The Commission's personalized invitation for Safeway Stores, Incorporated to participate in the Los Angeles Hearings on Religious Accommodation was received very favorably. Additionally, please accept our special thanks for your individual efforts and personal follow-up via phone and written communiques.

Although Mr. Howard Harpham and I attended the hearing, we did not give testimony because:

1. We are concerned that any testimony regarding this very
important subject should be based on objective facts and
other relevant data, e.g., the number and nature of charges
of religious discrimination, the organizational level at
which charges were successfully resolved, etc.

2.

Our internal review was still in progress at the time of the
hearings.

While our internal review is still in progress, and will continue for some time, we are pleased to share with the Commission some of our ideas, concepts and accomplishments in the area of Religious Accommodation.

Background (Organizational Information)

Safeway Stores, Incorporated is a multi-national food retail organization with facilities (subject to Title VII) in the Continental U.S.A., Hawaii and Alaska. Approximately 100,000 persons are employed in these facilities (see attachment EEO-1, 1977).

Geographical Dispersion

See attachment entitled: Territory covered by Safeway U.S. Divisions (Prepared: 1/77).

-2

Union Coverage

Through approximately 1,158 contracts, local and international unions have jurisdiction over about 87% of the U.S. employees.

Work Schedules

The Food Retail Industry has certain historic requirements that affect the patterns of work and work assignment such as: 1) Stores are often open seven days per week. 2) A high percentage of the work force is comprised of part-time workers. 3) A relatively large percentage of the work force is comprised of part-time workers (Courtesy Clerks) who are limited to 20 hours per week per union contract. These positions are usually filled by students who are attending high school or college. 4) A majority of our larger facilities maintain multi-shifts. 5) The job category of Food Clerk, which makes up about 56% of the total work force, is characterized by high turnover except during times of very high unemployment. 6) Seniority is a very important factor; as noted above, 87+% of all employees are under the jurisdictions of unions.

We welcome the opportunity to share with you and the Commission some of the ideas and actions that are used in Safeway to encourage and ensure support of the very important concept of religious accommodation. Key components of the Safeway system are explained in the following pages. Please let us know if we may be of additional assistance to you as you proceed with the development of the regulations and guidelines regarding Religious Accommodations.

Sincerely yours,

SAFEWAY STORES, INCORPORATED

Larry Taft, Director

Corporate E.0. Programs

LT:sc/D15-16b

Attachments: See separate list

RELIGIOUS DISCRIMINATION HEARINGS

(Los Angeles, April 18, 1978)

Safeway Stores, Incorporated has a long history of religious accommodation. The Company's posture of accommodation of its employees' religious rights, needs, and desires was in practice long before the Company adopted its present policy of Equal Employment Opportunity. This E.0. Policy gives equal weight to all the cause parimeters, e.g., race, religion, national origin, sex, etc. At this juncture, the implementation of Equal Employment Opportunity Programs seems manifest in two basic approaches:

1.

2.

The Case Law Approach

This approach is based on a thorough understanding of the legal precedents, mandates, and other legal ramifications, such as the types and costs of legal remedies, when cause is found for religious discrimination.

The Affirmative Action Approach

This approach is based on meeting both the letter and the spirit of the law on a voluntary basis. ACCOMMODATION is a way of indicating willingness to use Management Ingenuity to develop creative administrative procedures for addressing the issue of religious needs, desires, etc., on an individual basis.

To date, our review of Safeway's successful management of the religious needs of its employees indicates:

1.

2.

A posture of affirmative accommodation.

Some specific insight and directions regarding the reasons for the

current success.

Some of the basic success factors are:

1. Safeway takes a very broad view of the equal opportunity concept
and sees it as an integral part of the normal business modus
operandi.

2.

Safeway's local Affirmative Action Programs are predicated on a balanced approach as a reflection of reasonable Personnel policies.

3. The whole affirmative action concept rests on the important
principle of managing E.0. in a fair and just manner for all
Safeway employees.

