The American Rescue Plan Act (ARPA), a $1.9 trillion economic stimulus and COVID relief package, was signed into law by President Biden on March 11, 2021. Not a single Republican in either house of Congress voted for the bill. The bill contains many provisions which will directly help working people.

Compared to the CARES Act passed last summer, this bill is more narrowly focused on providing direct aid to individuals and the public sector, with comparably little in the way of corporate handouts. An independent estimate by the Tax Policy Center suggests after-tax income for the lowest-earning 20 percent of Americans will rise by 20 percent, with income for the next-lowest 20 percent rising by almost 9 percent. Other estimates suggest it will cut total poverty by one third, and child poverty in half. It is also projected to be a huge shot in the arm for the U.S. economy, and could result in a larger economic pie by the end of 2021 than there would have been if COVID-19 had not interrupted the economic growth pattern of the previous several years.

Here are some of the highlights of the ARPA that are most relevant to workers:

Further extension of unemployment

The three special pandemic unemployment programs created under the CARES Act, along with the current $300 per week supplement, have been extended through Labor Day (September 6). The plan also increases the total number of weeks one can collect unemployment from 50 to 79. In addition, the Act provides that the first $10,200 in unemployment benefits will be untaxed (retroactive to 2020) for all households who make less than $150,000. This is a welcome change to tax policy which will stop working-class individuals who collected higher unemployment than their normal wages in 2020 from receiving an unexpected jump to a higher tax bracket.

Third round of direct payments to individuals

Individuals making under $75,000 per year, and families making under $150,000 per year, will receive checks once again directly from the government — this time $1,400 per individual. Due to demands from “moderate” Democrats, higher-income earners who received some money from the earlier two rounds of checks will receive much less or no money at all in this third round. However, ARPA fixes a flaw in the earlier rounds, with adult dependents and 17-year-old children in a household now counting toward the $1,400 per person benefit. Once again, undocumented families are excluded, although couples of mixed immigration status should receive checks for whichever adult is documented (and children, if they have any).

Employer tax credit for emergency paid sick and family leave

Congress was unable to formally extend the CARES Act emergency paid sick and family leave provisions, as they are regulatory matters and thus generally considered to not be passable under budgetary reconciliation procedures. However, ARPA does extend the underlying tax credits which paid for emergency sick and family leave through September 30. Unlike the extension that passed last December, ARPA has a “reset” of hours for paid sick leave on March 31, allowing workers who previously used their entire allotment of paid leave to take a further 80 hours of paid sick leave. In addition, emergency sick leave can now be taken in order to attend a vaccination or deal with vaccination complications.

While offering paid sick and family leave is entirely voluntary on the part of employers, given that the cost (for private employers with less than 500 workers) remains 100 percent reimbursable, there is every reason to push employers to continue these policies through the end of September. In order to ensure that members in qualifying shops continue to be able to use emergency paid leave through September, UE locals should be in touch with their assigned staff representative to assist with negotiating new memoranda of understanding which establish a continuation of emergency sick/family leave policies.

Significant aid to state and local governments, education

One of the largest elements of ARPA is a $350 billion fund available to state, local, territorial, and tribal governments, distributed in a formula which gives more money to areas with higher unemployment. Many governments have already announced that all planned layoffs for the current fiscal year have been suspended, in expectation of the incoming aid. In addition, $130 billion has been allocated for K-12 schools in order to safely reopen within 100 days, and $40 billion has been allocated to colleges and universities.

One of the four allowable usages of this money is to provide direct premium pay to eligible state/local workers, or to provide grants which allow for other employers to provide premium pay for eligible workers. UE locals representing public-sector workers and other essential workers should be in touch with their assigned staff representative about demanding and/or negotiating hazard pay provisions.

Premium-free COBRA coverage for six months

Workers who have been laid off or fired from their jobs and had employer-provided health insurance will be able to get coverage through COBRA without paying any premiums. This benefit begins on April 1 and runs through September 30 and will be available even if the worker previously turned down COBRA coverage. Unlike regular COBRA coverage, workers will only be eligible for premium-free coverage until such time as they become eligible for other group health insurance. New enrollees who do not have access to other group insurance should be able to stay enrolled for the full six months. However, some people who were already eligible for COBRA over a year ago will have COBRA eligibility expire before the period of paid COBRA comes to an end.

