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tv   [untitled]    November 16, 2014 5:30pm-6:01pm PST

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out how to manage the predictable schedules that help a company's bottom line, and we learned that the largest chain stores and known as formula retail establishments have the ability to provide predictable schedules for employees with just in time scheduling technologis that can auto generate the schedules based on customer, flow projections. and while, san francisco has been a national leader for a living wage, a higher minimum wage as supervisor mar alerted to is definitely not enough to lift individuals and families in our city, out of poverty, these efforts must also be complimented with fair and predictable schedules, as supervisor mar acknowledged, our ordinance will apply to formula retail employers for employees in the city and there are about 1250 formula retail establishments in our city who employ, over 35,000 employees about five percent of our city's workforce, the ordinance is item number two on today's
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agenda, will apply and essentially, accomplish four things. first, it will require formula retail employers to post schedules 14 days in advance. secondly, it will discourage erratic schedule changes and cancellations by providing employees to provide predictbility pay for last minute scheduling changes, specifically, one hour pay of changes are made in the last 7 days before a day that a worker is supposed to work or two to four hours of predictbility pay if the changes are made in the last 24 hours which is similar to the reporting pay time that is already required by the state of california. and third, our order thans will discourage the use of on call shifts to require them to provide predictbility pay for the on call shifts that are canceled in the last minute and lastly our ordinance will provide part time workers with equal access to promotions, hourly wage and time off.
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and i look forward to the conversation today and i do want to thank the amazing coalition that has come together on this, and this was an example of supervisor mar was working with one group of working family advocates and i was working with a different one and we decided that we should join forces in particular, i want to thank, advocates from the next generation and the legal aid society and the planet law center and ucw and others who worked alongside of representatives from employers to move forward the version of the ordinance that we have today. and colleagues, i look forward to your conversation and i want to mention as supervisor mar mentioned that i will ask for a couple of amendments to the ordinance that i have proposed one in particular to harmonize the record keeping requirements. there are several other comparable worker friendly ordinances that we passed this past year, that ban the box legislation, and the family friendly workplace ordinance that both have record keeping requirements of three years and our legislation had a four year
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working requirement and what we want to do is harmonize that and have a consistent three year record keeping requirement for all of these ordinances and a second chance that i would like to suggest and have conversation about this, is to make sure that there is enough time for the osc and the employers to educate the employees as to what their rights are. and in the ban the box legislation and the family friendly workplace ordinance there is a 12 month ramp up period and i would like to get the feedback to see what would be an appropriate ramp up period and i would like to be sure that we are consistent in that area. and a third amendment that i would like to suggest is that we have been having a discussion around the 90 day requirement around the staff retention, and the hospitality ordinance that we have passed some months back had a requirement that this apply to businesses over 200 employees and my suggestion is that we make that consistent in this ordinance as well. but colleagues, i look forward to the discussion that we are going to have today and the feedback that we are going to
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hear from the public comment as we move this forward. >> supervisor avalos has a question? >> actually, i didn't have any anything to say, except this legislation is something that i am really excited to support. it is legislation that has been a long time coming especially in a way that our economy works, and workers have been squeezed over the past 30 years and having some predictbility to scheduling, and having some standards in place about retention. and makes so much sense, and it will give workers and in san francisco, some real leverage to make sure that they have a workplace, that is going to be considering their full lives. and i do have a concern about franchise agreements with 20 or less employees being carved out of this legislation, and not being subject to this
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legislation. and to me, that we can fit and dramatically, and i don't think that we need to have support for the passage of this legislation, by having the carve-out, and that i think we can get the passage without it. and would like to entertain the idea of not having a carve out for the franchises with 20 or fewer employees. >> thank you. >> so, colleagues, if there are no other comments, and let me just say that we have about 30 speakers and i am going to do my best to call them in the order that they were given to us. but also, i wanted to ask if people can keep your comments to within two minutes. so that we can get through this hearing as speedly as possible. and i know that the amendments that have been offered we are doing our best to work with the city attorney's office to come up with finalized language and hopefully at the end of the public comment we will have the time to talk about those potential amendment and so with that, let's open it up for public comment and i am going to call from a list that was