Items 1 through 3 have been integrated into a Management system which involves a variety of Administrative techniques for ensuring the equitable implementation of accommodation to the religious needs of Safeway employees.

Religious Discrimination Hearings

Page 2

THE SYSTEM

Making accommodation a routine part of everyday business practice is very important. Some of the key components of the system are as follows, with direct relationship to religious accommodation:

Policy

1. General Service Bulletin #1, dated January 7, 1965, "Equal Employment Opportunity." See attachment.

2.

3.

President's Bulletin #34, dated May 20, 1968, "Affirmative Action
Program." See attachment.

General Counsel's Bulletin #2, dated February 22, 1971, "Procedure for
Handling Charges of Discrimination."

Pre-Employment

1. During 1972, Form #1103, "Application for Employment" was revised to
conform to Title VII including the removal of items which might
screen out applicants based on information with a religious implication.
See attachment.

2. Candidate Evaluation Form #107 (New 4-72) was developed as a guide for
sensitizing and assisting Management with employment issues involving
such proscribed items as: a) arrest records, b) weight and height
ratios, c) religious information that could screen-out rather than
screen-in applicants who were qualified based on job related criteria
(see Attachment: Ref. Item #15). This item was specifically designed
to assure that the religious needs would be taken into consideration
during the placement process of a qualified candidate. Appropriate
(equitable) placement is a major factor in precluding disparate effects
at a later date. Appropriate placement means that the prospective
employee has a voice in the process from the beginning of the employ-
ment process. See attachment.

Central Hiring

Today, a majority of the hiring is performed by a central hiring process. Example: the central hiring system in the Denver Division interviews, screens, and hires Food Clerks for about 54 stores in the metro Denver area. Under this sytem, the function of hiring was transferred from individual Store Managers to Employment Specialists. This process reduced the number of individual opportunities for discrimination (inadvertent or otherwise) from 50 to 4.

Religious Discrimination Hearings

Page 4

During 1971, the issuance of General Council's Bulletin #2, dated February 22, 1971, "Procedure for Handling Charges of Discrimination" signaled a reemphasis of employee feed-back by reaffirming and reinform ing Safeway employees of their RIGHT to make a complaint or charge of discrimination. Excerpts from this bulletin are as follows:

1. The Company recognizes the right of every employee to make
a complaint or charge of discrimination and to prosecute it
to conclusion in accordance with law. Of course, no prior
or subsequent notice to or approval by the Company is expected
or required.

2. The Company recognizes the right of every employee to be
interviewed by representatives of E.E.O.C. or other anti-
discrimination agencies, with regard to any charge of
discrimination theretofore filed with agency and served on
the Company about which he or she may have or assumed to
have, information. Again, no prior or subsequent notice
to or approval of the Company is expected or required,
except in the case of supervisory employee (e.g. employees
at or above the Department Manager level in stores, plant
superintendents, etc.) as provided................

3.

In those cases in which the investigation shows the charges
to be without merit, the Legal Division will prepare, for
the signature of the Employee Relations Manager, or other
appropriate Management Representative, a statement of
positions which will then be filed with the agency concerned.
If the investigation shows that the charge is true, the
Legal Division will recommend that appropriate action and
follow-up be taken so that the file may be closed......

These procedures are effective immediately.

The company is legally bound not to, and, of course, will not knowingly, discriminate against employee, whether supervisory or non supervisory, because he has opposed any unlawful employment practice or because he has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing with respect to any such charge.

Two copies of this bulletin shall be provided in each store, plant and office of the Company. One bulletin shall be posted for a period of not less than thirty (30) days on the employee bulletin board in each such store, plant and office, and initialed by all employees. Thereafter, that bulletin, so initialed, shall be returned to the office of the Division Personnel officer. The other shall be retained in the store, plant or office indefinitely.

If any questions arise concerning this matter, please contact the Legal Division.