It is important to maintain functional, democratic rank-and-file unions while protecting the health of our members and doing our part to reduce the spread of COVID-19. Therefore:

• We urge all UE locals to take CDC [12] and other government recommendations about meetings and in-person contact very seriously;
  • In accordance with these guidelines, UE urges you to cancel or postpone union social events, fundraisers, and other nonessential union events where 10 or more people would gather for the remainder of the spring.
• The General Executive Board postponed regional council meetings scheduled for March and April;
• Locals are strongly encouraged to find ways to continue democratic governance by:
  • Using alternative means of communication such as phone calls, texting, and where appropriate email and social media to keep members informed about workplace issues and union activities;
  • Using alternative means to meet and make democratic decisions, including conference calls, video conferencing, and online voting;
  • Seeking the assistance of UE national staff as appropriate to assist with the technology described above.
• The national officers have encouraged the union’s field staff to minimize travel and non-essential in-person meetings.  Grievance meetings should be held by conference call whenever possible.  We recommend that locals explore short-term extensions of expiring contracts wherever possible;
• Due to the order by the governor of Pennsylvania closing most workplaces in the state, the UE National Office staff is working remotely and can be reached via email or through voicemails left at the national office phone number; 
• We encourage UE locals to monitor the UE website for further updates on recommended actions.

​UPDATED April 2, 2020 at 11:45am EDT

We are urging UE locals to be aggressive in making sure that workers’ needs and concerns are taken into account as our employers respond to the pandemic.

First, we encourage locals to consult with your assigned UE staff representative (who will have additional resources) and with your membership to determine whether your workplace is truly essential — whether the goods or services you provide are really critical for sustaining life.

If your workplace is not essential, we encourage you to demand that your employer shut down [9] until the COVID-19 pandemic is under control. The CARES Act, which was signed into law at the end of March and has taken effect immediately, provides numerous benefits which should enable your members to provide for their families through the duration of any shutdown. More details are available at our Fact Sheet on the CARES Act [5].

If there is some essential work being performed in your workplace, we encourage you to demand that the employer reduce the number of workers in the facility to only those needed for the essential work. Alternatively, call on the employer to shift all work to the essential product or service.

For any workplaces remaining open, which should be limited to those workers performing truly essential work, we suggest the following general demands (working with your assigned UE staff representative and membership to develop specific demands tailored to your workplace, industry, and community):

• Locals should demand the right to bargain over any changes that affect workers’ safety and health, pay, hours, benefits or working conditions.
• Employers should provide the local union with information about anytime anyone at the workplace tests positive, and take appropriate steps to quarantine anyone who has been exposed, with full pay and benefits throughout the length of the quarantine. (See our “If COVID-19 comes into your workplace, what do you do next?” [4] page for more information.)
• Workers who can do their jobs remotely should be allowed to do so, with no loss of pay or benefits.
• Depending on the circumstances, the union should consider proposing hazard pay.
• Employers should support workers in taking whatever precautions they feel are necessary to protect themselves, their families and their communities:
  • Employers should suspend time and attendance policies, and no disciplinary action should be taken, or attendance “occurrences” recorded, for absences during the pandemic.
  • Employers should provide paid time off and flexible working hours to workers who need to care for children who are home due to school closures.
  • Workers who are members of high-risk populations for severe illness, including those over age 60, those who are immunocompromised, and those with underlying health conditions, such as diabetes, lung disease, or heart disease, should have the right to refuse work where they interact with other workers or the public. If the employer is unable to provide such an accommodation, the worker should be given a temporary layoff with a continuation of employer-provided health insurance and with the ability to collect unemployment benefits and accrue seniority while off work.
  • Workers should not be required to use vacation or paid personal time for any COVID-19-related absences from work. Health insurance benefits should be protected during their absence.
  • Employers should provide paid medical leave for workers whose ability to work is impacted by COVID-19 in any way, and all requirements for doctors’ notes should be waived, as the CDC has recommended. 
• Employers should take measures to ensure a sanitary workplace, driven by workers’ concerns and science, including but not limited to providing personal protective equipment appropriate for the job assignment and making CDC-recommended cleaning chemicals available for all environmental services and spaces shared with the public.
  • It is the employer’s responsibility to provide necessary PPEs and cleaning chemicals.
  • The employer should ensure that all high touch surfaces and high traffic areas are regularly disinfected. All public facing areas should be disinfected every hour. 
  • The employer should adjust work processes to ensure that workers can be a safe distance from each other. 
  • Workers should be provided with extra breaks to wash their hands. The employer should provide tissues, no-touch trash cans, hand soap, alcohol-based hand rubs containing at least 60 percent alcohol, disinfectants, and disposable towels for workers to clean their work surfaces.
  • Minimize worker contact with the general public.
  • The union should consider proposing changes in shift times to reduce the number of workers in the facility at one time
  • The union should consider demanding employer-provided work uniforms and appropriate changing areas so that workers do not bring potentially contaminated garments into their personal vehicles or homes.
  • Employers should implement engineering controls to reduce exposure to hazards, including installing physical barriers (such as clear plastic sneeze guards, installing high-efficiency air filters or increasing ventilation rates). 
  • If the employer and/or union members want to put additional screening measures in place to try to prevent the virus from entering the workplace, such as taking workers’ temperatures prior to the start of shifts, demand that such screenings take place on work time.
  • Employers who are unable to get sanitizing supplies should join the union in demanding that governments at all levels take immediate action to increase production of these essential items.

