Frequently Asked Questions

Q: As a Clerk, do I have the right to honor the Pharmacists’ picket line and refuse to work while the Pharmacists are on strike at my store? 

A: Yes. Under your collective bargaining agreement, all employees have the individual right to exercise their conscience and make the choice to cross or not to cross a sanctioned primary picket line. If the UFCW Retail Pharmacists go on a strike that has been sanctioned by UFCW Local 770, the UFCW International Union and the Southern California Food and Drug Council, employees cannot be discharged or disciplined by their employer for refusing to go through or work behind that lawful, sanctioned, primary picket line. This must be the individual employee's decision. The Union may advise employees of this contract right, but it cannot direct Clerks to stop working or pull them from work. Please review Article 14, Section L of the contract.

Q: As a Clerk, can I receive Union strike benefits if I choose to honor the Retail Pharmacist’s picket line? 

A: No. As an individual Food Clerk exercising your right to stand in solidarity with your fellow employees, you cannot receive strike benefits from the Union. This is because the Union is prohibited from authorizing, sanctioning, or in any way approving a strike pursuant to the no-strike clause in the collective bargaining agreement that covers the Clerks. If the Union provided strike benefits to Clerks, it would be a direct violation of this no-strike clause, and the Local could face significant legal consequences.

Q: If I choose to continue to work during the Retail Pharmacists strike, can I still engage in other protected concerted activities to support my striking co-workers? 

A: Yes. Clerks who decide to work during the strike may still engage in activities in support of their striking coworkers in their off-duty time. Clerks may visit and walk the picket line during nonwork time (i.e. a break or a day off), so long as it is clear that they are there to support the striking Pharmacists. This means that a Clerk should not carry a sign which states, “I am on strike” or anything to that effect.  

Clerks can also wear union buttons, distribute union handbills or leaflets on nonwork time and in nonwork areas, attend rallies on nonwork time, and speak with co-workers and customers about the issues facing Retail Pharmacists on nonwork time and in nonwork areas.