This contract transcript is based on the original document located here. This page exists for convenience, and all queries important to your employment should refer directly to the original document.

Contract effective 5/8/2022 - 5/3/2025
(8/7/2022 - 8/2/2025 Snohomish County)

Agreement by and between ALLIED EMPLOYERS, INC and UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL NO. 3000

Chartered by UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO

Grocery (King and Snohomish Counties)

This Agreement is entered into by and between Allied Employers, Inc., referred to hereinafter as the “Employer,” and the United Food and Commercial Workers Union Local No. 3000, referred to hereinafter as the “Union.”

It is the intent and purpose of the Employer and the Union to promote and improve Labor Management relations between them and to set forth herein the basic terms of Agreement covering wages, hours and conditions of employment to be observed by the parties of this Agreement.

In consideration of the mutual promises and agreements between the parties hereto, and in consideration of their mutual desire in promoting the efficient conduct of business and in providing for the orderly settlement of disputes between them, the parties to this Agreement agree as follows:

1.1 Allied Employers, Inc. hereby recognizes United Food and Commercial Workers Union Local No. 3000 as the sole and exclusive Collective Bargaining Agency for a unit consisting of all employees employed in the Employer’s present and future grocery stores, including concessions under the direct control of the Employer party to this Agreement, located in King and Snohomish Counties, State of Washington, with respect to rates of pay, hours, and other conditions of employment except and excluding employees whose work is performed within a meat, culinary, prescription or bakery production department location of the retail establishment, supervisory employees within the meaning of the Labor Management Relations Act of 1947 as amended, and employees presently covered by a grocery contract between Allied Employers, Inc., and Teamsters Local No. 38 and employees coming under a grocery contract with Teamsters Local No. 38 pursuant to the application of the accretion clause. Subject to the preceding exclusions and the terms of Section 15.1 of Article 15, all work of handling and selling of merchandise in such retail stores covered by this Agreement shall be performed only by employees of the Employer within the unit referred to above for which United Food and Commercial Workers Union Local No. 3000 is recognized as the sole Collective Bargaining Agency by the Employers.

1.2 United Food and Commercial Workers Union Local No. 3000 for and on behalf of its members, hereby recognizes Allied Employers, Inc. as the sole and exclusive Collective Bargaining Agency for all Employers who are designated as parties to this Agreement.

1.3 Any Employer, which as of the execution of this Agreement, has authorized Allied Employers, Inc. to represent them shall continue to be bound by this Agreement for its duration even though such Employer may hereafter cancel or withdraw such authorization.

1.4 Bakery Joint Jurisdiction: For Departments opened or converted after November 16, 1984, the parties agree that the jurisdiction of the Bake-Off/Deli Department or Bake-Off Department will be shared jointly with UFCW No. 3000 and Bakery & Confectionery Workers Local #9, which allows for the complete interchangeability of duties and work assignments between Clerks and Bakery Union employees within the Bake-Off/Deli Department or Bake-Off Department. It is agreed with Local No. 3000 that the Bakers Union will be guaranteed a minimum of one (1) member in each shop. Both the Bakers and the Clerks agree that the Bake- Off/Deli Department or Bake-Off Department will be entitled to one (1) exempt employee who will not be required to be a member of either Local.

1. Definition of Bake-Off: A shop will be considered a Bake-Off covered under this Agreement if it is producing less than 45% of the product from scratch dough. If the Bake-Off is producing more than 45% of the product from scratch, the terms of the UFCW 3000 Grocery Clerks Agreement will apply to the Sales portion of the Department and the Bakery & Confectionery Local #9 In-Store contract will apply to the Production portion of the Department. Product produced from mixes will be considered made from scratch for purposes of this Agreement

2.1 Pursuant to and in conformance with Section 8(a)3 of the Labor Management Relations Act of 1947, as amended, it shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement shall, on the thirtieth (30th) day following the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Union. For the purpose of this Article, the execution date of this Agreement shall be considered as its effective date.

1. The tendering of initiation fee and periodic dues uniformly required as a condition of continued membership shall constitute good standing in the Union for the purpose of this Article.

2.2 The Employer shall discharge any employee as to whom the Union, through its authorized representative, delivers to the Employer’s Main Office a written notice that such employee is not in good standing in conformity with this Article. For the purpose of establishing uniform rules for the application of this paragraph of the Agreement, the parties agree as follows:

1. If a newly hired employee fails to apply for Union membership, or if an employee fails to comply with the requirements of continued membership as set forth above, the Union will serve a letter upon the Employer requesting that such employee be terminated.
2. Upon receipt of a letter requesting termination of an employee who has not complied with Article 2 of the Agreement, the Employer shall (on the same date, if the employee is working on that date) immediately notify such employee that if he/she has not complied with the Union membership requirements of Article 2 of the Agreement within 14 days from the date of written request for termination, his/her employment shall automatically be terminated.
3. The Union agrees to withdraw any letter of termination if an employee, with respect to whom such letter has been served, shall complete his membership requirements within the time limit specified in 2.2.1 and 2.2.2.
4. Whenever the Union requires the discharge of any employee in connection with the Union security clause of this Contract, the Union shall hold the Employer harmless and shall indemnify the Employer against loss, as a result of relying upon the direction of the Union in terminating any employee. The Employer agrees that when the Union notifies the Employer within three (3) days of the original notice, that the reason for the termination was a bona fide clerical error, the Employer will reinstate the employee to his former position on the next weekly schedule.

2.3 Each month, the Employer shall provide an electronic report of all new hires and terminations. Such report shall include the employees’ first name, middle initial and last name, social security number, phone number (home and/or cell), email (if available), store #/work location, department, job classification, wage rate, date of hire/rehire and/or date of termination.

Each quarter, the Employer shall provide an electronic report of all employees covered under the current bargaining agreement. Such report shall include the employees’ first name, middle initial and last name, social security number, address, phone number (home and/or cell), email (if available), store #/work location, department, job classification, wage rate, and date of hire/rehire.