These are the highlights of the bill that was passed by Congress and signed into law on March 18, 2020.  All sections of the bill are to be in effect by April 2, 2020. Some of the details may change as it is implemented by the federal and state agencies.

COVID-19 testing fully covered

• Every person in the country now has access to COVID-19 testing without need for prior authorization, or the payment of any deductibles, coinsurance, or copays - coverage is free.
• This applies to private-employer based insurance along with all other forms of insurance (ACA exchange, Medicare, Medicaid, CHIP, etc).
• The uninsured can get testing either through their state temporarily expanding Medicaid or via a special $1 billion emergency fund set up by the federal government.  Either way, as with the insured, testing is at zero cost to the individual.

Certain workers gain access to paid sick leave/paid family leave

• Two new types of emergency paid leave are available to workers of certain employers beginning April 1 until December 31, 2020. Unfortunately, the leave is not retroactive to cover workers who fall ill in the month of March.
• Up to 80 hours of paid sick time is available for many workers to deal with COVID-19 sickness, symptoms similar to the illness for which you are seeking medical treatment, or a quarantine order, or to care for sick loved ones. These benefits are for full pay up to a daily cap of $511 for your own illness, or 2/3rds pay up to a daily cap of $200 for caring for a family member.
  • Covered workers include:
    • State and local government employees.
    • Independent contractors, the self-employed, and “gig” workers.
    • Employees of private employers with less than 500 workers.
  • Some healthcare workers and emergency responders may be excluded from coverage even if their employers otherwise qualify.
• Additional paid leave is also available for some workers to take care of children whose school or daycare is closed due to COVID-19. This leave includes:
• Use up the above 80 hours of paid sick leave at 2/3 pay, up to a daily cap of $200.
• An additional 10 weeks of paid leave at 2/3 of the worker's regular rate, up to a daily cap of $200, for workers who have been employed for at least 30 days.
• Covered workers include:
  • State and local government employees.
  • Independent contractors, the self-employed, and “gig” workers.
  • Employees of private employers with less than 500 workers.
• Some healthcare workers and emergency responders may be excluded from coverage even if their employers otherwise qualify, and employees of small businesses with fewer than 50 workers may not qualify if the leave requirements would jeopardize the viability of the business as a going concern.
• A job must be available upon return, but if you work for a very small employer (with 25 or less workers) you may return to an “equivalent” position instead of your exact position.  
• Nothing in the law diminishes any benefits currently in existing collective bargaining agreements, or any benefits provided under state or local laws mandating sick time or paid family leave.  
• For more information, see the Department of Labor's website [15].

Food security expanded

• Over $1 billion in additional funds to ensure working-class people continue to have access to food.
• Any household which has children who otherwise qualify for a free/reduced school lunch can get emergency food assistance through SNAP.
• States can maintain federally-funded free/reduced school lunches even when schools are closed.
• All SNAP work training requirements are waived.