Other healthcare changes

ARPA contains significant new Affordable Care Act subsidies which help make individual health insurance more affordable for those who do not have access to group coverage. Workers will be able to receive enough subsidies to lower premiums to no more than 8.5 percent of their household income, which will result in lower healthcare premiums for all but the wealthy. Subsidies are increased for all groups of workers making 400 percent of the federal poverty level (FPL) or less, with those under 150 percent of the FPL — and anyone who collects unemployment at any point during 2021 — eligible for premium-free silver coverage. The increased and expanded subsidies are active through both calendar years 2021 and 2022, but use of unemployment to qualify for no-premium silver plans will only be in effect for 2021.

Many small changes have also been made to Medicaid under ARPA, including requiring coverage of COVID-19 vaccines and treatment, and expanding a prior Medicaid option for states to cover COVID-19 testing for those who are uninsured. However, the single largest change is a set of new incentives to get the 12 states who have not expanded Medicaid to agree to do so.

Other benefits for working people

ARPA makes significant changes to the child tax credit for 2021, increasing it to $3,000 per child (and $3,600 for children under age six) for all heads of households making less than $112,000 and couples filing jointly making less than $150,000. The IRS is also instructed to estimate each taxpayer's annual benefit and send one-twelfth of the amount ($250 per child, or $300 for those under six) to taxpayers on a monthly basis beginning in June and ending in December. For the current year only, the Earned Income Tax Credit is also significantly improved in several ways, most notably by substantially increasing the benefit to childless workers. Households making use of the food stamp program will continue to see a 15 percent increase in their benefits through September 30.

The bill also includes many programs to help alleviate the housing crisis that working-class Americans have faced through the pandemic. The largest single program is a further $21.6 billion in rental assistance. This money will be granted to state and local governments, which will in turn provide grants to eligible households for rental assistance and utility fees. The Act also contains $10 billion in grants available to homeowners.

Finally, ARPA includes a program to rescue over 100 chronically underfunded multiemployer pension plans, which will save the retirement security of 1 to 1.5 million union workers and retirees, and will also help ensure that the Pension Benefit Guaranty Corporation (PBGC) — a government-run entity which insures private pension plans — does not become insolvent by 2026.

As the COVID-19 pandemic continues to plague our workplaces and communities, UE Stewards continue to be the first line of defense to keep our members informed and healthy. This second special edition of the UE Steward provides important updates based on what scientists report about the virus itself and on best practices developed at UE locals.

Physical Safety at Work

Studies of COVID-19 show that the virus most commonly spreads during close contact with someone who has the virus, whether or not they have symptoms. This transmission occurs largely through respiratory droplets. The Centers for Disease Control and Prevention (CDC) also notes [18] that the virus has spread through airborne transmission “within enclosed spaces that had inadequate ventilation.” 

Given this new understanding of the virus and emerging strains of the virus that transmit more easily than the original strains, it remains imperative for stewards to advocate for safety measures that will protect the health of our members. The most important measures include:

• It is the employer’s responsibility to provide necessary Personal Protective Equipment, including medical grade masks, and cleaning chemicals.
• Employers should implement engineering controls to reduce exposure to hazards, including installing physical barriers (such as clear plastic sneeze guards) and improving workplace ventilation (such as installing high-efficiency air filters or increasing ventilation rates). See the World Health Organization recommendations [19] for more information.
• The employer should adjust work processes to ensure that workers can be a safe distance from each other.

Stewards can find other ideas for demands to make on employers at www.ueunion.org/covid19/employers [20].

It is possible that the Occupational Safety and Health Administration (OSHA) will issue a new “Infectious Disease Standard” in the coming months. Such a rule would require healthcare facilities and potentially most other workplaces to proactively implement infectious disease control protocols. However, as of publication, this standard was not yet in place, and it remains the case that the union cannot rely on OSHA to enforce workplace safety regulations during the pandemic because they are greatly understaffed. 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) [21]. 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.

Enforcing Special COVID-19 Agreements

Many UE locals have reached special Memoranda of Understanding (MOU) or temporary attendance policies for the duration of the pandemic. It is important for UE stewards to help enforce these agreements on the shop floor. Make sure members know about these agreements, and make sure they are applied evenly across the bargaining unit.

