Reference no: EM132881102

Employees at the Whole Foods Bronx, New York Retail Store have decided that it is in their best interests to be represented by the Retail, Wholesale, and Department Store Union (RWSDU). The Union filed a petition with the National Labor Relations Board under NLRA section 9 requesting to be certified as the bargaining representative for all full and part time Team Members at the Bronx Retail Store.

Approximately eighty percent (80%) of the Team Members are part time and twenty percent (20%) are full time.

An election was held under the supervision of the NLRB Regional Office, Region Two. The Union was successful in the election and has now been certified as the bargaining representative (Case no. 22-RC-74756). The bargaining unit is all full and part time Team Members at the Whole Foods Bronx Retail Store.

The Union and Whole Foods management are now negotiating the first collective bargaining agreement (CBA). Below is a link to the current company employee benefits for full time employees. Part time employees are not covered for benefits except for the in-store discounts and discounts for companies other than Whole Foods. Since the employees have been at-will, the benefits have been provided by Whole Foods but can be changed by the company at any time. For any benefits to be provided, they must be included in the collective bargaining agreement.

Team Members are currently paid a flat wage of $17.00 per hour. Full time Team Members earn paid time off at the rate of one (1) hour for every forty (40) hours worked. Paid time off includes both sick and personal/vacation time.

Many of the Team Members would like to work full time but are not offered the opportunity. Both full time and part time Team Members are assigned biweekly schedules by the District Manager and the schedule can change every two weeks. The District Manager does ask whether a Team Member wants to be scheduled and what hours the Team Member would prefer. However, often the schedules do not reflect the Team Members' preferences.

Team Members have expressed concern about the productivity and safety issues at the Bronx Retail Store. The company is instituting more cashier-less check-out stations resulting in a reduction in the number of employees. Team Members have no specific work responsibilities and can be required to work as a cashier, bagger, stock person and personal shopper all in one shift. They report being pulled in many different directions and not being given the time needed to complete each task. With no paid time off for part time Team Members, some reported to work during the COVID pandemic even after being exposed to the virus.

During the Black Lives Matter protests, a number of Team Members wore Black Lives Matter COVID required face masks and Black Lives Matter pins on their aprons. Those that did were told to remove the Black Lives Matter face mask and/or pins. If a Team Member refused, that person was sent home and not paid for the shift. Team Members report that there is a dress policy, but it is not enforced. Many Team Members wear masks and pins with a variety of messages that have no relation to Whole Foods. It is only the employees with the Black Lives Matter message who have had the dress policy enforced against them.

The Union understands that these are the main reasons the Team Members voted to have union representation. The Union is aware that the Team Members expect the pay, benefits, and working conditions to improve under a collective bargaining agreement.

Collaborative Project #3 is to negotiate and write a collective bargaining agreement (CBA). You will be assigned to represent either the Retail, Wholesale, and Department Store Union or Whole Foods to negotiate the agreement. Since a collective bargaining agreement is a contract between the Union and the employer, it must be fair to both parties. The collective bargaining agreement between Local 1-18 and Fiore Industries is the template to be followed in writing the CBA.