State unemployment systems shored up

• $1 billion in emergency grants to states related to unemployment insurance.  
• States which have an unemployment spike of more than 10% will have extended unemployment (26 weeks or longer) 100% paid by the federal government.
• The federal government will no longer require states to impose a one-week waiting period before benefits can begin.

These are the worker-related highlights of the bill that was passed by Congress, signed into law on March 27, 2020 and went into effect immediately.  The law also contains many deplorable handouts for big business that show the depth of corporate cronyism in Washington, DC. However, it does provide a down payment on the economic relief that working people need.

The following information describes those elements that will most directly assist the working class.  This is not an attempt to cover every detail of the various programs — UE staff can assist locals if more specifics are needed.

UPDATE (4/1): We've updated this document to reflect that workers on unpaid FLMA leave due to COVID-19 are eligible for unemployment benefits.

Expanded unemployment insurance

Unemployment insurance has been temporarily improved in several ways in order to deal with the historic spike in unemployment.  This includes:

• Through July 31, workers will get “enhanced” benefits, with the federal government contributing an additional $600 per week above the state level.
  • This means many lower-wage workers will get more money from unemployment than their former wages. 
  • This income is taxable, but is disregarded for the purposes of determining eligibility for Medicaid or CHIP (but not other means-tested programs, like SNAP).
• Unemployment benefits have been extended to gig economy workers, freelancers, workers who have lost a part-time job, and those on unpaid FMLA due to COVID-19. These workers will receive the $600 check plus half of average unemployment benefits in their state.
• Individuals may not apply for unemployment benefits if they are currently receiving paid sick or family leave.   
• The length of unemployment insurance has been temporarily expanded by 13 weeks. In most states this means access to 39 weeks unemployment, but this is not universal.  
• Most states which normally have a one-week waiting period to begin benefits have already waived that due to the public health emergency, and the bill contains funds that should result in all states doing so soon. (At the time of writing, among states with UE members only Wisconsin has yet to do so).
• The act also includes several elements meant to allow employers to reduce hours, rather than laying off workers, with said employees getting a pro-rated unemployment benefit. However, this may not be available in all states.
• Workers should apply for benefits through their state unemployment application, which should be available online.

Keeping American Workers Paid and Employed Act (Paycheck Protection Program)

Businesses and nonprofits that employ less than 500 workers can get forgivable loans, essentially grants from the federal government, through the Paycheck Protection Program. This will pay the payroll costs (including full salaries and health benefits) plus the utilities and rent or mortgage of the business for up to eight weeks and workers can be off work throughout that period. The loans are arranged through local banks to speed distribution but they are backed by the Small Business Administration. Funding is likely to be on a first-come first-serve basis and may dry up before long due to a cap on funding.

Direct payments to adults

The bill includes a one-time, $1,200 check for each adult making less than $75,000 annually, or $2,400 for each married couple making less than $150,000. For each child age 16 or under (i.e., who would normally qualify for a child tax credit), households get an additional $500. For higher income brackets the payment is slowly phased down, with individuals making more than $99,000 and childless couples making more than $198,000 not getting any benefit. Limits are a bit higher for families with children — reportedly $218,000 for a family of four. The benefit is not considered taxable income.

Even if you haven’t filed federal taxes in the past two years, you may be eligible for a check.  However, any adult dependants within a household (including college students) are not eligible for any payment (either $1,200 or $500). In addition, a valid Social Security number is required (excepting spouses of active-duty members of the military), which means most undocumented immigrants will not receive this benefit.

This payment is coming through the IRS. We will update this page with more information once the IRS has clarified more about payment distribution.

Aid to state governments should forestall immediate public-sector layoffs

Around $150 billion in federal money has been set aside for states, territories, and tribal governments to deal with ramifications from the COVID-19 public health emergency. This funding is intended to pay for necessary expenditures incurred in responding to the coronavirus outbreak — such as field hospitals and buying ventilators — along with paying for other essential government services not budgeted for in the wake of the economic downturn. While the funding offered to the states in this bill is likely insufficient to prevent public-sector layoffs in the longer run, it is a welcome lifeline for public budgets and public employees right now.  