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given to me, connie ford, tim paulson, and honing bam and sandra hererra, julia fisher and grove, and wielly and ignatious. once your name is called you can line up at the center aisle if possible. mis ford? >> supervisor, mar, supervisor avalos, my name is connie ford and i am a proud member of jobs of justice and i am also a proud member of the labor movement, working within the labor council for a small non-profit that both organizations bring together labor and community, in terms of trying to preserve and make and continue san francisco to be the best city that we can possibly be, by addressing the needs of all. many of us have been working on this you for at least two years or more, and we are very, very,
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very excited to be here, to be able to combine both president chiu and supervisor mar's legislations into a piece that we called the worker retail worker bill of rights. the worker bill of rights begins to, i am sorry, continues to address, continues to address that whole economic disparity that we have within our city, and that we have been told, nationally, we are the apex of the economic disparity, and we got together, a year ago. and we came up with the strongest and the best and the broadest, and the minimum wage, ordinance that this country has seen and we passed it just last week with flying colors and that begins to address it and the next one, and the next issue that we are addressing is the worker's hours and, predictbility, security, and job security, and issues and that is what this does and then, next we will have to go on and continue to work on the housing question, and we are a coalition of over 30
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organizations. some of the finer points of our coalition, has to do with the small businesses which are a part of our coalition, sf loma joined us a while ago and have been advising us and they are proud to be sponsors of this and our coalition could not be prouder to be here. and we will just say, real quickly,... >> please continue. miss ford. >> i just want to say real quickly that the compromises that we have made around this ordinance for both supervisor and president chiu and supervisor avalos have enabled us to move forward and to get to the point that we have. and these are a very common sense proposals, that will begin to address the needs of over 40,000 work and hers when we learned that there is organizations large chain store organizations out there, and that only hire part time workers we are appalled.
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and it does not matter the people could be making 30 dollars a hour, and as a part time worker you cannot afford to work in this live, and we are now addressing hours worked and prao district able schedules, and security and justice, for part time workers. and this, ordinance, and these ordinances and these pieces of legislation, bring it together to call something that the formula retail we are very proud to be here and we are very excited to be here. >> thank you. >> mr. paulson? >> my name is tim paulson and i am the executive director of the san francisco labor council and we represent over 100 unions in various industries in san francisco and we are here to support both of these pieces of legislation, and to put this in context. those workers in san francisco, that are represented by labor union, well they are in the in construction or education and firefighter or retail workers, they have a voice at work in terms of what happens, not just on the economic issues, and
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benefits but also on working conditions and hours, and what have you. and so the labor council is proud to be part of this incredible coalition, that has been working for almost two years and in particular the last five months to put these pieces of legislation together. and i want to particularly thank president chiu and supervisor mar for spending as much time as you have. because we have been meeting almost weekly, and not just among the 30 or so, groups in the bay area, labor and community, and policy groups in the area to put together this good ground-breaking legislation, but we have also brought in national educators and legal folks to make sure that we really have something that works and it is something that is broad and something that could also be used as president chiu said, outside a few minutes ago, something that we could have as a model in san francisco that could be used in other areas and because i know that people are going to be looking nup up in san francisco to do something, as they often do with the
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legislation and, this is incredible and i don't think that the labor council has been with a more stronger dedicated group and we sometimes drove each other crazy because we came up with new ideas but this is the way that we do things in san francisco. so we are proud to be the labor council part of this coalition and we ask that this gets out of committee and that we move forward to get this passed in san francisco. thank you very much. >> thank you mr, paulson. >> next speaker? >> miss fan? >> good morning supervisors i am with the california work and family coalition and i want to highlight the concerning data about the workforce, since 2006, right before the recession hit the member of me voluntary part time workers in california has tripled here in san francisco a quarter of the workforce is employed part time, more and more workers have hours and experience,
