Q: What is a strike?
A: A strike is when workers collectively withhold their labor by refusing to work, either for a fixed time or until their demands are met.
Q: Why would we strike?
A: Strikes are the most powerful way for workers to affect change in the workplace. After two years at the bargaining table, New Seasons has shown they will not act in good faith unless we force them to. In September when we chose to strike over multiple Unfair Labor Practice (ULPs), including their bad faith bargaining, management conceded massively at the table and we had our best bargaining session yet.
Management has started to stall again at the table and continues to commit more ULPs. By voting for a strike now, we prove to New Seasons that we are committed to doing what it takes to stand up for our rights in the workplace and win a fair contract.
Our goal in this is not to strike, but we need to be prepared to react to a changing situation and hold the company accountable.
Q: Why is this vote being called for now?
A: We are entering two incredibly important periods in this contract fight - economic negotiations, and the holidays. We need to be prepared to respond to whatever happens. If the company continues to commit Unfair Labor Practices or to stall at the bargaining table, we need to be ready to act. By voting to approve a strike now, we will show the company that we are unified and ready to fight for the contract we deserve.
Q: What is an Unfair Labor Practice (ULP)?
A: An Unfair Labor Practice is an illegal act by an employer that violates the legal rights of employees such as making unilateral changes without bargaining, discriminating against union employees, threatening or disciplining employees for participating in union activity, interfering with an employee’s right to a union steward, or retaliating against employees that chose to unionize etc. NSLU has had to file over 50 ULP charges against New Seasons Market.
Q: When would we strike and how long would the strike be?
A: This vote would allow the Steering Committee to call a strike if the situation called for it. The eventual timing and duration of the strike would be determined by the exact circumstances leading to a strike.
Q: What about the company’s offer of a holiday bonus?
A: New Seasons made an offer of bonus double pay for those working the day before Thanksgiving and Christmas in exchange for an agreement not to strike during the holidays. While we could all use the bonus pay, this offer is inadequate in comparison to what we truly need - a contract that secures living wages and guarantees our rights in the workplace everyday of the year. By making this offer, New Seasons signaled that they are afraid of the immense leverage that a strike threat holds during a high sales period like the holidays. They made this offer because they know that what we stand to win in a contract far outweighs any temporary bribes they are willing to put across the table.
Q: How long will the strike voting be open?
A: The strike authorization vote will be open for fourteen days. Voting will open on Monday October 28th and close at 11:59 PM on November 11th.
Q: Where can I vote?
A: This vote will be a secret ballot election administered for NSLU by a third-party vendor called OPAVote. You will get an email from OPAVote with your link and code to vote. If you do not receive this email by October 28th, please contact your store’s chapter representatives, or email nsluelections@gmail.com with your name and store. If you were hired after October 1st, you will need to request a ballot by emailing nsluelections@gmail.com with your name and store.
Q: What does a Yes vote mean? What does a No vote mean?
A: A Yes vote would authorize the Steering Committee to call a strike at any point for the next 90 days, if a majority of workers vote yes. If a majority of workers vote no, the Steering Committee will not have the authority to call a strike.
Discipline
Q: Can I get fired or disciplined for going on strike?
A: No. You are protected by federal laws that make it illegal to fire or discipline workers for engaging in concerted activity, including strikes. You cannot be disciplined for being absent during a lawful strike, even if you are on a final warning for attendance. For more information please visit https://www.nlrb.gov/strikes.
Q: I am a new employee. Can I get disciplined for participating?
A: No. You have the same rights as longer term employees. It would be illegal for NSM to retaliate against any employee.
Q: I am on a final attendance warning. Can I get disciplined for participating?
A: No. A strike is a protected absence. You have the federally protected right to strike. NSM cannot count missing work due to being on strike as an attendance violation. If any manager attempts to hold a fact-finding meeting or ask questions about a strike, please make sure to ask for a union steward. If a steward is not available that day you have the right to delay the meeting until a trained steward is available. If management denies your request for a steward, take notes and immediately report this to a steward after the meeting. It is illegal for management to retaliate against any workers participating in the strike.
Q: A manager starts to question me or threatens me with discipline about the strike. What should I do?
A: Tell a steward immediately. If a manager starts to question you, you should have a steward with you. Please make sure to ask for a union steward. If a steward is not available that day you have the right to delay the meeting until a trained steward is available. If management denies your request for a steward, take notes and immediately report this to a steward after the meeting. It is illegal for management to retaliate against any workers participating in the strike.
Q: NSM mentioned something about our last strike being an intermittent strike? Would our next strike be considered intermittent?
A: Striking multiple times is not the same as “intermittent striking”. The company previously brought up intermittent striking as a way to scare workers from striking, but no one was disciplined for participating in that strike. The best protection for workers is that we have a high participation strike.
For more information on intermittent striking you can look at the the current legal standard, Walmart, 368 NLRB No. 24 (2019), “work stoppages responding to distinct employer actions or issues, even if close in time, are simply not pursuant to a plan to strike intermittently for the same goal and are therefore protected.” The majority opinion went on to state, “we are certainly not suggesting that employees who go on strike cannot go on strike again based on even the same demands as the first. Deciding later that circumstances warrant going on another strike is fundamentally different” than a plan to strike intermittently.
Q: Could I miss out on holiday pay due to the strike?
A: It depends on when and how long a strike would be called for. Per the handbook: “To be eligible for holiday pay when stores are closed (Thanksgiving Day and Christmas Day), regular hourly staff must meet the following conditions:
1. Employed for six months or more
2. Must have worked at least one day during the holiday week”
Q: Can I use PTO for a strike?
A: No you cannot, unless you are already out sick or on some type of paid leave. Please do not report to a picket line if you are sick.
Q: Can I take a pre-approved vacation if it’s during the same time as a strike?
A: Yes, you can take approved vacation days and/or medical. You can join strike pickets during pre-approved vacation days.
Q: If we go on strike, do we still get paid?
A: You will not be paid by NSM for the hours you are on strike. Besides limited strike aid administered by NSLU (see below), the only compensation for going on strike is what we are able to get from the company when our demands are eventually met.
Q: I can't afford to miss a shift without PTO. How can I afford to go on strike?
A: While missing wages due to striking is a massive concern for many of us, we deserve wages that do not leave us financially precarious. Sacrificing pay in the short term to win a strong contract that secures wage gains for years is a brave choice that workers throughout history have made and won. We will do everything we can to support one another throughout any potential strike, and the union is working to secure additional financial funding, so that members experiencing direct financial hardship as a result of the strike can be paid.
Q: What strike aid is available?
A: NSLU has access to limited funds from the Coalition of Independent Unions (CIU) for members who may face hardship by missing work. If a strike is called we will have more details about applying for strike aid. Whatever the circumstances of a potential strike, applicants would be encouraged to request the least amount of funds necessary to meet their needs, so that we can make the most of the funding available to us.
For any additional questions, please speak to one of your store’s organizers, or email newseasonslaborunion@gmail.com