2.4 No employee shall be disciplined or discharged except for just cause. The Employer shall be the judge of the competency and qualifications of his employees and shall make such judgment fairly. The Employer’s judgment is subject to review by an Arbitrator.

1. There exists one (1) 90-calendar day probationary period for new employees. If an employee is terminated during this probationary period, such terminations are not subject to Article 17 of this Agreement. This ninety (90) day period shall be extended by the amount of time the employee is absent from or unavailable for work due to medical reasons during the probationary period. The Employer must notify both the employee and the Union in writing, prior to the completion of the probationary period, of their intent to extend the probationary period.

2.5 No employee shall be discharged or discriminated against for any lawful Union activity, including performing service on a Union committee outside of business hours or for reporting to the Union the violation of any provisions of the Labor Agreement, providing such activities shall not interfere with the normal performance of the employee’s work.

2.6 The Employer agrees that it will not require any employee or prospective employee to take a polygraph (lie detector) test as a condition of employment or continued employment.

3.1 Attainment of Seniority

1. All employees shall attain seniority after ninety (90) calendar days with the Employer.
2. Upon completion of this period, seniority shall date back to the last date of hire.

3.2 Application of Seniority

1. Seniority shall be applicable on an individual store basis, except as otherwise provided for under Section 3.2.2, 3.3, and 3.4, and shall apply to the extent provided for in this Article.
2. An employee’s seniority shall not be broken in cases where the employee transfers to a different store with the same Employer within the geographic jurisdiction covered by the Collective Bargaining Agreements between the Employer and United Food and Commercial Workers Union Local No. 3000, United Food and Commercial Workers Union Local No. 367, and Teamsters Union Local No. 38.
3. When an employee is transferred by the Employer from another area, outside those listed in 3.2.2 above, the transferred employee shall retain all seniority rights with the Employer but shall be entitled to exercise such rights only after having worked in the bargaining unit for a minimum of ninety (90) calendar days.

3.3 Layoff

1. Where, on an individual store basis, there is a reduction of the number of employees holding seniority within such a store, the last employee hired shall be the first employee laid off, provided qualifications and ability are equal. The affected employee so reduced may displace the most junior employee of the Employer in the same classification, i.e., clerks, helper clerks and courtesy clerks, within the geographic jurisdiction covered by this Agreement, provided qualifications and ability are equal. A layoff is defined as two consecutive weeks that an employee is not shown on the weekly work schedule. In the event of a store closure, the affected employees shall be considered laid off at the time of the closure.

3.4 Rehire

1. Where there is an increase in the number of employees within a job classification, the last employee laid off by the Employer, within the geographic jurisdiction covered by this Agreement, will be the first employee rehired, provided qualifications and ability are equal. In the cases where two or more employees are laid off on the same day, the senior employee shall be the first rehired, provided qualifications and ability are equal.
2. Employees shall be required to inform the Employer in writing of their current address and phone number, and with the exception of temporary rehires, employees rehired in accordance with 3.4.1 shall be notified in writing to report to work.

3.5 Loss of Seniority

1. Except as otherwise provided for in Article 4 – Leave of Absence, seniority shall be broken and the employee’s service shall be terminated for the following reasons:
2. Voluntary quit;
3. Discharge in accordance with Section 2.4;
4. Absence caused by a layoff in excess of sixty (60) consecutive calendar days. Notwithstanding the above, employee(s) laid off due to the closure of their store will retain their seniority for one hundred twenty (120) consecutive calendar days, unless they fail to exercise their seniority with the Employer at their first opportunity; refuse to accept recall; and/or accepts employment with the purchaser.
5. Absence caused by an illness or non-occupational accident of more than nine (9) months;
6. Absence caused by an occupational accident of more than eighteen (18) consecutive months unless a longer period is agreed upon between the Employer and the Union;
7. Failure to report to work within seventy-two (72) hours following the postmark of the written notice referred to in Section 3.4.2 mailed to employee’s last known address; and,
8. Failure to report to work immediately following a Leave of Absence as provided for under Article 4.

3.6 Reduction of Hours

1. Regular employees shall not have their hours arbitrarily reduced for the purpose of increasing the working hours of regular part-time employees or assigning such hours to new hires or extra employees.

3.7 Available Hours

1. The Employer may arrange weekly work schedules to accommodate the needs of the business, and senior employees shall be offered the most weekly hours up to a maximum of forty (40) hours per week; provided qualifications and ability are equal; the senior employee is available to perform the work; and the employee has notified management in writing of his or her desire for additional hours of work. Nothing herein shall be construed as a guarantee of daily or weekly hours of work or pay for time not worked. It shall be the obligation of the Employer to promptly investigate alleged abuses upon presentation, and to rectify such abuses when justified within the meaning of this section.
2. The Employer agrees that the provisions of Section 3.7.1 shall not be applied in an arbitrary manner and the Employer shall, at the request of the Union, provide business reasons for the scheduling of employees in that given store.

3.8 Definitions

1. “Provided Qualifications and Ability are Equal” – It is understood and agreed that the term “provided qualifications and ability are equal” shall mean that if two (2) employees have the same qualifications and abilities, the senior employee has priority.

3.9 Liability

1. It is understood and agreed that the employee will not be entitled to request wages under the provisions of this Article except to the extent of time lost, commencing with the weekly work schedule next following receipt of the Union’s written notification to the Employer of the claim, in accordance with Article 17, provided that if less than three (3) days remain prior to the posting of the weekly work schedule in accordance with Section 5.9 when the Employer receives notification, the Employer’s liability, if any, for time lost shall commence with the second next work schedule and thereafter until resolved.

4.1 Employees with one (1) year or more of continuous service shall be entitled to a leave of absence without pay for the following bona fide reasons:

1. Bona fide illness or non-occupational injury which requires absence from work in excess of fourteen (14) calendar days.
2. Pregnancy.
3. Serious illness or injury in the employee’s immediate family.
4. A Doctor’s certificate verifying the absence must be furnished if requested by the Employer.