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unpredictable schedules, and in particular, they are in retail, are at the greatest risks. two-thirds of our street service employees and half of the retail employees receive the schedule less than a week in advance, and the majority of them experience fluctuations from the work hours from week to week and month to month, do not know when or how much they will get to work, this makes it impossible to plan for child care, a second job or plan the finances on the past, supervisor chiu, we heard from businesses that have good scheduling practice and some of them have just one or two locations in the entire city. and they show us that it is possible to profit and thrive, from thoughtful policy that support workers and their families. formula retailers in particular, are the best positioned to adopt the standards and i want to emphasize that the fast
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majority have 1,000 locations nationwide and five percent have fewer than 20 locations and the majority also employed, on average, about 20 workers, per site in the city. but, the proposed ordinance before you today allows the employers to make the schedule changes and aoe in advance, and improve the stability in the lives of workers and i respectfully ask you for your support on this ordinance. >> thank you, miss fan. >> thank you, next speaker? after this number of speakers that i have called, i should actually allow donna lef visit to make the comments and, then we have regina who heard this last night and to also make comments so that is after the end of this list of speakers, and so mr. ortez. >> i am a retail worker at macies in san francisco and over the last three years i had the benefit of having the better treatment that retail workers receive in san francisco and one of those
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benefits has been my stable schedule. i know that i am off on tuesday, wednesday and saturday, every single week and i also know that if my employer gives me a shift with less than two weeks notice i have the right to say that i am sorry and i have other plans and i cannot make that shift without being punished to tell them that i cannot work those hours. >> this great for me because i am a student, but some of the problems are trying to scramble to find child care and having to pay money to go to work to break even and don't lose their job. and many are working two jobs, if you are schedule for a job and another job gives you more hours, and it just causes a lot of chaos in people's lifes. and the retail worker's bill of rights, will cover two of those problems and at least give the people two week notice so that they can make the alternative plans, and so that they can make plans for the lives, and also, what it will do, and it is going to promise the part
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time workers, more hours, which will give and create a more full time workforce here in san francisco, and i feel like not giving people hours, is causing a lot of problems, and also just within the community, you have the kids at home, and whose parents are trying to make rent, and they are raising themselves and they are doing it themselves when at the can't get hope for it, and it is a vicious cycle and, other than that, thank you all for your time. >> thank you, for the speakers, there is a soft ding that comes 30 seconds before the time is up. >> next speaker? >> hi, thank you for having me, my name is julia perish and i am a lawyer here in san francisco, and we are non-profit and legal organization that advocates on behalf of the low wage workers and part of the program has a free help line where the people can call with their questions and last year, we got over 2,000 calls to the work and family help line for the families struggling with exactly these issues from serious illness to child care to a variety of things and one
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of the most frustrating parts of my job is when i have to tell the people that there is nothing that exists in the law that i can do to help them. and they have no recourse for some of the abuses that are going on and i am thrilled to be here to support this legislation, and to have participated on the predictbility task force to talk about it from an academic standpoint and a business standpoint and i just wanted to point out a couple of striking statistics that under score the need for this. part time workers on average, earn less than fun time workers and this is workers with similar attributes including education, and women earn, 20 percent less as part time and men actually earn, 27 percent less, and unpredictable schedules impacts parents of young children, the most severely, in fact, nationally, for parents of children under 12, 46 percent of fathers and 32 percent of mothers have less than one week notice of their schedules and as you can
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imagine this makes things like setting up bedtime, and meals, and things that have been shown in academic studies to promote child development and be important, stable foundations for families are underscored by these predictbility problems and i am excited to be here and i want to thank supervisor mar and president chiu for their leadership and it will help the family to accomplish the things that they need to do so that no one has to choose between their work and their family and being able to pay their rent. >> thank you. >> next speaker, miss fisher? >> good morning, thank you. i'm julie fisher and i have worked in the city 30 years last week. and i am very happy to be here and able to speak about this great effort, and i want to thank everybody for their contributions to supervisors and everybody in this room. and a lot of groups have
