On June 11, 2013, Arbitrator Roger Kaplan ruled in Local 400’s favor in a case involving day shift employees working nighttime hours at Safeway stores covered by Local 400’s collective bargaining agreement. The Arbitrator ruled that Safeway is required to pay time and a half to day shift employees who work between the hours of 1-4 a.m.

The Arbitrator found that employees who were improperly compensated—i.e., people who were not assigned to night crew and were paid less than time and a half when they worked between 1-4 a.m.—were eligible to be paid backpay for the time they were improperly compensated.  The Arbitrator sent the parties back to the bargaining table to negotiate the implementation of his Decision and Award.

In response to the Arbitrator’s Award, Local 400 President Mark Federici issued the following statement:

“This was a great outcome for our members who work periodic night hours, but are day shift employees. The Arbitrator’s Award confirms what our Collective Bargaining Agreement plainly requires – day shift employees who work between 1 a.m. and 4 a.m. must be paid time and a half.  It also ensures that our members will be correctly paid for the time they’ve already worked and paid correctly on a going forward basis.

“I have instructed the Local 400 staff to begin the process of negotiating the implementation of the Arbitrator’s Award immediately. I encourage all members who may have been affected to speak up so that they receive the compensation that they are owed. Our Union is strong because members participate and stand up for their rights.  This Award not only exemplifies the Union’s commitment to enforcing our contract, but our willingness to take the fight to the companies when we’re right. “

Please contact your representative immediately or call 301-459-3400 to get involved with your Union.