4.2 Leaves for personal reasons may be granted at the sole discretion of the Employer to employees regardless of length of service.

1. Union stewards may be granted up to two (2) unpaid days off per calendar year to attend Union functions. Only one (1) shop steward per store location may be granted this time off.
2. Upon request of the Union, leaves of absence without pay for Union business not to exceed nine (9) months may be granted by the Employer to employees regardless of length of service.

4.3 Any request for a leave of absence under the terms of Sections 4.1 and 4.2 shall be in writing and state the following information:

1. Reason for such request;
2. Date leave is to begin; and,
3. Date of return to work.

4.4 Any leave of absence, with the exception of Section 4.1.3 and 4.5, may run to a maximum of nine (9) months.

4.5 Leaves due to occupational injuries that result from employment with the current Employer regardless of length of service, shall be granted for a period up to eighteen (18) months unless a longer period is agreed upon between the Employer and the Union.

4.6 The employee must be qualified to resume his regular duties upon return to work from an approved leave of absence.

1. A doctor’s certificate verifying that the employee is able to resume his normal duties must be furnished if requested by the Employer.
2. The employee shall then return to the job previously held or to a job comparable with regard to rate of pay, on the first weekly schedule prepared after the Employer has received notice in writing of the employee’s availability.

4.7 Any employee who fails to return to work at the end of a leave of absence shall be terminated.

4.8 Any employee found to have abused the “leave of absence” by falsification or misrepresentation shall thereupon be subject to disciplinary action.

5.1 Forty (40) hours per week consisting of five (5) days of eight (8) consecutive hours each (exclusive of not more than one (1) hour out for lunch each day) shall constitute the basic straight-time workweek.

5.2 Holidays, either worked or not worked, shall not be considered as days worked for the purpose of computing weekly overtime except in the case of employees who normally work six (6) days per week, totaling at least forty-four (44) hours per week.

5.3 All hours worked in excess of eight (8) hours per day and forty (40) hours per week shall be paid for at the rate of time and one-half (1-1/2). Where six (6) days, Monday through Saturday are worked in any one-week, time and one-half (1-1/2) shall be paid for work on the day the least number of hours are worked.

5.4 A minimum of ten (10) hours shall be required between straight-time shifts. Otherwise, the premium of time and one-half (1-1/2) will be required for any hours that may be worked prior to the expiration of the ten (10) hour period.

5.5 Premium Work: Work performed by employees on any of the following days or between the hours specified below shall be considered as premium work and paid for according to the premium rates set forth herein.

1. Sunday Premium – Employees hired prior to December 3, 2010, shall receive time and one-third (1-1/3) the straight-time hourly rate for all hours worked on Sunday. Employees hired on or after December 3, 2010, shall receive $1.00 per hour over the employee’s regular straight-time wage rate for all hours worked on Sunday. The employee in charge of the store shall be paid fifty cents (50¢) per hour in addition to the applicable rate while in charge. However, any hour paid at time and one half (1×1/2) or greater on Sunday shall not count as a qualifying hour for daily or weekly overtime.
2. Any employee in charge of the store during the absence of the manager and assistant manager for a period of three (3) or more hours in a day shall be compensated in the amount of fifty cents (50¢) per hour additional while in charge when the store is open for business. This is to be in addition to any compensation including any overtime and/or premium applicable.
3. Holiday – Time worked on any holiday specified in this Agreement shall be paid for at time and one-half (1-1/2) the employee’s straight-time wage rate in addition to any holiday pay to which the employee is otherwise entitled to under Article 7. This clause does not apply to the employee’s personal holiday.
   1. Employees required to work after 6:00 P.M. on New Year’s Eve or Christmas Eve shall be entitled to time and one-half (1-1/2) for all hours worked after 6:00 P.M. on such days.
4. 6:00 P.M. to 9:00 P.M. – The employee’s regular rate of pay plus twenty cents (20¢) per hour. Schedules may be set for those employees designated to complete their shift at fifteen (15) minutes after 9:00 PM to facilitate closing the store, without the application of the premium set forth in Section 5.5.5.
5. 9:00 P.M. to 6:00 A.M. – The employee’s regular rate of pay plus fifty cents (50¢) per hour.
6. No Pyramiding – There shall be no compounding or pyramiding of premium pay and overtime pay and only the highest applicable rate shall be paid for an hour of work performed under this Agreement.

5.6 Rest Period: Employees shall be allowed a rest period of not less than ten minutes, on the Employer’s time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the mid-point of the work period. No employee shall be required to work more than three hours without a rest period.

1. Employees who work a freestanding five-hour shift (with no lunch) shall be

entitled to a fifteen-minutes rest period during the shift.

5.7 Store Meetings: Required store meetings shall be paid for at the straight-time hourly rate, and shall be considered time worked for the purpose of computing overtime in accordance with Article 5.3 of the Agreement. Article 5.4, 5.10, and 6.4 shall not apply to this provision.

1. Employees required to attend such meetings on their day off or who have been called back after an hour of off-duty time shall receive a minimum of a two (2) hour call-in for such meetings.

5.8 Wage Statements: The Employer agrees to furnish each employee, on regular established paydays, a wage statement showing the name of the employee, period covered, hours worked, rate of pay, total amount of wages paid and deductions made.

5.9 Work Schedules: The Employer recognizes the desirability of giving his employees as much notice as possible in the planning of their weekly schedules of work and, accordingly, agrees to post a work schedule in accordance with Letter of Understanding #11. It is understood that the work schedule may not be used to guarantee any specified number of hours of work to any employee and that the schedule may be changed in case of emergency; or by forty-eight (48) hours’ notice to the employee; or by mutual agreement between the Employer and the employee, provided however, no employee shall be discriminated against for failure to enter into such mutual agreement.

