and then come together to put out a piece of legislation that will protect all involved. >> and i do appreciate keeping the consistency with the fair higher and family nrux and both of these ordinances are meant to protect the workers and i think that keeping with consistency is the best way and i agree with the ramp up period so that the employees are not scrutinized for asking for what they deserve along with the employers understanding and being able to have the time to figure out what the ordinance says, and how they can best implement it. >> thank you. >> thank you, and i have another card for juli, babano. >> next speaker? >> [ speaking in a foreign language ] >> my name is maria lorves from i am here from lacollectiva in san francisco.

>> so, a point that i want to make here is that a lot of our time is not valued if we are not respected as workers. and a lot of the cases we show up to work, and then the employer decides that maybe they don't need us any more and so we lose that time that day that could be invested somewhere else. so my question is given if that we wash dishes and we clean the floors and the stores and does that mean that our time is less valuable? >> so whether, full time or

part time workers we deserve equal treatment. and even if we are a part time workers and you know that time for us is valuable to know if we are going to work are be able to invest in the health services for ourself and our families because we are here and we are hard workers and just trying to get and, move forward. this is why we are supporting the retail workers bill of

rights. >> thank you. >> thank you for your time and listening. thank you. >> next speaker? >> good afternoon, supervisor and good morning, supervisors tim lazarez, san francisco chamber of commerce and we had great success of working with supervisors and advocates on a number of pieces of legislation in the last year and a half. and the family friendly flexion time legislation, and the fair higher and the ban the box legislation and the minimum wage that was just on the ballot and because we had an opportunity to sit down with the employers, and with the labor and with the civil rights advocates and the supervisor and their aids to work through the legislation. and we started that process earlier this year, through the good offices of supervisor chiu. but then, in the summer, we are confronted with the legislation that we really had no impact in the drafting and we urged this, legislation, to be continued today, to next week's meeting. to have your offices bring the parties together. and i think that in many areas,

we are probably close to where we is could have agreement. and but there is a lot of complicated issues in this legislation. and whether it is the definition of formula retail, and then we find out that a whole category of subcontractors have been added last week to this legislation, that are not here. and don't even know about the security and janitorial coverage under this legislation and they see it as formula retail which they are not. and limits on part time employers will cost jobs and we need to work through that issue and the actual penaltis for changing predictable work schedules still need to be worked through and the worker retention issues conflict with two existing ordinance and unless that is straightened out and that is the legislation of some years ago and just a few months ago, the hospitality industry, retention notice legislation, that the board passed, and then administrative and penalty provisions. and we negotiated for weeks on

broad administrative and penalty provisions for this type of legislation. and it came out of the fair higher legislation, and this is very different. we need to sit down, together, and work out these issues through as the employers with the advocates and the board of supervisor and we urge you to continue these two ordinance to next week, so that we can come up with one piece of legislation, thank you. >> thank you. >> mr. lazarus, next speaker. >> thank you. my name is julian ball and i am an organizer with the community group, san francisco ace. and we are a state wide organization with community and issue-based chapters here in san francisco and we have worked a lot about housing. and around housing, and the people have talked about you know the effect of not being able to know when you are or when you are going to see your kids, if you don't know what your hours are going to be, and not knowing what your pay is going to be, and that also

means that you don't know when your, how you are going to pay your rent, or how you are going to pay your mortgage, so, one of our members, who could not be here today, fought and saved the home of her 92-year-old you think uncle that was in four closure and even now she is not able to live here in part because she has not been able to find a full time job or a job where she can predict her hours. and so, she is moving to texas at the end of the month and so even, after all of that. so, you know, i just wanted to encourage the board to keep this legislation as strong as possible. and i mean, that at a certain point, you know, you can talk to all of the different stake holders involved and try to, but the important thing is, while we are, while haggling over the details happens, and

those are more and more families. that have to leave san francisco. because they can't have a predictable schedule or a full time hours. thank you. >> and thank you, for ace's involvement in the coalition as well. next speaker? >> good morning, my name is lara fish and i am the community organizer here at local two and we represent over 12,000 hotel and restaurant workers in sanmateo, and san francisco counties and i am here to express our support for the retail worker bill of rights, and our solidary, with the retail workers who are forced to work, involuntariary part time hours and forced into erratic schedules and so we know that without this legislation, the workers and many retail outlet cans not participate in their communities or their family and they can't make the doctor's appointments and can't take care of other family members and they can't generally make ends meet or plan a budget, so while the local twos that been able to secure the predictable schedules, there are far too

many workers in the city that don't have those same rights, so we think that this, and you know, this group for their support of the bill and urge you all to move forward with it as soon as possible. >> thank you. >> i am going to call a couple more names, martin and michelle lim. >> good morning, my name is tuve, and i am a family organizer of samcam and i am here to represent the philippine community, south of market whose population belongs to the retail store and the workforce of the retail store in (inaudible) and target and actually, as a family organizer i have not, i have encountered parents who complain about unpredictable schedules that impact the family appointments and in this regard, i urge the legislators to please support in the passage of this bill of rights. thank you very much. >> thank you. >> miss cabanda.

