On March 28th, the NSLU bargaining team went back to the negotiating table with the company. This is the latest bargaining session to take place since late February, as the company had to back out of the session scheduled for March 15th.
Of most immediate note, the bargaining team communicated to the company that the union will be requesting a Memorandum of Agreement on the recent change in the attendance policy, which reduced the length of time attendance violations stay on one’s record from 1 year to 6 months. This change was implemented only at non-union stores, and for non-bargaining unit employees at unionized shops. NSLU’s legal counsel will be communicating with the company to get this improvement in the attendance policy made for union members as well.
Additionally, two more proposals were given to the company by the union: our Blue Slip Proposal and the Hours of Work Proposal. The company is reviewing these, along with a number of other proposals we have presented, and will be getting back to us with their edits at the upcoming bargaining sessions. These proposals can be read in full below.
Two bargaining sessions are coming up later this month, one on April 11 and the other on April 27.
Proposals
Blue Slip Proposal
Section 1. Definitions. “Blue Slips” are defined as items that can no longer be sold or have been provided by vendors as samples and are available to employees to take for themselves. A “Blue Slip” is the document that employees have previously filled out listing the items they are taking.
Section 2. Understanding/Reasoning. Access to food and other necessities is a significant issue to many employees. Blue Slips provide much needed food and personal care items that many employees cannot afford. In addition, Blue Slips prevent food waste. Below is an outline of the Blue Slip guidelines:
Section 3. Guidelines.
Blue Slips will be put in designated areas to which all staff have access to.
Employees may accept Blue Slips from other employees at any time. This is a way employees can promote a culture of taking care of one another.
Any employee can scan out items designated as waste from their own department. All employees will be trained on the waste scanning procedure that is relevant to their department.
Once an item is scanned out, employees are allowed to consume these items at work or bring them home. Employees may come in on days they are not working to get Blue Slips.
Before taking Blue Slips from the Beer and Wine department, employees must get approval from a manager on duty.
Hours of Work
ARTICLE ___ - HOURS OF WORK
Workweeks. The basic straight time workweek shall consist of 40 hours to be worked in five, eight (8) hour days within a seven-day work week from Wednesday 12:01 am through Tuesday midnight. The Employer may establish work schedules consisting of four (4) ten (10) hour days. Employees on such work schedules shall be entitled to daily overtime after the tenth hour rather than the eighth (8th). Work weeks can consist…
Workdays - Meal Periods. The basic straight time workday shall consist of eight hours (ten hours for employees working 4/10 work schedules) to be worked consecutively, except for an uninterrupted meal period of not less than one-half hour so near as is practical, the middle of the work shift, except that no employee shall be scheduled for more than six hours without a meal period, unless said employee is a designated person in charge. The scheduling of meal periods for persons in charge shall be by mutual agreement between the Employer and that employee. A meal period is not required to be assigned if the employee is scheduled to work four hours or less. This meal period shall be a paid break.
Shifts. There are at least four distinct shifts at the Employer: Day, Mid, Evening and Overnight. [Existing conditions clause needed]
3a. Special provision on staff scheduling needs. Supervisors should work with staff to make reasonable and predictable exceptions or modifications to the shift breakdowns. If an employee’s lifestyle requires shifts to start/end at times different from established schedule breakdowns (for example, from 10:30am–6:30pm), supervisors will communicate and work with employees to reasonably accommodate their needs based on their availability and circumstances surrounding their lifestyles outside of work.
Premiums. A shift premium of an additional $5 per hour worked on top of an employee’s regular pay rate will be applied to all employees who work shifts on Weekends (Saturday and Sunday) and on Wednesdays due to the increased workload on these days. Shift premiums will also apply to Employer defined “black-out days” unless holiday pay applies to those days. Schedule premiums of an additional $5 per hour for hours worked between 11pm-6am.
Sixth Day Worked in One Week - Rate of Pay. When an employee works six days in a workweek, time and one-half (1.5) rate shall be paid for work on the last day worked. [When an employee works six or more consecutive days, time and one-half (1.5) rate shall be paid for work on the sixth and any subsequent days worked.]
Rest Periods Between Work. No employee shall be scheduled consecutive shifts without a minimum of twelve hours between the two scheduled shifts; work performed prior to the completion of the twelve-hour period shall be paid at the rate of time-and-one-half the employee's time rate of pay.
Overtime. Overtime is defined as work in excess of eight hours in a day or in excess of ten hours in a day depending on the employee's work schedule. Overtime work shall be paid at 1.5 times the employee's regular rate of pay, and shall not be compensated for by time off in lieu of wages.
No Split Shifts. Split shifts shall not be scheduled by the Employer or worked by the employee. Split shifts may only be considered as a special provision on staff scheduling needs (see 3a above).
Fifteen Minute Breaks. Employees shall be entitled to two uninterrupted rest periods as follows: a) Employees working more than six hours shall receive two, paid fifteen minute rest periods, one preceding the thirty-minute unpaid lunch period, the second following the lunch period. b) Employees working four or more hours up to six hours in a workday shall receive one fifteen-minute rest period during such working period. See grid below.
Minimum Call-Back Requirement. If circumstances require the employer to call-back an employee on time they would normally be off work, at least four hours of work must be available OR the employee must be paid for a minimum of four hours work, and the employer should give the employee at least two hours notice.
Work Schedules. Biweekly work schedules for employees shall be posted by 12:00 pm on Wednesday 2 weeks prior to the start of the workweek. It is understood that the established work schedule may be changed if necessary by employee request. . The work schedule (made out in ink) will include the preferred name of the employee, shift starting and ending times, days off, and the total hours scheduled for the week.
Notice Requirements; Change to Schedule. The Employer is required to give a notice period of 30 days if an employee’s schedule will be modified in any significant way, including but not limited to being required to work days that the employee has not previously been required to work. The employee may protest a change to their schedule by filing a grievance if the employee believes the Employer’s schedule change is unnecessary, or where there is an alternative available.
Weeklv Guarantee. Full-time employees who have completed their probationary period shall be scheduled for at least twenty hours work in each week. Time off with pay (vacation, sick, etc.) shall be counted towards this weekly minimum. The aforementioned weekly guarantee shall not apply if one or more of the following conditions exist:
A week in which the employee restricts their availability during the week.
Work is not available due to acts of God.
The employee has notified the employer that they choose to work less than sixteen hours per week.