Washington State measure protects grocery workers if merger approved

Washington State Gov. Jay Inslee will have the opportunity to consider a new measure to protect grocery workers if the $24.6 billion Kroger, Albertsons merger is approved.

If the deal receives the green light, 413 Kroger and Albertsons stores will be sold to C&S Wholesale Grocers. The state of Washington has 107 locations that would be impacted.

The state House of Representatives approved the measure by a 60-33 vote late last week, sending it to Inslee’s desk.

The legislation states grocery workers must be retained for at least six months after stores become fully operational under the merger. Workers at distribution centers would also qualify.

After the six-month period, workers at affected stores must receive a written performance evaluation, and if a worker receives satisfactory marks, they must be offered continued employment.

Additionally, workers would receive compensation if they were terminated.

Grocers also must post any change in control at the location of the affected grocery location within five business days of the change action.

Late last year, California Gov. Gavin Newsom vetoed a bill that would provide severance to grocery workers who lost their jobs as a result of the Kroger, Albertsons deal.

California’s Grocery Worker Retention law prohibits companies who merge or buy another grocer to terminate workers during the first 90 days, and a federal law, the Worker Adjustment and Retraining Notification Act, requires companies with 100 or more employees to provide a 60-day notice before layoffs.

Before the veto Newsom signed two House measures — one which requires grocery stores and pharmacies to notify the state attorney general 180 days before a merger kicks in and to provide details of the impact. 

The other bill added some bulk to the Grocery Worker Retention law by expanding the 90-day retention to include warehouse workers. Grocers also now have 33 days to resolve any conflict with a worker before they can sue.