Local labor and activist groups are suing Tacoma and Pierce County, alleging that government officials illegally blocked a citizen-led initiative raising the city’s minimum wage to $20 from appearing on the November ballot.
The United Food and Commercial Workers Local 367, along with Tacoma For All and Tacoma Democratic Socialists of America, alleged the city and county did not act with the reasonable promptness required to ensure residents could vote on the initiative this November.
“It is fundamentally unfair, and contrary to statutory requirements, for local government to delay the processing of an initiative and to use that delay to deny ballot access,” stated the complaint, filed Tuesday in Pierce County Superior Court on Tuesday.
Tacoma spokesperson Dee Paul said in an email the city does not comment on litigation. Pierce County spokesperson Libby Catalinich also said in an email that the county does not comment on ongoing lawsuits.
Dubbed the “Workers Bill of Rights,” the initiative, if passed, would raise Tacoma’s minimum wage to $20 on Jan. 1, and also establish a number of worker protections such as a requiring large employers to provide schedules with at least two weeks' notice.
Some business owners have criticized the minimum wage hike at public meetings, and Tacoma officials have raised concerns about how the initiative would affect the city’s response to emergencies.
Backers of the initiative have argued the minimum wage increase is necessary to keep up with the region’s rising cost of living, and that workers should be guaranteed greater predictability in their jobs.
Labor groups and organizers are asking the court to step in and require that the initiative be placed on the Nov. 4 ballot.
“We want to create a culture where the working class is supported by Tacoma (and) able to have jobs that provide dignity and stability and predictability and livable opportunities,” said Aria Joslyn, a member of UFCW Local 367.
Organizers began collecting signatures for the initiative in February, and on June 24 submitted the petition to the city clerk's office to be forwarded to Pierce County Auditor Linda Farmer for verification. The auditor’s office did not start verifying signatures until July 7, the complaint stated, and validated the petition two days later.
To get the initiative on the November ballot, the Tacoma City Council was required to pass a resolution sending it to the ballot by Aug. 5. The council also could have passed the initiative outright, without alteration.
Throughout July, the council heard several presentations about the initiative’s potential effects and how it would be implemented. The council met Aug. 5 but did not approve the initiative outright or pass a resolution during its regular meeting.
Instead, the council held a special meeting Aug. 8, during which it approved sending the initiative to the ballot, but missed the cutoff to make the November election.
The labor unions and advocacy groups behind the initiative described the delays as a “never-ending cat and mouse game” in their complaint.
“What we know is that the county had six months of notice that these petitions were going to be submitted,” said their attorney Knoll Lowney. “Between the city and county, they took just enough time to deny our place on the ballot, and that’s not reasonable, that's not prompt.”
Tacoma’s minimum wage is set at the state’s minimum wage, which is currently $16.66 an hour. Seattle, Tukwila and Burien all have minimum wages above $20 an hour. Under the initiative, medium and small businesses would have a multiyear phase-in period, which is typical of other local minimum wage ordinances.
Tacoma City Council members have taken issue with the “fair scheduling” section of the initiative, which allows workers to decline changes in their work shift if they get fewer than 14 days' advance notice. That could prove problematic when emergencies or weather-related incidents require hospital workers or firefighters to respond to crises.
Joslyn, the UFCW Local 367 member who is also a longtime Tacoma resident, dismissed those concerns.
“In a workplace where they’re provided with predictability and stability, in an actual emergency, they will show up,” said Joslyn, who has worked at Fred Meyer for nine years. “The working class in Tacoma (are) the first people who will show up for their community.”
She said the two-week scheduling notice mandate would allow workers to schedule appointments like doctor visits and parent-teacher conferences more easily. Workers would also be able to better predict what their income will look like in the coming weeks, she said.
Colton Rose, a researcher and organizer with UFCW 367 who previously worked at a Fred Meyer in Tumwater for 10 years, pointed out that one of the biggest costs for working parents is child care.
“Finding last-minute child care can be a huge burden,” Rose said. “If you’re not having to scramble last minute to find child care, it can be a huge financial relief for working parents.”
Lowney, the attorney representing the labor and advocacy groups, said he expects a ruling on the case to come within a month.
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