1. The weekly work schedule shall include the period designated as the meal periods required by this Agreement. Lunch hours shall be as close to the middle of the shift as possible.
2. If scheduled employees are required to work more than one-half (1/2) hour in excess of the posted schedule for that day, such employee shall be entitled to receive a thirty-five cent (35¢) per hour premium for all hours worked in excess of the posted schedule.
   1. This provision shall not apply if the additional scheduled hours were changed in accordance with the terms of Section 5.9.
   2. In the event the employee works more than eight (8) hours, the highest applicable premium shall apply and there shall be no compounding of premium and/or overtime pay.
   3. This provision shall not apply to Courtesy and Helper Clerks.
3. An Employer will utilize qualified employees from other classifications within a store, when available, to relieve checkers for lunch periods.

5.10 The Employer shall not schedule any employee for a split shift.

6.1 The classifications and hourly rates of pay shall be set forth in Appendix “A”, attached hereto and by this reference made a part hereof.

6.2 For the purpose of computing months of experience and determining length of service wage adjustments under Section 6.1 of this Article – One hundred seventy-three and one third (173-1/3) compensable hours of employment with the current Employer shall be counted as one (1) month’s experience provided that no employee shall be credited for more than one hundred seventy-three and one third (173-1/3) hours of experience in any one calendar month. All wage adjustments required by the application of this Section shall be effective on the following Sunday.

1. The apprentice pay bracket formula is based entirely on actual hours of comparable experience in the retail industry, experience which is absolutely essential for proper understanding of the responsibilities and satisfactory performance of the job or position. However, for those apprentices who go into the military service prior to becoming a Journeyman, such an employee will be re-employed at the next higher wage rate above his rate at the time of entry into the military service, if the employee applies for re-employment within ninety (90) days following discharge.
2. Employees who receive a certificate from a vocational school in cash register operations shall be credited with all classroom hours. This clause does not apply to employees working in the Bake-off/Deli or Bake-off department.

6.3 Where an employee is hired where comparable past experience is applicable, all past experience for an apprentice shall apply if the comparable past experience has been within two (2) years previous to employment. Past experience must be claimed by an employee on his or her employment application in order to claim wage adjustments for incorrect payment by the Employer. Applicable past experience is defined as comparable work performed in the retail grocery industry or comparable non-foods merchandise or past experience in retail work with the same Employer, whichever is greater.

1. Comparable past experience for employees who were formerly Journeypersons shall be applied as follows:
   
   Those employees have not worked for the past:
   0 - 2 years shall be considered Journeypersons
   2 - 3 years shall be considered Step 6 Apprentice
   3 - 4 years shall be considered Step 4 Apprentice
   Over 4 years shall be considered Step 1 Apprentice
2. This shall not preclude an Employer from hiring or paying employees at a scale in excess of the aforementioned brackets.

6.4 All employees, except those in the classification Courtesy Clerk and Helper Clerk, and except in cases of emergency beyond the Employer’s control or where the employee is unable to work four (4) hours on a particular day, shall receive not less than four (4) continuous hours work or equivalent compensation in any one (1) day ordered to report for work, compensation to begin at the time of reporting for duty.

1. Helper Clerk, when scheduled, shall be guaranteed a minimum of two (2) hours work, or equivalent compensation, Monday through Friday and four (4) hours work, or equivalent compensation, on Saturdays, Sundays and Holidays.

6.5 Employees who are employed in any of the classifications covered by this Agreement and who are temporarily assigned to the work of Relief Manager, shall be compensated for straight-time hours while so temporarily assigned at the Senior Journeyperson’s rate and overtime shall be paid at the rate of time and one-half (1-1/2) the Senior Journeyperson’s rate. This clause does not apply to employees working in the Bake-off/Deli or Bake-off department.

6.6 It is expressly understood that employees receiving more than the minimum compensation or enjoying more favorable working conditions than provided for in this Agreement, shall not suffer by reason of signing or adoption; however, the terms of this Agreement are intended to cover only minimums of wages and other employee benefits. The Employer may place superior wages and other employee benefits in effect and reduce the same to the minimum herein prescribed without the consent of the Union.

7.1 The following days shall be considered holidays for all employees who have been employed for ninety (90) consecutive calendar days (for employees hired on or after December 3, 2010, the initial wait for holiday eligibility shall be six consecutive months): New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

1. The holidays set forth in Section 7.1 shall be observed as holidays on the date established for each by Federal legislation.
2. Work on Christmas Day shall be on a voluntary basis, however, if there are insufficient volunteers, employees shall be scheduled on an inverse seniority basis.

7.2 Employees with one (1) year of continuous service with the Employer shall be entitled to a personal holiday. By mutual agreement between the Employer and employee, the employee may receive payment in lieu of such holiday in accordance with Section 7.3. Employees shall give the Employer a thirty (30) day notice prior to their personal holiday. The personal holiday shall not be carried over into the next year.

7.3 Employees, provided they normally work the hours as specified below, who work during the week in which the holiday occurs, and report for work their last scheduled working day preceding and their next scheduled working day immediately following the holiday, shall be paid for holidays, specified in Sections 7.1 and 7.2 of this Article, not worked on the following basis, provided that in any event if the preceding qualifications for holiday pay are met by the employee and he works thirty-two (32) or more hours in the holiday week he shall receive eight (8) hours of holiday pay.

1. Hours normally worked per week shall mean the employee’s average weekly hours for the last eight (8) weeks of work prior to the holiday (week) or date of hire, whichever is applicable.
2. The requirement to work sometime during the holiday week shall be waived when the involuntary absence is due to a bona fide illness or injury, provided that the employee has worked within the seven (7) calendar days preceding the holiday and within the seven (7) calendar days following the holiday.

7.4 Employees who qualify for holiday pay as specified in Section 7.3 of this Article shall be paid time and one-half (1-1/2) in addition to such holiday pay for work performed on holidays named in Section 7.1 of this Article. Employees who do not qualify for holidays pursuant to Section 7.3 of this Article shall receive time and one-half (1-1/2) for work performed on such holidays, provided, this shall not apply to the employee’s birthday.