Though most workplaces are now reopened in some capacity, the pandemic remains a threat to worker health and safety. Do not allow employers to prematurely end pandemic-related policies. Talk with your UE staff person about bargaining for extensions of any MOUs. 

Vaccination

Vaccination has been effective in eliminating or suppressing many serious diseases. UE is encouraged by the early studies showing the safety and effectiveness of several COVID-19 vaccines. Universal access to safe and effective vaccines will be an important part of ending this pandemic and allowing us to return to something resembling life before the pandemic. UE members in healthcare settings have been among the first to have access to vaccines, and we hope vaccines are available to all workers soon.

While the data on the vaccine effectiveness shows that they are very good at preventing serious illness, they are not 100% effective at stopping symptoms of COVID-19, and we do not know yet if they prevent transmission of the virus. Therefore, UE encourages all workplaces to continue to practice mask-wearing, social distancing, and reductions in the size of in-person gatherings.

UE supports the vaccination programs that are currently being offered as a means to create a safer workplace and end the pandemic. However, we do want to make sure that members are being treated fairly, do not incur additional costs, and receive fair accommodations if they have medical conditions which prevent them from being vaccinated.

The EEOC has said that it does not violate the Americans with Disabilities Act for employers to require employees to be vaccinated, so more employers may attempt to require vaccination soon. UE members who hear about such policies in their workplaces should contact their UE staff member immediately.

If an employer wants to require employees to receive a COVID-19 vaccine, in many locals we may be able to bargain over both the decision and effects of this new work rule. Some locals may have zipper clauses, management rights provisions, or other language which may allow the employer to avoid bargaining. Our demands should include:

• The employer must cover all costs for the vaccination including any administrative fees, and must provide guidance on how and when employees may obtain a vaccine;
• Accommodations must be made for workers with a documented reason not to receive the vaccine;
• Vaccines should be given on work time, or if vaccines are being given off-site, workers should receive paid time to obtain their dose(s), including waiting time before and after the dose is given;
• Workers should be provided a paid day off the day following administration of the vaccine dose(s) so that the worker does not have to work while experiencing any temporary side effects;
• Employers must continue to provide PPE and follow other CDC-recommended guidelines to reduce the spread of virus transmission in order to protect those who may not be able to take the vaccine for medical or other reasons and since the vaccine may not stop all transmission of the virus.

Vaccination after Previously Contracting COVID-19

The CDC currently recommends that anyone who is able to get the vaccine do so, even if they previously contracted COVID-19.

The CDC notes, “Experts do not yet know how long someone is protected from getting sick again after recovering from COVID-19. The immunity someone gains from having an infection, called ‘natural immunity,’ varies from person to person. It is rare for someone who has had COVID-19 to get infected again. It also is uncommon for people who do get COVID-19 again to get it within 90 days of when they recovered from their first infection. We won’t know how long immunity produced by vaccination lasts until we have more data on how well the vaccines work.”

Individuals should consult their healthcare provider to determine how long they may need to wait after their illness before receiving a vaccine.

Navigating Government Resources

In late December, the federal government passed an emergency relief bill to address pandemic-related economic crises. This legislation is far from the comprehensive relief bill working people need, but it provides some necessary stop-gap funding. Union members will need to advocate for additional recovery resources in the future. Be sure to check UE’s webpage on COVID-19 resources for up-to-date information: ueunion.org/covid19 [22]

Representing Members through Online Platforms

The pandemic has moved an increasing amount of union activities online, including representing members in grievance or investigatory meetings, and even bargaining contracts.

Stewards should continue to follow best practices during grievance or investigatory meetings, like preparing members in advance. A steward can still call a caucus with a member. The steward and member can log off management’s meeting and have their own phone call before continuing with the meeting. Provide advice to the member that will help their credibility during the meeting: 

• Encourage them to find a quiet space with a reliable internet connection.
• Tell them to look directly at the camera when speaking, which will be more like looking management in the eye.
• Encourage grievants and witnesses to silence their devices so they are not getting texts or calls during the meeting.
• Prepare members not to use the online chat feature of any platforms. The message could accidentally go to the whole group or the wrong person, or if the meeting is recorded, could be viewed by management later.

Just like any other meeting with management, be sure to follow up with the member after it is over, and keep them updated about any correspondence with management.

