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Law360 (April 8, 2020, 8:29 PM EDT ) A national grocery store operator and the nation's largest food and retail union are attempting to designate grocery workers on the front lines of the coronavirus pandemic as first responders, to get priority testing and protective equipment.
Albertsons and the United Food and Commercial Workers union said Tuesday that a temporary "extended first responder" or "emergency personnel" designation would provide masks, gloves, testing and other workplace safety protections for the workers deemed essential as they perform jobs that could expose them to the novel coronavirus.
The classification would align store clerks with the status that covers nurses, paramedics and other emergency personnel.
But accomplishing that will require a "national effort," Albertsons' President and CEO Vivek Sankaran and UFCW International President Marc Perrone said in a full-page advertisement in The New York Times on Tuesday, urging lawmakers and other stakeholders to consider the designation.
"Now, more than ever, it is critical that we unite," Sankaran and Perrone said in the letter. "Not only must we work together to protect first responders and health care professionals, but we must also protect the associates who work at our supermarkets because their service to our communities is absolutely essential during this time."
So far, a few states have taken the lead by including grocery workers within their emergency worker designations. In a March 17 order, Minnesota Gov. Tim Walz classified food distribution workers, or store clerks, as Tier 2 emergency workers, which provides free school-age care for those workers' children.
Massachusetts, New Jersey, New York and four other states have announced similar measures to provide child care for essential workers, which includes grocery store clerks. Massachusetts and Pennsylvania have also taken measures to ensure safety at grocery stores.
At the federal level, Senate Democrats announced efforts Tuesday to include a "heroes fund" in a future coronavirus response bill that could provide grocery clerks and other frontline workers up to $25,000 in extra wages.
The fund would pay certain essential workers $13 extra per hour through the end of the year and shore up staffing at struggling health and home care providers and first responder services by providing $15,000 bonuses to entice recruits.
Lizzy Simmons, vice president of government relations for the National Retail Federation, said the safety and security of retail workers is the trade association's "top priority," while not commenting on whether it would support the temporary classifications.
"Retailers are following [Centers for Disease Control and Prevention's] Guidance for Businesses and Employers, which includes cleaning and disinfection guidance, best practices for conducting social distancing and other recommendations," Simmons said.
--Additional reporting by Braden Campbell. Editing by Stephen Berg.
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