7.5 Holidays, either worked or not worked, shall not be considered as days worked for the purpose of computing weekly overtime except in the case of employees who normally work six (6) days per week, totaling at least forty-four (44) hours per week. In the case of the personal holiday, the week in which the personal holiday is observed shall be considered as the holiday week.

8.1 All employees shall receive an annual vacation with pay based upon continuous work with their Employer as follows:

1 week after 1 year
2 weeks after 2 years
3 weeks after 5 years
4 weeks after 12 years

Any employee who works 2496 or more hours in a year shall receive an additional 2 days of vacation the following year.

Employees shall not be entitled to vacation for any year in which they work less than eight hundred (800) hours.

8.2 Calculate a “week of vacation” as follows: The number of hours paid for a “week” of vacation shall be calculated by taking the average weekly hours worked over the prior 12 months (up to a maximum of 40 hours per week). Vacation hours shall be paid at the employee’s regular straight time rate at the time the vacation hours are paid.

8.3 It is hereby understood and agreed that in computing “week of vacation” for employees who regularly appear on the payroll for thirty-two (32) or more hours per week, the terms of Section 8.2 of this Article shall be applied so that working time lost up to a maximum of one hundred sixty (160) hours due to temporary layoff, verified cases of sickness or accident, or other absence from work approved by the Employer (in addition to vacation and holiday time off earned and taken by the employee) shall be counted as time worked.

8.4 Employees who average twenty (20) hours or more per week, who terminate or are terminated (discharge for dishonesty excepted) after the first or any subsequent anniversary date of their employment and prior to their next anniversary date of employment shall be entitled to vacation pay at their straight-time hourly rate based upon the number of hours worked since the last anniversary date of their employment at the following rates for each full one hundred (100) hours worked: After the first (1st) to the fifth (5th) anniversary date, four (4) hours’ vacation pay; after the fifth (5th) to the twelfth (12th) anniversary date, six (6) hours’ vacation pay; and after the twelfth (12th) anniversary date, eight (8) hours’ vacation pay.

8.5 Vacation may not be waived by employees nor may extra pay be received for work during that period, provided however, that by prior mutual agreement between the Employer, employee and Union, this provision may be waived.

8.6 Employees whose vacations are scheduled during a holiday week shall receive holiday pay provided for under the terms of Article 7 of this Agreement, in addition to vacation pay.

8.7 The Employer agrees to pay earned vacation pay prior to vacation if requested by the employee on a timely basis.

8.8 All vacations shall be scheduled by seniority and all weeks of vacation may be taken separately or consecutively (up to three (3) weeks) at the sole discretion of the employee.

9.1 Employees, during each twelve (12) months following their last date of employment, (after the first (1st) and each succeeding year of continuous employment with their current Employer) shall be entitled, as set forth below, to paid sick leave at their current regular straight- time hourly rate for bona fide illness or injury off-the-job.

9.2 Sick leave pay shall be accrued by an employee depending upon the number of straight- time hours worked, including vacation and holiday hours, by the employee with his current Employer in each twelve (12) months as follows:

9.3 Sick leave pay, to the extent it has been earned, shall begin on the third (3rd) normally scheduled working day of illness or injury-off-the-job or the first (1st) normally scheduled working day, if the employee is hospitalized on such first (1st) day of illness thereafter or if the employee has a full sick leave bank (160 hours), and shall be in an amount per day equal to the average number of straight-time hours worked per day by the employee during the past twelve (12) months; provided, 1) the daily total of sick leave pay under this Article and disability payments provided by the Health and Welfare Plan shall not exceed the current regular straight- time rate for the employee’s average hours up to eight (8) hours per day; and, 2) not more than five (5) days’ sick leave pay shall be required in any one (1) workweek. For purposes of this Article, disabling outpatient surgery will be treated as hospitalization.

9.4 Sick leave pay shall be cumulative from year to year, but not to exceed a maximum of one hundred sixty (160) hours. Sick leave pay must be earned by employment with one Employer.

9.5 A doctor’s certificate or other authoritative verification of illness may be required by the Employer and, if so, must be presented by the employee not more than forty-eight (48) hours after return to work. If the employee is absent more that two (2) scheduled days, such verification must be presented prior to the employee’s return to work, provided the Employer has given reasonable advance notice.

1. The Employers agree that they will not automatically require doctor’s notes when employees call in sick.

9.6 Any employee found to have abused sick leave benefits by falsification or misrepresentation shall thereupon be subject to disciplinary action, reduction or elimination of sick leave benefits (including accumulated sick leave) and shall further restore to the Company amounts paid to such employee for the period of such absence or may be discharged by the Company for such falsification or misrepresentation.

9.7 Sick leave may be used to supplement Worker’s Compensation to the extent it has been accumulated; however, the total of sick leave pay, disability payment under any insurance plan, and Worker’s Compensation benefits paid to an employee in any calendar week shall not exceed the average earnings of the employee for the six (6) work weeks prior to his/her absence.

9.8 Family Leave – Employees shall be permitted family leave in accordance with RCW 49.12 on the same terms and conditions (including eligibility requirements) as provided in Section 9.1 through 9.7 above.

10.1 Employees with less than six (6) months of employment will be allowed time off without pay for death in the immediate family as defined below. After six (6) months of employment, employees who are regularly employed twenty (20) hours or more per week shall be allowed up to three (3) days off with pay for loss of their normal scheduled hours of work for death in the immediate family as defined below. Bereavement leave will be paid only with respect to a workday on which the employee would otherwise have worked and shall not apply to an employee’s scheduled days off, holidays, vacation, or any other day in which the employee would not, in any event, have worked. Scheduled days off will not be changed to avoid payment of bereavement leave. Bereavement leave shall be paid for at the employee’s regular straight-time hourly rate. Immediate family shall be defined as spouse, son, daughter, mother, father, mother-in- law, father-in-law (existing spouse), grandparents, brother, sister, stepchildren, grandchildren, current step-mother, current step-father, domestic partner, or relatives residing with the employee.

