El Super workers demand immigration enforcement protocols to protect them and shoppers

Maria Silva works at the El Super off Century Boulevard in Inglewood, in the same sprawling parking lot as a Home Depot.

She's been on the job for 17 years. The work is hard, and her wages are low. But since summer, her role as a supervisor at the grocery store chain has included a new challenge: co-workers and customers are worried about ICE.

Her customers come in talking about recent sightings, or asking if federal agents have been in the area. After a regular stopped coming into the store, Silva said she heard through the grapevine that he'd been picked up by federal agents.

" It's somebody that I would interact with almost every single day, because he would come and get his coffee and bread," she said, holding back tears. "It upsets me. It makes me feel like I can't do anything about it."

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Silva is among the workers at seven unionized El Super locations in Southern California, including the store in Inglewood, who are asking their employer to implement more protocols to protect them and shoppers at their stores from federal agents.

Around 700 workers are currently negotiating a new contract with the grocery store chain. Their union, United Food and Commercial Workers, says the supermarket's owner, Chedraui USA, which also owns Smart & Final, is refusing their demands, including substantial wage increases.

Chedraui USA declined to comment on the specifics of ongoing negotiations.

"We value our team members and the communities we serve, and remain committed to bargaining in good faith, following all labor laws, and creating a safe and respectful workplace for every associate while continuing to provide affordable food for our customers," the company said in a statement.

What are they asking for?

Maricruz Ceceña, the organizing director for UFCW local 770, said the El Super workers want the company to agree to establish certain safety protocols in the contract, such as not allowing federal agents into non-public areas without a signed judicial warrant and establishing private areas in stores.

She said they also want the employer to re-affirm compliance with certain laws, such as a requirement that federal officials give three-day notice before inspecting I-9 Employment Eligibility Verification forms.

According to UFCW, other major grocery chains, including Ralphs, Super A, Vons, Pavilions, Gelson's and Albertsons, have agreed to similar protections in contracts with workers represented by the union.

"That Chedraui or El Super is still refusing to put basic language in that would protect its customers and its workers when other companies have already done so?" Ceceña told LAist. "I think workers just find that baffling and insulting."

Why workers are pushing for this

The grocery store workers are part of a broader effort to win immigration protections through labor negotiations. Victor Narro, an expert on workplace rights for immigrant workers and a lecturer at UCLA Law School, said more and more unions have been adding the type of language El Super workers want to their contracts in recent years.

"Especially unions that have a large immigrant workforce as members," he said. "One of the misconceptions is that the unions are then trying to circumvent immigration laws in the union contract. But that's not the case. What they're trying to do is get the employer to do what they are able to do under the law."

The first push for these types of union protections dates back to the 90s, Narro said, in the wake of a Reagan-era immigration law that established penalties for employers who knowingly hired unauthorized workers.

Narro said contract language can help add a layer of protection for some workers, but pointed out that the vast majority of private-sector workers in the U.S. have no union representation. He said policy change is needed to keep all workers safe.

" So what unions have been doing for the majority of workers who are not unionized is doing the policy work," he said.

'Customers, they're scared'

El Super markets itself to a Spanish-speaking clientele. Its website states "El Super is at the heart of your cocina." The union says most customers and workers are Latino.

Araceli Ortiz has worked at a unionized El Super store in Pico Rivera for eight years. She said after immigration sweeps ramped up in June, her store was quieter than usual, and she saw customers buying groceries for multiple families who were too afraid to do their grocery shopping in person.

She had one customer burst into tears at the checkout counter, saying her husband had recently been detained by ICE.

" We get customers, they're scared," Ortiz said. "Mostly every day they mention ICE, immigration and their surroundings. And they ask us, 'Have they come around here?' And what can I say? They're everywhere."

Ortiz is on a team of El Super workers who are bargaining with their employer over the new contract. She said that the grocery chain has said verbally that it will follow the law.

" But you know, we want them to put it in the contract," she said. "Because if there's signs right there [saying] it's only for employees only, the employees are gonna feel a little bit safer."