Support for homeowners and renters

Several elements of the CARES Act provide added security for certain homeowners and renters. These include:

• A 60-day moratorium on foreclosures for all homeowners with FHA, USDFA, VA, or 184/184A loans, or mortgages backed by Fannie Mae/Freddie Mac.
• All homeowners with mortgages with similar federal backing can request a temporary postponement of payments for up to 180 days with no fees, penalties, or extra interest.
• 90 days of postponement of payments for multifamily borrowers with federally-backed loans and financial hardship.
  • Landlords who accept this may not evict or charge late fees during the forbearance period.  
• A 120-day period where landlords are prohibited from initiating legal action to recover a rental unit, or to charge fees, penalties, or other charges to a tenant on any property which is assisted in any way by HUD, Fannie Mae, Freddie Mac, the rural housing voucher program, or the Violence Against Women Act.

Assistance to students and former students

All student loans held by the federal government are deferred (including principal and interest) through September 30, 2020 without penalty to the borrower. Also, interest shall not accrue over this six-month period, any existing wage garnishment should end, and the six months of deferred payment should still count towards any loan forgiveness program.  

There are several other smaller elements which benefit students and former students, including:

• Employer educational assistance programs can directly be used to repay student loan debt for the year 2020.
• Universities may continue paying work study students even if the academic term has ended early due to COVID-19.
• Any college students who dropped out of the current term due to COVID-19 are not required to return Pell Grants or federal student loans for that term, and it will not count against their limits in the future.

In workplaces that remain open, it is highly likely that the COVID-19 virus will make its way into your workplace. UE locals are encouraged to prepare in advance by negotiating with the employer a protocol for cleaning the workplace and limiting the exposure of other workers. Here are some additional things to keep in mind.

The Right to Information about Workers Who Are Sick

In order to protect and represent our members, we must know whether or not workers are being exposed to this virus while at work. The union has the right to know which employees have tested positive for COVID-19 (and other infectious diseases). Because of the contagious nature of this virus, this includes employees outside of our bargaining unit. The union needs to be able to judge independently which workers and sections of the workplace may have been impacted.

Do not allow the boss to claim that this information is protected health information that they are not allowed to share. Very few of our employers are “covered entities” under the federal Health Insurance Portability and Accountability Act (HIPAA). The law is aimed at protecting health information held by health care providers (such as hospitals, doctors, or clinics), health plans, and health clearinghouses. (You can see our UE Steward on this topic here [17].)

Whether or not the employer is covered by HIPAA, the law allows for the disclosure of information that is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Sharing this information with the union is necessary for the union to represent our members’ needs, and it allows us to assist in preventing the spread of this disease and protecting our members. 

Workers Compensation

Disclosing positive COVID-19 cases will also allow the union to help members receive relevant benefits, such as workers’ compensation or disability benefits. If we have clear evidence that workers who test positive for COVID-19 have been exposed to this illness through another employee, then those secondary workers may be eligible for workers compensation benefits while they are out of work due to the illness. To collect benefits, workers may also need to be able to show they were not exposed to the disease elsewhere, such as at home.

Workers compensation differs from state to state, but it is likely to cover health care bills related to the worker’s illness as well as a substantial portion of wages while they are out sick. It may take some time for workers compensation benefits to be approved, so it is still worthwhile to use available sick leave benefits, such as those now available to many workers in new federal legislation [6]. Because some of these benefits are new, it is not yet clear how these benefits will interact with each other. For example, once workers compensation benefits are made available to a worker, it may be the case that some portion of sick leave will need to be repaid or that workers compensation will be reduced by amounts already paid to the worker through sick leave. Nevertheless, it may be useful for members to pursue all available benefits, including workers compensation. 