11.1 After their first (1st) year of employment, employees who are regularly employed twenty (20) hours or more per week who are called for service on a District Court, Superior Court, Municipal Court or Federal District Court jury shall be excused from work for the days on which they serve and shall be paid the difference between the fee they receive for such service and the amount of straight-time earnings lost by reason of such service up to a limit of eight (8) hours per day and forty (40) hours per week and one hundred twenty (120) hours within any calendar year; provided, however, an employee called for jury duty who is temporarily excused from attendance at court must report for work if sufficient time remains after such excuse to permit him to report to his place of work and work at least one-half (1/2) of his normal workday. Employees who have served a full day as juror, and who are scheduled to commence work after 5:00 P.M., shall not be required to report to work that day. In order to be eligible for such payments, the employee must furnish a written statement from the appropriate public official showing the date and time served and the amount of jury pay received. Employees may receive compensation on one (1) panel per year.

1. Witness Duty – Employees required to appear in court or in legal proceedings on behalf of their Employer during unscheduled hours, shall receive compensation at their regular straight-time hourly rate of pay only for the time spent in making such appearance, less any witness fees received. No other provision in this Agreement shall apply to this Section.
2. If an employee is required to appear on behalf of his/her Employer during regular scheduled hours, he/she shall receive compensation at their regular straight-time hourly rate of pay for the time spent in making such appearance, less any witness fees. In this event, these hours will be considered compensable hours under the terms of this Agreement.

12.1 Each Employer and the Union agrees to be bound by the terms and provisions of that certain Trust Agreement creating the Sound Health & Wellness Trust, initially executed June 18, 1957, and all subsequent revisions or amendments thereto. Each Employer accepts as his representatives for the purpose of this Trust Fund, the Employer Trustees serving on the Board of Trustees of said Trust Fund and their duly appointed successors. Each Employer and the Union also agree to be bound by the terms of the parties’ Health & Welfare and Pension Agreement and by all subsequent revisions or amendments thereto.

12.2 The Employers party to this Agreement shall continue to pay on a per compensable hour basis (maximum of one hundred and seventy-three (173) hours per calendar month per employee) into the Sound Health & Wellness Trust for the purpose of providing the employees with hospital, medical, surgical, vision, group life, accidental death and dismemberment, weekly indemnity benefits and dental benefits in accordance with the contribution rates and related provisions established by the separate Health and Welfare Agreement between Allied Employers, Inc., and various Local Unions dated April 1, 1977 and as subsequently amended.

12.3 The details of the benefit programs including a description of exact benefits to be provided, and the rules under which employees and their dependents shall be eligible for such benefits, shall be determined by the Trustees of the Sound Health & Wellness Trust in accordance with the terms and provisions of the Trust Agreement creating the Trust, dated June 18, 1957, and as may be subsequently amended.

12.4 The contribution referred to shall be computed monthly and the total amount due for each calendar month shall be remitted in a lump sum not later than twenty (20) days after the last day of the month in which the contributions were earned.

1. Notwithstanding the foregoing Section, the Board of Trustees of the Sound Health & Wellness Trust shall have the authority to establish and enforce a method for reporting contributions on an accounting period basis, rather than a calendar month basis. In such a case, the one hundred and seventy-three (173) hour maximum shall be appropriately adjusted, as directed by the Trustees, provided that in no event shall the Employer’s total obligation be different than what it would have been on a calendar month basis. Further, the total contributions due for each approved accounting period shall be remitted in a lump sum not later than twenty (20) days after the end of the accounting period.

12.5 The term “compensable hour” shall mean any hour for which any employee receives any compensation required by this Agreement.

13.1 All employees shall be covered under Washington State Workmen’s Industrial Accident Compensation or guaranteed equal coverage.

14.1 During the 2019 negotiations, the parties reached detailed pension agreements which are set forth in Attachment A-1 (Albertsons/Safeway) and Attachment A-2 (Kroger) to the parties’ Health & Welfare and Pension Agreement. The required employer hourly contributions are set forth in this Article below and in the parties’ pension agreements.

Each Employer and the Union agree to be bound by the terms and provisions of certain Trust Agreements creating the Sound Retirement Trust dated January 13, 1966, and as subsequently amended, and the Sound Variable Annuity Pension Trust. Further, each Employer accepts as his representatives, for the purpose of such Trust Fund, the Employer Trustees who will be appointed by Allied Employers, Inc., to serve on the Board of Trustees of said Trust Fund and their duly appointed successors. Each Employer and the Union also agree to be bound by the terms of the parties’ Health & Welfare and Pension Agreement.

14.2 All contributions shall be paid on compensable hours with a maximum of one hundred seventy-three (173) hours per calendar month per employee. The term “compensable hour” shall have the same meaning as set forth in Article 12.

14.3 The contribution referred to in Section 14.5 shall be computed monthly and the total amount due for each calendar month shall be remitted in a lump sum not later than twenty (20) days after the last day of the month.

1. The Board of Trustees of the Sound Retirement Trust shall have the authority to establish and enforce a method for reporting contributions on an accounting period basis, rather than a calendar month basis, provided that in no event shall the Employer’s total obligation be different than what it would have been on a calendar month basis. Further, the total contributions due for each approved accounting period shall be remitted in a lump sum not later than twenty (20) days after the end of the accounting period.

14.4 The provisions of Section 17.3 of Article 17 of this Agreement shall, in no way, apply to or affect the Employer’s obligation to pay contributions to this Trust Fund.

14.5 Sound Retirement Trust:

• Albertsons & Safeway Contributions: The Employer will continue to contribute to the Sound Retirement Trust at the rates stated in the chart below (including the fifty-five cents ($0.55) per hour offset per the Health & Welfare and Pension Agreement).

^† The pre-PPA supplemental contribution is based on the parties’ pension agreement.

• Kroger: Kroger’s contribution obligation to the Sound Retirement Trust ceased on the date of the transfer of assets and liabilities to the UFCW Consolidated Pension Fund per the Health & Welfare and Pension Agreement.

