Contract Progress Tracker

Important Notes

• Articles which are tentatively agreed to by the Union bargaining team and the company must still be approved by NSLU membership before going into effect. 
• Articles here are in no particular order. Article numbers are omitted and will be worked out at the end of negotiations. This is a non-authoritative transcription.
• Notes are to help the members interpret the contract language, but are not part of the contract.  

Articles Tentatively Agreed To:

SENIORITY

Section 1. Attainment of Seniority 

1.1 Definition. Seniority is the length of continuous service with the Employer, calculated from  the most recent date of hire. 

1.2 Determination. Seniority shall be calculated from the most recent date of hire (and, when  applicable, in order of clock-in time). In the event of a tie in clock-in time, seniority will be  determined by the alphabetical order of the employees' last names. 

1.3 Application. The application of any rights associated with seniority begins upon completion  of the ninety (90) day new hire probationary period. 

Section 2. Loss of Seniority 

2.1 Employees shall lose all previous seniority accrued at New Seasons Market six (6) months  after a layoff and/or store closure that does not result in a recall. 

2.2 Employees shall lose all previous seniority accrued at New Seasons Market thirty (30) days  after voluntary separation of employment. 

2.3 Employees shall lose all previous seniority accrued at New Seasons Market immediately  upon the following events: 

• Discharge in accordance with Article XX, Discipline and Discharge. 

• Failure to return to work on or before an agreed upon date following a leave of  absence, unless local, state, or federal law would trigger a different result. • Failure to respond to a recall as outlined in Article XX, Layoffs. 

Section 3. Open Positions 

3.1 Bargaining unit job openings shall be made available to all employees by posting on the  company intranet for a minimum duration of four (4) calendar days. Postings that are  categorized as “this store only” will only be available to employees at the location of the job  posting but will also be posted for a minimum duration of four (4) calendar days.

3.2 Seniority shall be a factor that is taken into account in transfers and promotions for all  bargaining unit positions and rehiring former employees that have retained seniority for  bargaining unit positions. If all other qualifications and schedule availability are comparable, the  qualified candidate with the higher seniority will be offered the position. The evaluation of  employee qualifications shall be at the sole discretion of the Employer. In the event that an  employee is not offered a position after an interview, the employee has five (5) calendar days  to request interview feedback in writing from the Employer. The employer has ten (10)  calendar days to respond to the employee in writing. 

Section 4. Store Level Committees & Teams  

Applications for store level planning committees and teams shall be considered based on  committee requirements, employee qualifications, skills and abilities, and availability, followed  by seniority.  

Section 5. Layoffs & Store Closures  

Seniority as it applies to Layoffs and Store Closures can be found in Article XX, Layoffs. 
Section 6. Scheduling and Reduction of Hours 

The employer will prioritize scheduling employees’ total weekly hours within their department  based on available hours, needs of the business, skills, abilities, qualifications, employee  availability, and then seniority. 

If hours are reduced in a department, affected employees will first be asked if they want to  voluntarily reduce hours. If there are not enough volunteers, hours will be reduced in order of  reverse seniority. If there are available hours in a different department, the employee whose  hours are being reduced will be offered these available hours, by seniority, so long as the employee is qualified to perform the work.

LAYOFFS

Section 1: Definitions

Layoff: A layoff occurs when there is no anticipated work for an employee solely due to the operational needs of the business. In the event of a store closure or reduction in force, the affected employees will be officially considered laid off at the time of the closure or reduction in force.

Seniority: See Article XX, Seniority

Section 2: Layoff Procedure

In the event of a layoff, the below steps will be followed in order:

1. If feasible, the Employer will provide written notice to the Union and the affected employees at least thirty (30) days in advance, unless otherwise required by federal law.

2. All employees in the affected job classification will be given the option to voluntarily transfer to another department or NSLU-represented location when the below criteria
are met.

a. An open position in an equivalent or lower pay grade is available.

b. The open position, if at another location, is not a “this store only” position.

c. The affected employee meets the required qualifications, skills and abilities, and availability required.

d. The affected employee does not have a final warning within the six (6) months preceding the layoff, so long as the final warning does not relate to attendance. Employees have forty-eight (48) hours to volunteer for a transfer after notification.