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overlaped their efforts to try to establish a great standard so worthy of san francisco and in particular, the 14 days, final notice, will enhance so many people's lives. and it see every day as i come to work on muni or through union square, people kind of skurrying around and these unpredictable schedules, are reflected in each of their faces. and how many hours are they working today? do they even get to stay and finish their shift? are they going to be able to keep their doctor appointments or have dinner with their children or pick up their children at school? and one thing that i have not heard mentioned yet but is a factor, is the people that have children but are caring for their elderly relatives. and this program, the workers bill of rights, is a great way to raise workers dignity, and to establish their lives in a comfortable way so that they can actually do their job really well and still have a
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good personal and private life and i can't speak enough to the importance of establishing steady hours and adequate hours so that you can cope with the budget required to live in this area, so thank you for your support, and i am looking forward to san francisco, once again, leading the way. thank you. >> thank you, miss fisher. >> can i just say that again, after this first group of speakers, that includes, i think that the last names were mary, ignatios, tory and fish, but after this, list of speakers, then we will ask if our office of small business, director regina or donna leavitt want to make the comments as well. >> my name is grove wielly and thank you so much for working on this bill of rights, i am a sales associate at macy's, and i have been working in retail for seven years and i have had the benefit of a set, predictable work schedule for most of that time and, what
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that enables me to do is take classs for professional development and it has enabled me to volunteer with the spiritual organization on a regular basis, and that i am a part of. and most importantly, it has enabled me to take care of my physical and mental health, with regular doctors appointments that i can schedule in advance, and regular sleep cycles, which is extremely important for me. that i can get with the set predictable work schedule, do i want to say that i worked for a little under a year at blooming dales in los angeles and i did not have a set, predictable work schedule and it basically created havoc with my life, not only that, but, i was getting calls on my days off, from co-workers who were scrambling for child care, coverage and begging me to pick up their shifts because they could not work them. so, i just want to say that it is, and i am a family of one. but i am also thinking of all
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of the families, with children and with parents that they are taking care of. and we all have a right to have a good work life balance, so that we can do a good job at work and also take care of our needs if we are not at work. >> thank you. >> next speaker? >> hi, and my name is mary, and i am the state wide organizer for parent voices and we are a parent-led, and parent-run grassroots organization to expand access to quality affordable child care and we are able to participate in president chiu's predictable scheduling task force and able to bring in the child care issue. part of it is that they are scrambling, to find child care, when they are subject to these unpredictable schedules, but for many families who work in low wage industries, they qualify for subsidized child care. and within the subsidized child care system, if you have unpredictable schedules, you have to report it. and you have five days to
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report it, or you could lose your child care subsidy. and so low income families are constantly scrambling to provide documentation, over and over again, about these schedules. and it is completely stressful and it is wreaking havoc in their lives and that is falling on their children as well, as julia mentioned it is an impact in their ability to be home and sit down and have a meal with their children and to create routines and read at night. and all of the things that we know that families need to develop healthy children. and this legislation, is really about stability. and so, we ask for your approval today, to get it to the board next week, and i will just end that, you know, unlike las vegas, what happens in san francisco, does not have to stay in san francisco, we really want to see this go across the state and across the nation and we stand in solidary with you. >> thank you. >> next speaker?
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>> my name is michael flores and i am a labor and public policy student and i am also a part time worker at a massive grocery chain and this is a complex situation because we have an open public democratic and we also have a private. work is a commodity, it is imperative for a person's dignity and well-being and development as a human being. we work for others to produce goods and services that we cannot enjoy, the trouble that we are in is systemic and the out come of the rules and priorities that define our order xwe need to change that. and systems and social rootlessness, such as unfair, abusive scheduling practices where everything is geared to the maximizing profit and taking advantage of the
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vonnerbility of workers goes against the cohesion that defines this city, everything is geared to the improvement of the economy and not towards improving the quality of life over people, but with this piece of legislation that will change. this bill will give workers the autonomy to allocate the leisure to maintain the quality of life that the workers deserve.