14.6 Sound VAP Trust Employer Contributions: Each employer will contribute 2.8 percent of salary per month for each eligible active participant to the VAP. Contributions will be made on behalf of current active employees and future newly hired employees in classifications for whom contributions have been made under the current collective bargaining agreement.

14.7 Pension Protection Act (“PPA”). This Agreement is to be subject to the 2019 Plan Year Rehabilitation Plan adopted by the Board of Trustees, as revised September 16, 2020.

15.1 The Employer shall not permit demonstrators, salesmen or other employees of a supplier to perform work of store clerks. Demonstrators assigned to a store by a supplier shall confine themselves to the particular items being demonstrated and wear clothing or carry some badge identifying them with the product or firm for which the demonstration is made.

15.2 All gowns, aprons and uniforms required by the Employer shall be furnished and kept in repair by the Employer and, except where the garment is of drip-dry materials, the Employer shall pay for laundering of same.

15.3 In the event any employee covered by this Agreement shall be called or conscripted for the Army, Navy, Marine Corps, or other branch of the United States Military Service, he shall retain, consistent with his physical and mental abilities, all seniority rights hereunder for the period of this Agreement or any renewal or extension thereof, provided application for re- employment is made within ninety (90) days after being honorably discharged from such military service, current law to govern at time of application.

15.4 It is the desire of both the Employer and the Union to avoid, wherever possible, the loss of working time by employees covered by this Agreement. All contacts will be handled so as to not interfere with the employee’s duties or with service to the customers.

15.5 The Union may issue a Union Store Card and/or Window decals to the Employer. Such Union store cards and decals are and shall remain the property of the United Food and Commercial Workers International Union, and the Employer agrees to surrender said Union Store Cards and/or decals to an authorized representative of the Union on demand in the event of failure by the Employer to observe the terms of this Agreement.

1. The Employer shall display such Union Store Cards and/or decals in conspicuous areas accessible to the public in each establishment covered by this Agreement.

15.6 The Employer shall furnish to the Union, on written request, a copy of the payroll records of all bargaining unit employees, but not more than one (1) payroll record need be furnished during a twelve (12) month period.

15.7 If any employee is required to travel from one place to another during the course of the performance of the day’s work, said employee shall be compensated for such time and for any legitimate expenses incurred. Such employees shall be reimbursed for public transportation expense if used, or be granted mileage allowance at the IRS allowable rate per mile, if the employee provides the vehicle to be used.

15.8 Where the masculine or feminine gender has been used in any job classification or in any provision of this Agreement, it is used solely for the purpose of illustration and shall not in any way be used to designate the sex of the employee eligible for the position or the benefits of any other provisions.

15.9 The Company agrees to notify the Union of the sale and/or closure of a store at least thirty (30) days in advance, whenever practical. Reasons where the thirty (30) days’ notice is not practical may include but are not limited to lease contingencies, financing arrangements, and or finalization of the buy/sell arrangements.

15.10 Drug Testing: The Employer may require the employee to submit to a legally recognized drug or alcohol test at the Employer’s expense if the Employer has reasonable grounds to believe the employee is under the influence of alcohol or drugs. Reasonable grounds will not be required for drug or alcohol testing when an employee suffers an on-the-job injury. An employee who tests positive shall be entitled to have a second test performed using a different disclosure method to verify the accuracy of the test results. Time spent in such testing shall be on Company time; however, any employee refusing to submit to a drug or alcohol test shall be taken off the clock effective with the time of the Employers’ request. An employee who refuses to take a drug or alcohol test upon request shall be subject to termination.

16.1 The parties to this Agreement acknowledge their responsibilities under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and do hereby agree not to discriminate on the basis of race, color, religion, sex, national origin or age.

17.1 Any grievance or dispute concerning the application or interpretation of this Agreement must be presented in writing by the aggrieved party to the other party within forty-five (45) days from the date of the occurrence giving rise to such grievance or dispute, except in cases of discharge which must be presented within fifteen (15) days; otherwise, such right of protest shall be deemed to have been waived. Such grievances shall be adjusted by accredited representatives of the Employer and the Union. In the event of the failure of these parties to reach a satisfactory adjustment within twenty-one (21) days from the date the grievance is filed in writing by the aggrieved party, the matter must be referred by the moving party for final adjustment to a Labor Relations Committee consisting of two (2) members from the Employer and two (2) members from the Union and the decision of the Labor Relations Committee shall be final and binding. In the event the Labor Relations Committee fails to reach an agreement within seven (7) days from the date a grievance is considered by the Committee, the moving party must, within seven (7) days thereafter, refer the grievance to arbitration by written notice to the other party.

When selecting an arbitrator, the parties shall take turns striking names off the list of the following permanent panel:

1. Richard Ahearn
2. Katrina Boedecker
3. Michael E. Cavanaugh
4. Paul Grace
5. Martin Henner
6. Alan Krebs
7. Howell Lankford
8. Charlene McMillan
9. Tom Levak
10. Michael Marr
11. Timothy D.W. Williams

The Labor Relations Committee and the Arbitrator shall have no power to add to, subtract from, or change or modify any provision of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. The decision of the Arbitrator shall be final and binding on all parties and shall be rendered within thirty (30) days from the close of the hearing or the receipt of briefs, whichever is later. Should the arbitrator fail to comply with these provisions, he will not be paid for his services. The moving party shall notify the arbitrator of this provision during the selection process. If the assignment is refused, the parties agree to select an alternate.

1. The losing party shall pay the cost of the arbitrator. The parties agree that the arbitrator has the authority to determine appropriate proration of this cost in the event of a split decision and award. The arbitrator should be made aware of the requirements of this provision at the conclusion of the arbitration hearing.
2. In cases where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (180) calendar days immediately following the date of discharge or suspension.
   
   The Parties confirm that the above is a hard cap with no exceptions.