3. If not enough employees volunteer for transfer or not enough transfer positions are available, the Employer will offer all  employees in the affected job classification the opportunity to volunteer for layoff. Employees have forty-eight (48) hours to  volunteer for layoff after this offer. These employees will have full recall rights as outlined in Section 3.

4. If not enough employees volunteer for layoff or accept a voluntary transfer, affected employees will be laid off in order of reverse seniority.

Section 3: Recall

3.1 Recall Process:

1. In the event of a layoff, laid off staff will be placed on a “Recall List.” An employee's disciplinary record will not affect their eligibility to be placed on this list. A copy of the “Recall List” will be provided to NSLU upon request.
2. When a position becomes available at any NSLU location (excluding “this store only” postings), the Employer will email all former employees on the recall list who meet the necessary qualifications, skills and abilities, and who have the necessary availability for
the open position.
3. The former employees have forty-eight (48) hours to indicate their interest in the position by following the directions in the emailed notice.
4. The open position will be awarded to the most senior, eligible former employee who indicated interest. All other employees will remain on the recall list.

3.2 Loss of Recall Rights.

If a former employee accepts a job with the Employer, they will be removed from the Recall list. Additionally, an eligible former employee will lose all rights to recall and lose seniority in the event:

• The former employee fails to respond to attempts to contact them for recall-eligible
positions.

• The former employee does not indicate interest in a recall position that matches their
qualifications, skills and abilities, and availability, and is substantially equal to their prior
position.

• Six months have passed from the date of their layoff, and the employee was not recalled
to a position during that time.

UNION COMMUNICATION BOARD

Section 1. The Employer will provide the Union with one designated bulletin board on Employer premises for posting official union related materials. If the board provided by the Employer is not sufficient, the Union can replace it at its own cost so long as the dimension restrictions of Section 2 are followed. 

Section 2. Size and Location. The bulletin board will not exceed nine square feet. The bulletin board will be placed in a break room area not visible to the public. 

Section 3. Posting Guidelines.

3.1 All staff members represented by the union may post union-business materials on this board. 

3.2 Postings must be dated with the date posted and removed by the Union after 30 days. Permanent or annual Postings of NLRB Statements of Rights, Meetings and Officer/Shop Steward Lists are excluded from the 30-day limitations. 

3.3 Any materials that are maliciously false, deliberately misleading, malicious, obscene, threatening, intimidating or meant to maliciously harm someone's reputation, or that do not relate to workplace matters or union business, shall not be permitted on the bulletin board and will be removed by the Union. Management can notify the Union of any such materials posted and notify that it needs to be removed. If material is not removed shortly after union notification, Management reserves the right to remove the material. 

3.4 The Union will be responsible for maintaining the bulletin board. If this Article is violated more than (4) four times in a (12) twelve month period the Union will be notified and the Union and Employer will meet to discuss and attempt to remedy the situation. If no remedy is mutually agreed upon, the employer may revoke the Union's bulletin board privileges until the parties are able to reach agreement.

Section 4. Employer Communication Venues

The Union acknowledges that the Employer’s communication issues, including but not limited to department and Employer communication boards and binders, PA system electronic communication systems (including company email), and walkie talkies, are for business purposes and should not be used for union purposes. All written union communication (other than distribution of flyers or other written materials during non-work time in non-work areas) within the store must be exclusively confined to the designated union communication board, unless otherwise agreed upon in writing by both the Employer and the union. 

REASONABLE SEATING

Nothing in this article shall be construed to prohibit employees who prefer to work standing from doing so, or to prohibit the Employer from assigning tasks to employees that cannot reasonably be performed while seated.