Demands on the Boss

• Negotiate protocols for when any employee tests positive. If possible, do this prior to a known positive case.
• Demand that the boss report to the Union known positive cases of the virus immediately and on an ongoing basis.
• Upon learning of a positive COVID-19 case in the workplace:
  • Demand that the worksite temporarily close for sanitation. The CDC recommends [18] waiting at least 24 hours before sanitation. All workers should be paid and receive benefits during this closure. The union shall be provided a report from the cleaning service confirming the sanitation of the worksite and process used before the worksite re-opens.
    • Consider making a list of areas or tools that need to be cleaned that might not be apparent to a cleaning company that is unfamiliar with the worksite.
    • If the workers performing this special disinfection are members of our union, demand that they receive additional protective clothing and hazard pay for this work.
  • Workers who were sharing tools or a work area with or in close proximity to the employee known to have COVID-19 should be put on paid sick leave with benefits for at least 14 calendar days to see if they develop symptoms.
  • Workers who are members of high-risk populations for severe illness, including those over age 60, those who are immunocompromised, and those with underlying health conditions, such as diabetes, lung disease, or heart disease, or who have relatives at home who are at high risk for severe illness, should have the right to take paid leave with benefits for at least 14 days to protect them from additional cases in the shop that are not yet identified.
  • In coordination with local health authorities, negotiate conditions for workers to return to work. According to the CDC [19], “The decision to stop home isolation should be made in consultation with your healthcare provider and state and local health departments. Local decisions depend on local circumstances.”
  • At a minimum, workers who were ill must be fever-free for at least 72 hours (without the use of medicine that reduces fevers).
  • Local authorities may or may not require negative tests to lift home isolation. Given the pressure on medical systems at the moment, we advocate that employees not be required to produce a written note from a healthcare provider, if that is acceptable to local authorities.
• If the employer and/or union members want to put additional screening measures in place to try to prevent the virus from re-entering the workplace, such as taking workers’ temperatures prior to the start of shifts, demand that such screenings take place on work time.

Also make sure that the other protections outlined on our “Demands on Employers” [3] page are in place.

UE Stewards are our first line of defense on a new front. Stewards have a special role to play right now to assist our members as they face a life-threatening situation. Some of our workplaces must stay open to provide life-sustaining services, and stewards will need to advocate for special workplace protections. Other workplaces must close or drastically reduce the number of workers present to prevent this disease from spreading more rapidly, and stewards will need to help workers navigate layoffs and maintain connections with members outside of work. This special edition of the UE Steward will help you make your way through this moment.

You Have Rights, Even in a Pandemic

All the basic rights of union stewards and union leaders remain intact. We have the right to bargain over changes in our workplaces that affect our health and safety, pay, benefits, and other working conditions.

This means we have the right to demand standards that will keep members safe during this viral outbreak, including advocating for closing nonessential businesses or advocating for additional safety measures in workplaces that must remain open. Please see our “Demands on Employers [3]” for some ideas, and contact your UE staff person, who will have additional resources.

Never take the bosses’ word that they don’t have to bargain over an issue. Check with your UE staff person first. Because even if the contract has “waived” the right to bargain or grieve an issue, the company may be obligated to bargain over the effect of the change. We must always try to make management bargain over any proposed change, no matter what the Management Rights clause says. 

Bargaining Procedures

The employer must give notice to the union of the proposed change BEFORE any new policies are announced.

• If the union wants to negotiate, it must submit a request to bargain promptly.
• The employer is prohibited from implementing the change while bargaining is taking place.
• The employer must provide relevant information requested by the union and must conduct bargaining in good faith, with the intention of reaching an agreement.
• Bargaining must continue until agreement is reached or the parties come to impasse (a deadlock after bargaining is exhausted). If the parties come to impasse, the employer can implement the proposed change without union consent. The employer cannot declare impasse if it has failed to supply the union with relevant requested information.

Demanding Protections for Worker Health and Safety

For workers in healthcare settings and those in sanitation and waste management, both the Centers for Disease Control and Prevention [21] and Occupational Safety and Health Administration [22] have comprehensive guidelines that apply to keeping workers safe. These include guidelines for returning to work after infection [23]. If the boss is not following these requirements, union leaders should bring that to the attention of supervisors immediately. If the union’s demands go unheard, the union should file a grievance. Consider making it a group grievance supported by many members. 

For other workers, federal guidelines are more general, and UE locals will need to consider which provisions best meet the needs of the workplace. This OSHA pamphlet [24] contains a number of ideas, including engineering controls and use of personal protective equipment. If a worker has tested positive for the virus, demand that the boss follow these CDC disinfecting guidelines [18]. These guidelines recommend waiting at least 24 hours before disinfecting, so consider demanding a one-day shut down of the workplace prior to disinfection.

During this pandemic, we cannot rely on OSHA to enforce workplace safety regulations. The union must demand the boss comply.

