.   On March 1, 2015 New Mexico participants had their benefits mirror the Arizona level of benefits, and added some new services and providers, which I will detail down below.  The change of administrators and the Arizona level of benefits was to get us on target to merge the NM UFCW and Employers H&W Trust Fund with the Arizona UFCW and Employers H&W Trust Fund on July 1, 2015.  

Here is a list of some new Providers and programs that are being rolled out along with their contact information:

Southwest Service Administrators- disability payments, eligibility, diabetic supplies thru One Source Medical Group, Process medical claims for Blue Cross Blue Shield.  www.ssatpa.com, 800-474-3485.

Presbyterian - Process claims for employees living in the following counties: Bernalillo, Torrance, Sandoval, and Valencia. 

VSP-  Vision benefits - Visit a VSP doctor provider for an exam, frames, lenses, or contacts for a $0 Copay every 12 months.  There is a charge for Lens enhancements such as progressive lenses etc.   Visit www.vsp.com or call 800-877-7195.  VSP is our new vision benefits provider effective March 1, 2015.

DIABETIC SUPPLIES-  Effective 3/1/15 the new program of benefits has an enhanced option for certain diabetic supplies (including glucometers and kits; testing strips; syringes; insulin pumps; alcohol swabs; but not insulin).  The plan provides 100% coverage for diabetic supplies purchased through One Health.  One Health is a mail order service.  One Health can be contacted at 1-877-316-2460.  You can still purchase diabetic supplies through a provider other than One Health, but you will be subject to normal deductible and co-payment. 

Employee Member Assistance Program-  Effective 5/1/15 eligible members can call and talk with a professional about problems.  The EMAP is a confidential support service and referral program for eligible participants of the Plan.  It is designed to help you and your family with personal issues including, but not limited to, concerns around marriage/family, parenting, workplace issues, alcohol/drug use and abuse, stress/anxiety, grief and depression.  Please contact HMC Health Works for referrals, benefit information, authorization and other assistance toll-free at 1-877-730-0123. 

Catamaran Market Priced Drug Program – Effective 4/1/15 the new MPD program began to help you and your doctor identify lower cost prescription drugs for treating some very common health conditions.  Lower priced drugs are called “Preferred” drugs under the MPD program.  The use of a “Non-Preferred Drug” will cost you and the fund more money.  This amount will be in addition to your co-payment.  In the event your doctor determines that the “Preferred drug” does not work for you, the doctor can file a MPD exception request form to have you continue using the “Non-Preferred drug”, and if this exception is approved you would not pay the additional costs for using a “Non-Preferred Drug”. 

Balance for Life – Effective 6/1/15 Participants in Plans A and Plan B will need to begin the process of Balance for Life Wellness Program.  This Process involves up to three actions for some participants.  Participants include member and spouse (if enrolled).  Many of these tests will be considered preventative and covered at 100 percent. 

Action 1:  Register on the “Balance for Life New Mexico” Portal.   Go to the www.balanceforlifenm.hmchealthworksco.com website or call them at 888-369-5049 and provide your current contact information and provide your primary doctor’s contact information.   After you complete the registration the system will walk you through printing a custom Balance for Life Screening Form which will be needed for Action 2.

Action 2:  Get a Physical, Biometric Screening, and Preventive Care Tests.  Take the Screening Form to your doctor and ask them to complete the form and mail or fax it to the address on the form.  If you have had these tests done since November 1, 2014 you could just have your doctor fill out the form and mail or fax it to the address on the form.  Requirements for this will include blood pressure, lipid panel, and glucose level to name a few.  Based upon age and sex your physician may determine you need a mammogram, Pap Smear, Prostate Exam, Colorectal Screening, TSH, or Complete Blood Count. 

Action 3:  If you or your enrolled spouse has one of the following chronic conditions you will be required to participate in phone calls with a Nurse Educator or Wellness Coach; Diabetes, Asthma / COPD, Low Back Pain, Congestive Heart Failure, Coronary Artery Disease, Hypertension (High Blood Pressure), Hyperlipidemia (High Cholesterol).  

Fraternally yours,

Greg Frazier
President

Well it did not take New Mexico UFCW members long to realize that workers already have the right to work, and the misleading Right-to-Work legislation is nothing more than another push by Corporate America, and wealthy special interest groups to widen the prosperity gap even further between the top 1% and the remaining 99%.  Groups such as the Chamber of Commerce, Home Builders Association, Koch Brothers, Governor Martinez, and many wealthy business owners, are pushing for this legislation because it benefits them, not the working middle class New Mexico Citizens.  The average worker in states with “Right-to-Work” laws makes $1,540 a year less when accounting for cost of living in each state.  Median household income in states with these laws is $6,437 less than in other states.

UFCW 1564 was the leader in Santa Fe in seeing this anti-worker legislation exposed and defeated. UFCW Local 1564 members wrote over 1,400 handwritten letters to their legislator, submitted over 800 hand delivered post cards, lobbied Senators and House Representatives at the Capitol, walked neighborhoods, phone called their legislator, and spoke at every hearing held in the House and Senate, all in an effort to combat the untruthful information that Right-to-Work would increase jobs or the economy in New Mexico. Did you know that eight of the twelve states with the highest unemployment rates are Right-to-Work states?

Right-to-Work is simply a race to the bottom as it weakens the middle class, lowers wages, pension benefits, health benefits and even lowers safety standards for workers, which is why workers in Right-to-Work states have higher work fatality rates. Right-to-Work states have higher unemployment rates. Did you know that eight of the twelve states with the highest unemployment rates are Right-to-Work states?  Right-to-Work is a confusing, complicating and unnecessary piece of legislation that  CEOs and Corporate America is pushing in our country.

Right-to-Work limits collective bargaining rights, and hurts everyday heroes we count on like firefighters, nurses, and teachers.  By making it harder for workers to join together to collectively bargain for needed emergency equipment, safe patient staffing ratios in hospitals, smaller class sizes and school safety, our communities suffer.  Of the 10 states with the least spending on public services, eight are Right-to-Work states.  And of the 10 states that spend the least on public education, nine are Right-to-Work states.   (Kaiser Family Foundation, National Association of State Budget Officers, Governing Magazine 2013).

The Middle Class is the life blood of our economy and without them our economy suffers drastically. Middle class workers fuel our communities, drive our economy, and shape the future. Workers need good paying jobs to put money back into their community. But too many of us are struggling, worrying about retirement, worrying about our jobs, wishing we had time for the things that matter. We need politicians focused on our needs, not the needs of CEOs who only care about their profits and bonuses. Senate Majority Leader Michael Sanchez is a hero to the working Middle class families of New Mexico. During the sixty day session Senate Majority Leader Michael Sanchez endured every sort of retaliation and threat from Governor Martinez and the anti-worker media. It was the Democratic Senators that saved our great state.

Governor Martinez is not a friend of organized labor.  Her interests and actions in regards to labor are very far from the working middle class and union households. UFCW members are thankful for the Democrat Senators that stood strong and kept our state from being a highlight in our Governor’s resume for her future political endeavors. We are preparing for another big push by the Governor to make New Mexico an anti-worker state in the upcoming 2016 legislature.

Special thanks to all the UFCW members that took the time to write a letter, deliver a post card, lobby in Santa Fe, make a phone call, or attend a hearing.  The work has only just begun and we look forward to your continued support and help.

Fraternally Yours,