On December 21, the U.S. Congress passed the Coronavirus Response and Relief Appropriations Act as part of a mammoth, 5,600-page budgetary deal. It passed the House and Senate with an overwhelming margin, and was signed into law on December 27. This legislation is far from the comprehensive relief bill working people need, but it provides some necessary stop-gap funding.

Of particular importance for UE locals to note, if private-sector workplaces were granted paid sick and family leave by the Families First bill, then locals will need to take action to make sure it continues. The bill does extend the dollar-for-dollar employer payroll tax credit for provision of leave through March 31, 2021. However, continued implementation of said policies is now entirely voluntary on the part of employers.

While the mandate for paid sick and family leave was not extended, the extension of the payroll tax credit essentially makes paid sick and family leave cost-free for small businesses, which means there is no practical reason why employers should not extend these benefits.

In order to ensure that members in qualifying shops continue to be able to use emergency paid leave through the end of March, new memoranda of understanding which establish a continuation of 2020 emergency sick/family leave policies should be negotiated as soon as is feasible. Locals should contact their assigned staff representative for more information.

Other highlights of the legislation include:

• Expanded unemployment reinstated at a lower level but expires in March.
  • Unemployed workers will receive $300 per week above whatever regular unemployment benefit a worker would have received. 
  • The CARES Act’s Pandemic Unemployment Assistance (PUA) allows for various groups who did not qualify for regular unemployment (gig workers, independent contractors, those who had to quit work due to COVID, etc) to qualify.
  • Pandemic Emergency Unemployment Compensation (PUAC) extends the amount of time workers can collect unemployment benefits to 50 weeks.
  • A number of smaller unemployment expansions granted in either the CARES Act or the Families First Coronavirus Response Act are also temporarily extended, including federal funding for the first week of unemployment and extended unemployment and changes to railroad unemployment to match regular unemployment.
  • These improved benefits expire March 14, 2021, although benefits for those already unemployed and collecting PUA or PUAC may continue until April 5, 2021.
• Direct aid to working families.
  • The new bill contains a second round of direct payments to individuals, following a direct pressure campaign by many, including Senator Bernie Sanders. The amount of these payments is lower than the first round last year: the new round offers only $600 per adult or dependent child 16 or younger. The income qualifiers for this round of payments are essentially identical to the previous round, with individuals making less than $75,000 and families making less than $150,000 qualifying.
  • Families of mixed immmigration status (where an undocumented immigrant and a U.S. citizen are together in a household) will now not only qualify for the second round of payments, they will also retroactively be eligible for the original CARES Act payments. Unfortunately children age 17 and adult dependents will still not qualify for any payment.
• Additional funding for smaller businesses and targeted industries may save some jobs. The Paycheck Protection Program (PPP), which is designed to provide effective cash grants to small businesses provided employers don't engage in layoffs, has been given another $284 billion in funding. Several other industries receive targeted funding in the bill, including: airlines; live venues, independent theaters, and museums; and daycares.
• Eviction moratorium extended, and money allocated for rental aid. The federal eviction moratorium is extended through January 31, 2021. Direct funding for rental aid is provided for the first time on the order of $25 billion, which will be distributed through the states. This money can be used for either rent or utility payments.
• No direct state/local government aid, but significant indirect aid. Due to strident Republican opposition there is no direct aid to state and local governments. However, somewhere in the range of $140-$150 billion should flow to state governments, local governments, and other public-sector agencies. This includes aid to K-12 public schools and higher education; COVID testing, contact tracing, and vaccine distribution; public transportation and state highways; and more.
• Expanded food assistance. $13 billion in additional SNAP funding which will allow an expansion of the program by 15% for six months.

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 [25] 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 December 15, 2020

We continue to urge 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 and is experiencing COVID-19 outbreaks, we encourage you to demand that your employer shut down and pay all workers to stay home until testing shows that it is safe to return to work.

For any workplaces remaining open, 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 as soon as 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?” [10] 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, increasing workplace ventilation, 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.
  • 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). See these World Health Organization recommendations [19] for more information.
  • The employer should adjust work processes to ensure that workers can be a safe distance from each other.
  • 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.

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 [21].)

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 [14]. 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 [27] 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 [28], “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” [9] 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 [9]” 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 [30] and Occupational Safety and Health Administration [31] have comprehensive guidelines that apply to keeping workers safe. These include guidelines for returning to work after infection [32]. 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 [33] 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 [27]. 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) [21]. 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 [22]

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 [25] 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 [34] 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 [35]. 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.