The union has the right to demand to know if employees have tested positive for the virus, including those outside our bargaining unit. The union needs to be able to judge independently which workers and sections of the workplace may have been impacted. Do not allow the boss to claim that the name of a sick employee is protected health information. Very few of our employers are “covered entities” under the federal Health Insurance Portability and Accountability Act (HIPAA) [17]. Whether or not the employer is covered by HIPAA, the law allows the disclosure of information that is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Sharing this information with the union is necessary for the union to represent our members’ needs, and it allows us to assist in preventing the spread of this disease and protecting our members. Demand that the boss report to the union known positive cases of the virus immediately and on an on-going basis.

Help Members Navigate New Resources that Are Available

The federal government has passed a number of bills to address this pandemic, and there will be more in the future. Be sure to check UE’s webpage on COVID-19 resources for up-to-date information: ueunion.org/covid19 [25]

Benefits available to many workers now include paid sick leave, paid family leave, expanded unemployment benefits, one-time cash payments, and more. Workers can find regularly updated information on these provisions on the UE website and from a UE staff member.

Union Actions under “Social Distancing”

Current CDC guidelines [12] recommend limiting gatherings to 10 people or less, and that, especially in areas with community spread of the virus, people keep at least six feet away from one another. These recommendations make it challenging to continue our normal union practices.

For regular union meetings, consider meeting remotely by using conference call or video conference technology. UE has made Zoom meeting technology available to all locals. Contact your staff person for more information. For union elections, consider conducting the election with online voting technology. Generally, this technology requires participants to have an email address, so this may or may not be realistic for every UE local depending on workers’ use of email.

There are many ways to show a united front to the boss without violating these guidelines. In addition to group grievances mentioned above, members can still wear stickers, buttons, or union t-shirts to show our solidarity on an issue. Tactics that will catch the boss’s ear, such as blowing a whistle when a supervisor walks into the work area, can still be done from six feet apart. Workers can put signs for management to see inside their car windshields, or even hold an informational picket as long as workers keep their distance from each other.

Workers can make online petitions, either just among workers or for the public to support as well. Hundreds of Hallcon workers across multiple UE locals in several states signed an online petition demandings that the company improve safety standards. UE Local 150 sponsored an online petition that hundreds of workers and students in the University of North Carolina system signed, demanding that UNC take measures to protect its workers’ health. Check with your assigned UE staff representative; they have been provided with resources for setting up online petitions.

Another online action to pressure management is to take pictures of different workers holding up key messages, and share them on social media. As long as multiple workers participate, this is a protected activity. This was a key tactic used by UE Local 203 [26] to win hazard pay through public support from the community in Burlington, Vermont.

Be the Best Steward Possible

Now is the time for stewards to make sure they are embracing their roles as union communicators and educators. 

• Make sure to communicate with members in your department or area regularly. Hearing from the union on a more regular basis in a time of uncertainty will give members more confidence in union leaders.
  • Now is an important time to make sure you have good contact information for your fellow UE members. Do you know how to reach them in the event that the workplace shuts down? Would you know how to reach a fellow worker who had called out sick, just to check in on them?
• Make time to listen to your coworkers’ concerns so that you can communicate these effectively to other union leaders and to management. Are workers worried about childcare because of school closures? Are they afraid to come to work because of underlying health conditions that make them more susceptible to complications of COVID-19?
• UE Stewards are educators, so be sure to share only the best information with your coworkers, such as resources from the Centers for Disease Control and Prevention or the World Health Organization [27]. Refrain from sharing rumors or home remedies.
• UE Stewards are union organizers. If you know of other workers in your community who are struggling with a bad boss, reach out to them. In the face of this public health emergency, many workers are waking up to their need for union representation. Check UE’s website for additional resources about organizing during this crisis.

The Union as a Mutual Aid Network

When workers are out of work due to a strike, the union pulls together to make sure workers and their families have food and other resources. Now is no different. In the event that workers are out sick with this virus or the workplace shuts down, consider using the steward network to support each other in new ways. This should include identifying healthy workers to do things like running errands and delivering meals or groceries for those that must stay at home. Create opportunities for workers to interact with each other while they are apart, such as conference calls or video meetings. Solidarity doesn’t end when we go home.