By Sadef Ali Kully
A bill called the Grocery Worker Retention Act was recently introduced to the City Council seeking to provide a 90-day transition retention period to eligible employees following a change in ownership of a grocery store.
The legislation would require that when a grocery store is sold and bought, the new ownership would keep current store employees for a 90-day transitional period that would allow the existing employees to demonstrate their knowledge of the business while maintaining proper health and sanitary standards. It would also give the chance to address grievances with the former or new ownership. If the measure is passed, then New York City would be the one of the first major cities on the East Coast to take steps that protect the health and food employment industry.
“By retaining skilled grocery workers to handle sensitive items such as our produce, poultry and meats, we protect the public and the communities which these stores serve. At the same time, this legislation would ensure a smooth transition in providing a chance for employees to demonstrate their value to the business,” said Council Member I. Daneek Miller (D-St.Albans), chairman of the Committee on Civil Service and Labor. “The hardworking men and women in the grocery industry deserve an opportunity to maintain their independence and this legislation provides them with that opportunity.”
The Grocery Worker Retention Act was sponsored by seven city council members: Miller; Corey Johnson (D-Manhattan); Ben Kallos (D-Manhattan); Brad Lander (D-Brooklyn); Margaret Chin (D-Manhattan); Helen Rosenthal (D-Manhattan) and Mark Levine (D-Manhattan).
The measure applies to grocery stores or retailers with 10,000 square feet or more, excluding areas dedicated to storage, loading, food preparation or eating. Eligible employees must have been employed at a given establishment for six months prior to the ownership transition and have worked an averaged a minimum of eight hours a week.
“Over 50,000 New Yorkers are employed in the grocery store industry. They are too often denied the basic job security that a person needs to survive,” said Johnson, chairman of the Council’s Committee on Health. “From a public health perspective, the constant turnover of employees creates a health risk as the proper handling of food requires proper training and experience. This is why I support the Grocery Worker Retention Act, which grants a transition period to employees when the ownership of a grocery store changes. The transition period, in turn, will both enhance workers’ rights within this industry and consequently better food regulation compliance.”‎
The grocery industry, which employs over 50,000 workers throughout the five boroughs, is comprised roughly of two-thirds immigrant workers and is considered a high turnover field with many workers at constant risk of unemployment through no fault of their own, according to the bill.
“Grocery workers should not be discarded like spoiled produce when a new employer takes over their store. This legislation would ensure that workers and their families are protected during the transition period,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store union. “This bill is good for our communities as well – experienced grocery workers have knowledge of proper sanitation procedures, health regulations, and understanding of the clientele and communities they serve.”
New York City is not the first city to propose a grocery worker retention bill. Its sister bill became law in 2005 in Los Angeles and San Francisco will see a similar law in place by July. In 2011, the California Supreme Court ruled that the law was constitutional.
Reach Reporter Sadef Ali Kully by e-mail at skully@cnglocal.com or by phone at (718) 260–4546.