17.2 During the process of making adjustments under the rule and procedures set forth in 17.1 above, no strike or lockout shall occur.

17.3 Except as provided in 17.1, grievances shall not be recognized unless presented in writing within sixty (60) days from the date of the occurrence causing the complaint or grievance, except in cases where report of the grievance has been suppressed through coercion by the Employer.

1. In the event the claim is one for additional wages, any such claim shall be limited to wages, if any, accruing within the sixty (60) day period immediately preceding the date upon which the grievance was filed in writing.
2. Where there is an automatic wage bracket adjustment (failure to progress the employee in classification in accordance with the hours worked formula of Appendix A) due under the terms of the Appendix, the period of adjustment shall be one (1) year from the date the grievance was filed in writing.

17.4 It is understood that any of the foregoing time limits may be waived by mutual agreement, if the time limits are not mutually waived, failure to comply constitutes waiver.

17.5 The Employer and the Union shall make available to the other, pertinent data necessary for the examination of all circumstances surrounding a grievance. The Arbitrator shall be empowered to effect compliance with this provision by requiring the production of documents and other evidence.

17.6 In the event a member of the permanent arbitrator panel informs the parties they are retiring or no longer accepting cases for an extended period of time, the parties shall confer and mutually agree to a replacement panel member within 30 calendar days. If the parties fail to mutually agree to a permanent replacement within thirty (30) days, the moving party on grievances may opt to request and utilize a regional FMCS panel of arbitrators who have a primary office in Washington, Oregon, or Idaho.

18.1 During the life of this Agreement the Union agrees not to engage in any strike or stoppage of work and the Employer agrees not to engage in any lockout. It shall not be a cause for discharge or discipline and it shall not be a violation of this Agreement for an employee to refuse to cross a primary labor union picket line at the Employer’s premises that has been established to support a legal strike, provided the picket line is approved by Local No. 3000.

19.1 The Employer will notify the Union prior to implementation of any new technology or methods that may have a material effect on the wages, hours, or working conditions of any bargaining unit employee. When practicable such notice will be given at least 60 days prior to implementation.

19.2 If the addition of a second U-Scan unit in any store has a material impact on any of the bargaining unit employees, the parties will agree to bargain over the effects of the installation of the second U-Scan unit in that store. A “unit” is defined as a bank with one to four self-scanners.

20.1 It is hereby declared to be the intention of the parties to this Agreement that the sections, paragraphs, sentences, clauses and phrases of this Agreement are separable and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared invalid by the valid judgment or decree of a court of competent jurisdiction because of the conflict with any Federal or Washington State law, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Agreement and the balance of this Agreement shall continue in full force and effect.

20.2 The parties hereto agree that substitute provisions conforming to such judgment and decree shall be incorporated into this Agreement within thirty (30) days thereafter.

21.1 The Employer shall be responsible for payment for all hours worked, and an employee shall only work those hours specifically authorized by the Employer. Accordingly, it is intended that there shall be no “free or time-off the-clock” work practices under this Agreement. Any employee found by the Employer or the Union to be engaging in such practice shall be subject to discipline, which may include termination.

22.1 Safety Committees will be held in accordance with applicable laws. Upon request, the Employer will notify the Union when the Safety Committee will meet. Minutes of the Safety Committee meetings will be posted or made otherwise available for review.

22.2 Master Safety Committee: In addition to the store level safety committees, the Employer and the Unions will jointly set up a Master Safety Committee, made up of (2) members from each Union (UFCW Local 3000 and Teamsters Local 38), and up to an equal number of members from the Company. If necessary to address certain issues at a workplace either party may invite guests, with prior approval of the committee.

The Master Safety Committee will meet periodically, and no less frequently than once per quarter, to review workplace safety matters. The parties will discuss and work toward resolving safety issues in the workplaces.

In addition, the Company and the Union agree that they will continue to discuss and jointly address safety related issues and/or questions about the Company’s safety program in good faith.

Master Safety Committee will review current safety training and procedures and will collaborate on recommendations for changes/additions going forward.

Master Safety Committee will explore walk-throughs of emergency exits, evacuation routes, etc. in a manner that does not disrupt customers/the business operation. Logistics and details will be agreed to by December 1, 2022.

Employers agree to preschedule Master Safety Committee meetings for each coming year. Master Safety Committee dates for 2022 will be: June 16, Sept 22, Dec 8. Future dates for 2023 to be determined at the December 8 meeting.

22.3 The Company agrees that it shall provide safety training in accordance with the law and its policies as necessary. In addition, the store safety committees may recommend training subjects and those recommendations will be considered and acted upon by the Master Safety Committee.

22.4 The parties agree that no party shall retaliate against any employee for bringing forward safety issues.

22.5 Nothing in this article shall be interpreted to diminish the Employer’s rights/obligations or employees’ rights/obligations under applicable laws or current Company practices and policies.

22.6 The Company and Union agree that the Employer is responsible for maintaining a sound safety program and its employees are responsible for adhering to the safety program.

22.7 At stores with specific challenges, the Employers will work with the Union to identify and utilize community partners/programs to help address issues around the store that impact employee and customer safety. This will be on a case-by-case basis depending on the unique issues surrounding a specific store.

23.1 This Agreement shall be in full force and effect from and after May 8, 2022 3 , through May 3, 2025 4 , at which time it shall be automatically renewed for a period of one (1) year from said date, and thereafter for each year upon each anniversary of said date without further notice; provided, however, that either party may open this Agreement for the purpose of discussing a revision no later than sixty (60) days prior to said expiration date of each anniversary thereof upon written notice being served upon either party by the other.

23.2 If during the second year of this Agreement, the United States becomes engaged in a nationally recognized wartime emergency, the parties hereto agree that upon sixty (60) days notice in writing either party may reopen this Agreement.

IN WITNESS WHEREOF, we attach our signatures:

[Signatures]

FIRMS PARTY TO THIS AGREEMENT
Albertsons, LLC | Fred Meyer, Inc. | QFC | Safeway, Inc.