>> good morning, supervisors, and i want to first thank you for putting this legislation together, it is really important that you listen to the workers who are suffering and in this economic situation. and aside from the housing vie sis, we definitely have a workers crisis and this legislation was overdue for a long time, members of (inaudible) have expressed that they were forced to actually find or sign a contract to go to part time hours on top of that, their hours are inconsistent and that really impacts families, and individuals. so for example, we had a father whose child was at, or is in the system and in regards to the jails told him that in order for his son to be released he has to have or be at the home between 3 to 4 p.m.

after 3:00 p.m., but he can't have that because his work would not allow it. he had, he had hours that are not stable. and therefore, he had to make a choice of is he going to be there for his son, or is he going to live this work? and that really puts a lot of people and vulnerable situations. and that is what we really need the legislations like this to help, not just the families, working class, families and poor family to stay in their homes, but also, be able to have a work for their family, thank you. >> thank you. miss cabani. >> miss martin? >> good morning. and really excited that sisww, have been able to work on these pieces of legislation, and usww represents hundreds of security officers, that work in formula retail establishment and banks as well as janitors at safeway and when we were organizing

safeway we found out what the working conditions are for the contractor positions for workers and retail and there were folks that were getting the personal checks written in crayon that bounce and people did not know if they are working there and organizing in the safeway we were able to eliminate those working conditions in one grocery chain. but, just think about what is still happening in the rest of the grocery stores for the contracted property service workers in san francisco, who don't have a union. and we are included in the more legislation and we are really excited about that and we hope that we can be included in the predictable scheduling as well and we provided the information that 40 percent do suffer from the unpredictable schedules. >> thank you. >> miss wynn? >> good morning rntion supervisors, my name is michelle limb, and organizers of jobs of justice and, so i first wanted to thank you for everyone's work on this.

and you know, we have a large coalition that has been working on this for months, and maybe it has been a year, and the first piece of this is introduced in july and so we have had a lot of time to think about what these provisions actually mean. every work that we week, is another week that a mother or a father and a student has to work to not know what their schedule is, every day counts now. >> and, you know, really, when we think about these provisions, they are common sense, provisions. almost to the point where they should be human rights to know that if i apply for a job and i need to work full time, i can get the hours to actually pay for that i house for food, and for my kids, and we talked to, small, you know, even people from our community, who used to have a business, and they said, it is possible to get predictable schedules and it takes more work and today, the legislation that we have are

really principal to guide businesses to spend a little bit of extra time to actually, give predictable schedules, and it is doable. and we don't have to cancel shifts last minute and, we don't have to, call people in, the burden should not have to be on the worker. any more and we have a chance to change that now. >> and just wanted to also say that further retention issue, we actually and it is the same, as what is in the state law for janitors. thank you. >> if there are know other speakers let me close the public comment and thank you so much for giving the stories and the testimony today. i know that we have a number of moving pieces that are before us, and i have submitted the amendment in the form of

substitute legislation that it is before everyone that has a carve out of the wave of the collected bargaining agreement, portion. and my sense is that, for the formula retail food, and beverage, within hotels, that we have more conversations about that one, and i am not moving that one forward right now. but i would like to ask if my colleagues have any closing remarks before we move on to these amendments? >> president chiu. >> before we move to the amendments? >> actually, we could go to the amendments now, but also any comments that the colleagues have as well. >> sure, first of all i want to thank all of the members of the public that have worked on this for the better part of a year and i think that we have really moved forward with this conversation and the significant way, and really, tried to fine tune this language in recent months to have it addressed the issues and challenges that we are trying to face and as i mentioned earlier there are at least three amendments that i would like to move today.

and really this is in lines of trying to make this consistent with other local laws, and that governor the workplace rights. and the first is around a record keeping requirement, and the suggestion it is that we use the three-year requirement from the fair chance and the box legislation, from the family friendly workplace ordinance, and in both items one and two, and i am not sure if you want to take this one at a time or if i should go through each of the amendments? i know that supervisor avalos may have another amendment but i think that doing them one by one and then getting a motion and approval if possible. >> i would prefer if, >> and if you want to list yours. >> sure. >> and we can make them one by one. >> but i wanted to hear them altogether. >> sure. >> so, the second amendment would be around creating consistencies around the ramp up period and we all know that given that we are just passing the new formula retail law and, given the challenges that olse, articulated around the