Section 1.
Cashiers and others assigned to perform cashiering duties shall be allowed to perform cashiering duties seated insofar as it does not seriously impede their own duties or the ability of others to complete their duties nor create a safety risk for other employees in their designated work area. The Employer will endeavor to have further discussions with NSLU about providing seating for employees performing other jobs or duties that can be safely performed while seated.

Section 2.
The Employer will provide up to eight (8) reasonable seats for cashiers and others assigned to perform cashiering duties to use. "Reasonable seat'' is defined as a seat that permits the safe performance of a task from a seated position. If a cashier or others assigned to perform cashiering duties wishes to use seating during their cashiering shift, the cashier shall notify their immediate supervisor of their need for seating at the start of their shift.

FORCE MAJEURE

Section 1. Definition. A Force Majeure Event, as used in this Agreement, shall encompass any circumstance that is beyond the control of both the Employer and the Union, and may include, but is not limited to, acts of God, extreme weather, fires, floods, wars, acts of terrorism, strikes and other labor disturbances, technological failures or attacks, natural disasters, public utility failures, governmental actions, civil unrest, supply chain disruptions, pandemics, or any other unexpected emergency condition, as reasonably determined by the Employer.

Section 2. Scope. Neither party shall be liable in damages or otherwise responsible , or be deemed to have breached or otherwise defaulted on its obligations under the CBA, for any failure or delay in performing or otherwise complying with its obligations where that failure or delay is caused by or results from a Force Majeure Event. The obligations that cannot be performed because of the Force Majeure Event shall be suspended only to the extent affected by the Force Majeure Event, and for a reasonable period of time required to restore operations as they were immediately prior to the event.

LABOR-MANAGEMENT COMMITTEE

Section 1. Scope. In order to uphold a mutually beneficial relationship and encourage transparent communication, a single Labor Management Committee (LMC) shall be established to represent all bargaining units throughout the duration of this Agreement. The LMC may be convened by either the Union or the employer to discuss mutually agreed-upon subjects on an as-needed basis. It is explicitly stated that the committee lacks authority to bargain, alter, remove, or amend any provisions within the current Collective Bargaining Agreement (CBA), or to establish any new agreements that would legally bind either the union or the employer. The contents of the meeting will be limited to agenda items. 

Section 2. Composition. The LMC shall be composed of a maximum of one (1) employee per bargaining unit and one (1) employee who is an officer of the union or a designee, the Director of Labor Relations or equivalent and a minimum of three (3) members of management. Each party shall select or appoint their own members at their discretion. 

The Employer or the Union may request the participation of additional non-committee members in a meeting, subject to mutual agreement.

Section 3. Meeting Schedule. Meetings will take place upon the request of the Union or Employer, but will be held no more than once per quarter. Meetings shall last a maximum of two (2) hours, unless extended by mutual agreement of the parties. Meetings shall be held at New Seasons Market Store Support offices. 

Section 4. Pay Status. Bargaining unit employee time spent attending the LMC on behalf of the Union shall be unpaid. Provided, however, that if the meeting takes place upon the request of the Employer, time spent in the meeting shall be paid. 

Section 5. Advance Notice. The party requesting the meeting shall share a written agenda, which may simply be discussion topics, at the time the request is made. The other party may add to the agenda before the meeting is held. As long as the agenda falls within the purpose outlined in Section 1, the Employer and the Union will select a meeting date and time within fourteen days of the request. 
Section 6. Union members shall not be unreasonably denied time off to attend a labor management committee meeting, provided appropriate request-off protocols are followed. Employees shall have the ability to use PTO to cover any lost time. 

UNION SECURITY

1.0 Union Dues; Union Security.

1.1 It shall be a condition of employment that all employees of the Employer covered by this Collective Bargaining Agreement (CBA), who are members of the Union in good standing and those who are not members on the effective date of this CBA, shall within thirty-one (31) days following the effective date of this CBA, become and remain members in good standing in the Union or as a condition of continued employment shall pay a fee in the amount equal to the periodic dues uniformly required as a condition of acquiring and retaining membership. It shall also be a condition of employment that all employees covered by this CBA and hired on or after its effective date, shall within thirty-one (31) days following the beginning of such employment become and remain members in good standing in the Union through regular payment of dues to the Union or as a condition of continued employment shall pay a fee in the amount equal to the periodic dues uniformly required as a condition of acquiring and retaining membership. For the purpose of this Paragraph, the execution date of this CBA shall be considered as its effective date. 