NOTE, January 11, 2021: Please refer to our summary of the Coronavirus Response and Relief Appropriations Act [7] for information on which provisions of these earlier pieces of legislation remain in effect. We will no longer be updating this page

These are the highlights of the bill that was passed by Congress and signed into law on March 18, 2020.

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 [38].

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.

NOTE, January 11, 2021: Please refer to our summary of the Coronavirus Response and Relief Appropriations Act [7] for information on which provisions of these earlier pieces of legislation remain in effect. We will no longer be updating this page

This page was edited in September to reflect the benefits still available to working people as of September 1, 2020. When this legislation passed in March, we knew it would be insufficient to meet the needs of working people during the economic crisis caused by the pandemic. Unfortunately, Congress and the White House have failed to prioritize the needs of working people, and many of these minimal benefits are now gone (these are shown as struck-through below). Most of these remaining benefits will expire December 31, 2020. We need a robust federal response in order to prevent millions of Americans from being evicted from their homes, to keep food on the table and state and local government services operating, and to ensure the safety of our elections. Congress must pass a new bill to meet the needs of the millions of unemployed workers and all of us who are still facing the threat of this virus.

In early August, following the breakdown in talks for a replacement bill for the CARES Act (itself caused by the inability of elements in Trump’s negotiating team to meet halfway with Democrats in Congress), the Trump Administration issued four executive orders purportedly meant to address elements of the CARES Act which were expiring. These four executive orders include a totally toothless statement on evictions and an illusory payroll tax holiday not worth addressing here. However, a very limited (in duration and dollar value) continued expansion of unemployment, along with an extension of student loan deferment, do provide tangible benefits to some workers, and thus are mentioned in this updated summary.

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 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.

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 the last full week of July, 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).
  • Every worker entitled to unemployment, regardless of how little, qualifies for this $600 check.
• 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.
• 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 normally have a one-week waiting period to begin benefits. The bill contains funds to ensure that week is waived due to the public health emergency.
• 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.

On August 8, the Trump Administration issued an executive order which institutes a much more limited version of expanded unemployment. This provides an additional $300 per week in federal funds, and gives states the option to fund an additional $100 in benefits themselves. However, this expansion contains several limitations that the CARES Act did not, including only being available for those currently receiving $100 or more in regular unemployment benefits. In addition the pool of funding used for said program is extremely limited, and expected to be exhausted after no more than five weeks. Most but not all U.S. states have applied for this more limited expansion, but the effective date varies from state to state, with some beginning to pay out benefits in late August and others not expecting to be ready until October. Much is still in flux, and will not be finalized until the program deadline September 10.

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

Businesses and nonprofits that employ less than 500 workers have been able to get forgivable loans, essentially grants from the federal government, through the Paycheck Protection Program. This paid for 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 were arranged through local banks to speed distribution but they are backed by the Small Business Administration.

While Congress extended PPP funding in two separate standalone bills, the ability of new businesses to enroll expired on August 8. However, it remains in effect for any businesses which have already qualified for loans.

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.

Approximately 10%-15% of qualified Americans have yet to receive direct payments.  If you have not received a payment, there are several steps you can take. Rather than directly call the IRS, it is suggested you first use the Get My Payment online tracking tool [40]. Individuals who have not filed taxes in the past two years may also have to file some information online with the IRS in order to proceed [41].

Aid to state governments has held off major public-sector layoffs so far

Around $150 billion in federal money had 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 a welcome lifeline for public budgets and public employees right now, it is insufficient to prevent public-sector layoffs in the longer run. 

Further federal action is needed as soon as possible to provide direct aid to state and local governments.  If no such aid is forthcoming, it is likely there will be catastrophic levels of public-sector layoffs in many portions of the country.  This will also  result in a dramatic scaling-back of the social safety net during a time period Americans are more in need of government help than any time since the great depression.

Support for homeowners and renters

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

• 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 December 31, 2020 without penalty to the borrower. Also, interest shall not accrue over this period. The CARES Act ended any existing wage garnishment (the new Trump Executive Order is silent on the matter). The first six months of deferred payment counted towards any loan forgiveness program, although once again, the Trump Administration does not appear to have addressed this in its extension of student loan deferment.

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.