implementation and the budget challenges and the staffing challenges and the amount of time that it is going to take to identify the formula retail business and my suggestion is that we amend the operative date to be 6 months out as donna leavitt mentioned and we add a 6-month ramp up period where the employees are given warnings and before being issued notices of violation and this is comparable to the box legislation and the family friendly workplace ordinance that had a one-year ramp up period and i suggest that we have that period and so that olse can really figure out how to implement this appropriately, and move that forward. and then, third, and this is something that i wants to have the discussion around and i do think that the hospitality ordinance which we just passed a few months ago had a staff retention requirement for 90 days, upon the sale of businesses with the over 200 employees and my suggestion is that we use that same 200 employees standard in our

ordinance to be consistent with that and which i think will capture the types of corporations that are the national formula retail chains that we are talking about. and i will also mention and i appreciate that there are employer advocates that will prefer there to be less predictbility pay for some of the prescribed time periods that we are talking about and i want to acknowledge that the legislation and reflects a balance and i had and i know that supervisor mar has had meetings with employers and worker advocates and i think that it is fair to say that the worker advocates wanted more predictbility pay for more time periods and wanted less and i think that the idea that the predictbility pay for the one hour, for the week before and any changes and then in the final day, if there are changes that there be two to four hours worth of predictbility pay, based on the numbers of hours that the worker is supposed to be on the job and that to me, strikes the right balance and i am not sure and i would not be

supportive of the changes in that area and i think that we do have really a meeting, or i think that it is fair to say that both sides would want more, but i think that what we have got with us is the right balance and i look forward to the other conversations and the amendments that the colleagues want to suggest. >> thank you, supervisor avalos? >> thank you. i actually have again, i really appreciate the work that has gone into this legislation. on the community side. and the experience and workers have had for perhaps, decades or forever. and of not having predictbility in their schedules. and of course, negotiations that went on in the offices and the crafting legislation, and so that shows a lot of work and i will be supportive. and i believe that i can support these amendments that are being proposed by president chiu. and there is one that i am not really comfortable with and that is the threshold for 20

employees of the formula retail establishment and to be in this legislation, and i think that if we actually are carving out formula retail establishments with fewer than 20, we encourage there to be the very abuses that we are trying to regulate and i don't think that that makes a lot of sense. and there are probably can't be instances where there are formula retails that establishments that will not like this legislation, and that will find it difficult to carry out this legislation. but, i think that we actually are putting pay it forward policy, that we want all of the differences to be subject to, because, regardless of what size a business is and there are employees who are subject to hours, that they don't have total control over. and that he we have not done our work to create a policy that is as strong as it can be, and so i am hoping that i actually want to propose that

we take out the threshold of the employees and just have this legislation, subject to all formula retail establishments and these pieces of legislation and applied to all retail establishments and is that something that could be easily crafted and addressing our deputy city attorney. >> john gibner and so, yes, there are five amendments on the floor and supervisor mar it has been circulated and twot that chiu mentioned and we can draft all of those after today's meeting and provide them to the clerk. and just one procedural note, is that supervisor mar and the first four amendments and supervisor mar and the amendments can be adopted today and the board can adopt the ordinance as amended next tuesday, and the 20 employees amendment that you procedure posing supervisor avalos will require another opportunity for public comment before the board

finally acts on the amendment. and so, you could do that at a special meeting, or >> it is a possibility, for the whole of the board of supervisors? >> you could schedule a committee of the whole at the board for this coming tuesday. >> and that is for the avalos amendment only? >> right, the avalos amendment is the only one that will trigger another public hearing, but, if you pass out a single package with all five the amendments that have been discussed today, the opportunity for public comment on tuesday, will be on the entire ordinance and the people can come in and talk about the entire ordinance. >> okay. >> and thank you so much, mr. gibner and so we have five amendments before us, and let me just ask president chiu if you want to make the closing remarks as well. >> and i have a couple of comments on this and i certainly, appreciate supervisor avalos's suggestion around some of the smaller

franchises. and the reason that i think that it is important to have a carve-out, for those employees that are small, is that if you can imagine, a, if you can imagine a franchisees with a handful of employees and i think that it is hard with the smallest businesses to adapt to predictable schedules because you don't know if you have four or five or six employees, and a couple of folks are sick, i think that it is much harder for these provisions to be effectively implemented for such small shops, particularly with franchises as you know, that can't pull from employees from other places. so our legislation says that for example, if you are an owner of multiple franchises within san francisco and you have more than 20 this ordinance will apply to you, if you can pull from more than 20 even if your individual shop has 6, but you can pull from elsewhere, you have to apply to