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thank you. >> next speaker? >> good morning, my name is sandra, and i am a little bit nervous, i am sorry. >> it is okay. thank you for your time, i work for a grocery store chain and i see a lot at my store, and i am talking about. and but it is very hard for us, because we only give us 24 hours and they change our schedule freakly, every week. and so, once you work there, it is so hard for you to get another job and i am a mother of four kids and so very difficult for me to go out there and look for another job, because the hours and what they give us is difficult. sometimes, in the morning and sometimes in the afternoon and sometimes late night. and there are times that i have not been able to feed my son and my 5-year-old son for a day or two, because he was go to school all day and i have to go to work in the afternoon. and then in the hours they give us a short, also, is leaving me
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trouble of really putting my kids at home. and hard for me, to tell them, you know, this is our dinner for tonight and everything, because i don't know how much i am going to bring home. because only giving us 24 hours. and it is so hard for me to explain to them why it is so, i cannot buy you the stuff that you want. because like i said, most of you guys, all of my people here have said, everything that we all need to hear. but it is my experience at my work of so many hours that they giving us and i am not, asking you guys to pass this, how do you say this? to support us, i am just begging you for your signature for us to continue all of this that we are going through. >> thank you. >> thank you.
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>> good morning supervisors i represent, lc w, local 648 and macy's and i am a union organizer and i not only saw the day-to-day struggle of workers but i also lived it, erratic scheduling and the uncertainty of having to choose between feeding your family paying your tuition or paying your rent is no way to live, and it is harder when you live in san francisco, not knowing what hours, workers are going to be given is what workers are challenge $with day-to-day, and it is about time that we were given the set schedules to be able to live the normal lives and be a regular part of their family's lives and minimum wage is going to be increasing but what good will it do if you don't have the hours? back in the day, as we have all said it here several times, we used to work paycheck to paycheck and now the workers are working and living hour to
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hour. and so ucw, local 645 and macy's support thises and we thank you for your support as well. >> thank you for your leadership on this legislation too. >> mrs. tory? >> good morning, supervisors, i am the organizer of parent voices here in san francisco and today i am going to share, briefly a story of my son and i parent who cannot be here because they are working. my son started working in the giant's dug out, and they are called when there is a game and sometimes go home at two and so he left the dug out, although he was proud to have been part of that organization and, so he moved to target and he thought that he would get a better deal. it is just, and it is the same thing, because he would get his schedule on saturday or friday, of a week that will start on sunday and that does not give him much option and because he
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is part time they would not give him eight hours it is like a four hour, on a spread over the week and so he could not even get his days off in two consecutive days and he started college and this gave him a problem in making choices in classes because it impacts the scheduling not only, and with the subjects that he was trying to pick and so, he could not get another part time job and save enough money and could not make other plans and he told, or reported of his kind of held hostage by that unpredictable work schedule and another, story is about this mom that works at safeway and she has a two-year-old, and she works generally from four to 12 and sometimes that will change and sometimes she will get her schedule a few days ahead of the workweek and so, it is very difficult to make the child care arrangements that way and as mary said we need the stability and i am glad that we
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are introducing this legislation and the workers, that are part of the economic growth and the economic development, thank you. >> and thank you, miss torry and now i was going to ask if my colleagues are okay, to have regina the director of our small business commission to give remarks and i know that donna is here but i think that she will be giving remarks later if she would like? >> good morning, supervisors, and thank you so the small business commission heard both of these items on monday evening and i apologize, because of the holiday, and i did not get to complete the commission's written response, many of the items that were or that are in the response, you have already addressed and really greatly appreciate that, in terms of lining up some of the time lines, and reporting periods, with the family friendly ordinance and that, and the chance ordinance, and also, with