1.2 Upon failure of any employee to comply with the provision of Article Paragraph 1.1 of this Article, the Union may then notify the Employer in writing of such failure, and the employee shall be terminated from their bargaining unit position thirty-one (31) days after the Employer receives the Union's notice and not rehired until such employee is in good standing in the Union as defined by the National Labor Relations Act, as amended. The Union will follow the federal labor law guidelines for duty of fair representation for all members, including any non- supporter of the union. To ensure that the dues policy is fairly enforced, the Union will, before seeking the termination of any employee for failing to tender dues: 
 

• Send a written notice to the employee's email or mailing address provided by the Employer that the employee is not a member in good standing, due to nonpayment of dues, with directions on how to satisfy their obligation to the Union so the employee is not terminated and, 
• Make a reasonable attempt to talk to the employee via phone or in person to resolve the issue. 

The Union's notification to the Employer shall be submitted to the Store Manager, Assistant Store Manager, Human Resources Manager, or the Director of Labor Relations or designee and include documentation of the Union's written notice to the employee as outlined above. 

1.3 The Employer agrees to provide a link to an electronic copy of the collective bargaining agreement hosted on the employer's intranet to each newly hired bargaining unit employee. No more than once a month, the Employer, upon request, shall provide the Union's designated Representative with a list of the name or preferred name, address, telephone number, e-mail address, work location, manager, job title, hourly wage rate, pay grade, and the number of newly hired bargaining unit employees. Upon request, the Employer shall also provide the Union with names of bargaining unit employees terminating employment and bargaining unit employee changes in classification and status. 

1.4 The Employer shall deduct from each employee's wages that amount of Union dues, as specified by the Union, of all employees covered by this CBA who have provided the Employer with a written assignment authorizing such deductions. The Employer will provide written assignment authorization forms to all new hires in new hire paperwork. In the event of an overcharge to an employee in the aforementioned deductions by the Employer and such overcharge has been remitted to the Union, the Union shall be responsible for the adjustment of such claims with the employee involved. In the event of an undercharge by the Employer, the Employer shall make the additional necessary deductions in the next succeeding month and remit the amount of such undercharge to the Union. The Union agrees to indemnify and hold harmless the Employer against any and all suits, claims, demands, and liabilities that may arise out of or because of any action taken by the Employer for the purposes of complying with any of the provisions of this Article

SEVERABILITY

Section 1.
Nothing contained in this Agreement is intended to violate any Federal or State laws, rules or regulations made pursuant thereto. If any part of this Agreement is found invalid by a court, government agency, or is invalidated by federal, state, or local laws or regulations, the remaining parts of the Agreement will still be valid and enforceable.

Section 2.
Both Parties agree to immediately renegotiate any part of this Agreement found to be in violation pursuant to Section 1 and to bring it into conformance within sixty (60) days after notification, unless the time limit is extended by mutual agreement. 
The parties agree to interpret the invalidated provision based on its original intended purpose and strive to reach a revised provision that closely aligns with that purpose.

NON-DISCRIMINATION AND HARASSMENT

Neither the Employer or the Union will engage in discrimination or harassment based on race, color, religion, ethnicity, genetic information, native language, national origin, sexual orientation, gender, gender identity, marital status, disability, veteran or military status, age, union membership, or any other status protected under all applicable federal, state or local equal opportunity laws. Both the Employer and Union will comply with all equal employment opportunity laws. The Employer and the Union will work to the best of their abilities to jointly prevent and effectively address allegations of discrimination and/or harassment in the workplace.
The Employer’s policies on non-discrimination and harassment in its Employee Handbook will continue to apply to bargaining unit employees covered by this Agreement.