that. but what we are trying to protect against are those establishments that have less than 20 that can't pull employees from elsewhere who may not be able to adapt quickly to changes in workforce changes that may happen over the course of a day or a week and i do have concerns that we are really putting those businesses in a bind, and so, that is why we have the provision that we have here, and i am happy to, have more of a conversation on that. but, i think that it makes it difficult. and so that is sort of number one, thought. and thought number two, is i was reminded, that my legislation did not include janitorial, and security guard services and i am happy to have that conversation, and i do understand from our deputy city attorney that that will be a subnative change as well and here is what i would like to suggest as a way to resolve some of these matters is that we have a special meeting and potentially next tuesday before the full board meeting at 2:00

and as supervisor mar and i have discussed, we do think that it is important for there to be a first vote on these ordinances, next tuesday. and just given the schedule of things, and but, if there are any final amendments that we can agree to and that are subnative that we can resolve it in the committee, and i am fortunately unfortunately will not be available on tuesday morning, but hopefully enough conversation happens by tuesday morning that if there is agreement on this, we can move those forward and then, vote on a first or have a first read, and at our 2:00 meeting and what i would like to propose as a four amendment is that we include the security provisions in my legislation and i want to say, that i have not had time to really review these. and so, our deputy city attorney has said that if we put them in, we can take them out or amend them if need be, at that meeting, but, if, if we don't put it in, it may require

another hearing and i don't want to delay this, so if that makes sense that we put in the provisions now so that we can have the discussion over the next few days and if there are other tweaks to address to what supervisor avalos is, and i am not supporting a broad taking out of the 20 employee exemption at this point. >> just to reiterate, you are considering continuing the item to a special budget committee that we wail make on tuesday >> it could be monday >> just any time before tuesday. >> i am not sure what day works for me best. but, i could go with that. and i just to address your concerns around the smaller formula retail. and i, you talk about the disadvantage that happens to the actual establishment and it we have it that happens to the work theirs are in those establishments if we don't

bring that level of predictbility to the schedule that we are trying to deal with this legislation and i think that all formula retail businesses are going to have to make an adjustment one way or the other and it does not make sense that actually the size of the business is a certain level that there are excused or carved out of making these adjustments and they just make a different adjustment and perhaps we bring a level of predictbility to the schedule of workers, and there are five or six in a 7 eleven, and maybe, we will have to add a couple of other employees to make sure that they have the predictbility that they need or that the people's hours are actually extended and so that there is a level of predictbility and the hours that are going to have that employees, you know, make more of a living to support, himself, or herself, and the loved ones, and so, i would want to go forward, and moving the carve out, or formula retail establishments of less than 20 employees and i would

like to propose that we make that amendment and hopefully have your support. and then i am okay with finding a day next week that works for a special budget committee and looking forward as a committee as a whole for the product of that committee meeting to the board of supervisor's meeting on tuesday. >> so let me just ask, mr. gibner again, from, and so there is not only the mar substitute, language, that was given to everyone. there is also president chiu's now, four amendments, and there is also the avalos request to take out the 20 employees are less threshold as well. what would you recommend coming out of this committee, today, and a special meeting that will be called probably some time on tuesday, but i know that we have the transportation authority meetings in the late morning on that day. >> so, we are talking about monday, as a potential day then for the special meetings and i am okay with that as well >> mr. gibner.

>> deputy city attorney, and i would recommend that the committee adopt and if you are so inclined to adopt all of the amendments together and have a single item and continue that to the call of the chair. because you don't know yet when the special meeting will be schedule, and then, supervisor mar as the chair, you would work with the clerk's office to schedule a special meeting. and alert the clerk's office that at that special meeting, the committee will be sending an item as a committee report to the full board for tuesday. and so that these two ordinances can be on the special meeting agenda for monday or tuesday and on the full board for tuesday afternoon. >> okay. so there is air district meeting monday morning as well and we will work around those schedules. >> thank you so much. >> so, we can take these one by one. and i know that on the

threshold item president chiu has expressed concerns about that. but let me just kind of now say that let's get the closing comments as well as before we go to these amendments. >> and we are on the amendments now and let's just start with the amendment that i propose that has been given to everyone. and that one is just taking out the waiver for the collective bargaining agreements >> could we take that item without objection? >> thank you. >> and now on president chiu's four different items there is the record keeping consistency and the ramp up of instead of three months to six months and plus a six month ramp up and let me just ask if there are any comments about those two items? >> so, i see none and could we take that without objection? those first two of supervisor

chiu's? without objection? >> and now, on the trigger of the 90 day staff requirements and 200 employees. and are there any comments about that amendment? >> so, can we take that without objection? >> yes. >> and then on chiu number 4, adding janitorial and security into the language, of his portion of the retail workers bill of rights could we take that without objection? >> could i make a comment about that. and the stake holders here, and i have not had a chance to delve into all of the issues and so i am putting this in as a place holder so that we can and if it is fine with everyone, we can move forward with it on in the special meeting and move it to the full board and if there are questions we have an opportunity to deal with it and it will not delay and we can put it in here so that we were puting it in a later date that will actually pushac