STIPULATION
OF AGREEMENT
DATED JULY 6, 2007
It is hereby stipulated and agreed to by and between PLVTZ, LLC d/b/a Levitz Furniture (the Employer) and Local 810, IBT. ( the Union) that a tentative Collective Bargaining Agreement has been reached covering the Sales Associates. The Agreement is subject to ratification by the bargaining unit and the signature of the President of Local 810.
The
Agreement contains 53 pages of the following Articles
Preamble, Recognition, Good Faith, Union
Security, Check Off, Hours of Work, Meal Breaks & Rest Periods
Job Descriptions, Floor Rules, Holidays, Sick
Days, Personal Days, Vacations, Jury Duty Leave,
Bereavement Leave, FLMA, Military Leave,
Showroom Sales Associates Commission Schedule, Bonus Pay
Health & Welfare, Pension Plan, 401 (K)
Plan, Enforcement of Contributions, Associate Discount Program & attached
Letter, Associate Referral Program, Full & Part Time Sales Associates,
Seniority/Layoff & Recall A, Seniority/Layoff B, Bulletin Board,
Shop Steward, Visitation, Discharge & Discipline, Grievance &
Arbitration Procedure, Probationary Period, Work Stoppage/No Strike, Transfers,
Internet Sales, Drug & Alcohol Policy, MSQ, Commission Charge backs,
Conflict of Interest, Non- Discrimination, Safety & Sanitary Conditions,
Management Rights,
Use of Temporary Sales Associates, Sub
Contracting, Notice of Sale or Transfer of Ownership, Separability and Savings
Clause, Entire Agreement, Duration.
PLVTZ, LLC Local 810 IBT
D/b/a Levitz Furniture
By: _____________________________
By:
Chris Bartzokis, Associate General Counsel Louis Smith, President
By:
Thomas Feeley, Business Agent
PREAMBLE
THIS
AGREEMENT made and entered into
this 1st. day of August, 2007,
by and between Local 810, International Brotherhood of Teamsters located
at 10 East 15th Street, New York, New York 10003, hereinafter referred to as the
"Union", and PLVTZ, LLC (d/b/a Levitz Furniture) located
at 233 Broadway, 23rd Floor, New York, New York 10279, hereinafter
referred to as the "Employer" or "Company".
WHEREAS,
the Employer is engaged in the business of the sale of retail furniture
and
WHEREAS,
the Union represents the majority of the Sales Employees hereinafter designated
as Sales Associates of the Employer.
RECOGNITION
The Employer agrees to and does hereby recognize the Union as the sole and exclusive bargaining agent for all Full and Part Time Sales Associates working in all Levitz Furniture Stores located in New York and New Jersey, (see election certification 29-RC-11397 with store locations attached) excluding all Sales Associates in any stand-alone clearance store locations, housemen, warehousemen clerical and office employees, guards, professional employees and supervisors as defined in Section 2 (11) of the Labor Management Relations Act of 1947.
Agreed to 3/21/07
GOOD FAITH
The Employer and the
Union hereby agree that they will in good faith live up to the provisions of
this Agreement, and that this Agreement is entered into by the Union and the
Employer on behalf of the Full and Part time Sales Associates of the Employer,
now employed or hereafter to be employed, in the bargaining unit as defined in
the Recognition clause contained in this Agreement.
Agreed to 3/6/07
UNION SECURITY
It shall be a condition of employment that all Sales Associates of the
Employer covered by this Agreement who are not members of the Union in good
standing on the effective date of this Agreement shall, on the effective date of
this Agreement, become and remain members in good standing of the Union.
It shall also be a condition of employment that all employees covered by
this Agreement and hired on or after its effective date shall, on the 31st
day following the beginning of such employment, become and remain members in
good standing of the Union. A member becomes and remains a member in good
standing of the Union by the payment of dues and initiation fees to the Union.
The Union will defend, indemnify, and save harmless the Employer against
and from any and all claims, demands, liabilities and disputes arising out of or
by any reason of action taken or not taken by the Employer for the purpose of
complying with this Article.
Agreed to 3/21/07
CHECK-OFF
The Employer agrees to deduct each month, from the salary or wages of the Sales Associates covered by this Agreement such Union dues and initiation fees as the Union, by written notice, advises the Employer are regularly due as such from the employees, and will turn such monies over to the Union on or before the FIFTEENTH day of the month, following the month that the deduction should occur, together with its listing of the Sales Associates and amount, from whom such monies have been deducted, provided, however, that the Employer will make such deduction only from wages of those employees who submit individual written authorization to the Employer directing and authorizing the Employer to make such deductions.
Initiation fees are deducted every payroll until the full amount is collected, at which time they will be forwarded to the Union, again, provided the Associate submits written authorization to the Employer authorizing the Employer to make such deductions.
Any monies deducted from the employees are to remain the property of the Union and in no event shall the Employer be permitted to use said monies for any other purpose.
The Union will defend, indemnify, and save harmless
the Employer against and from any and all claims, demands, liabilities and
disputes arising out of or by any reason of action taken or not taken by the
Employer for the purpose of complying with this Article.
All
Associates should be available to work during store hours. Except for unusual
circumstances such as holidays, special events and staffing needs the regular
workweek for full time Sales Associates shall be four (4) or five (5) workdays
inclusive of Saturdays and Sundays.
In the event an employee cannot report to work on a scheduled workday, he shall be required to notify the Employer or supervisor as soon as possible and, in no event, later than one (1) hour before his/her regular scheduled starting time.
The company shall provide a 7-day advance notice of any change in the Associates schedule.
Associates shall receive one (1) hour for their meal period and two (2)-(15) fifteen-minute rest periods during their first eight hours of work. Thereafter the Associate shall receive a one half hour dinner period during the next scheduled four (4) hours of work. Management shall approve all meal and break schedules.
Associates shall be required to punch in and out at the start and finish of their workday and for all breaks.
For the Employer For the Union
JOB
DESCRIPTIONS
Sales Associate
Assists customers in a professional manner, applying appropriate greeting, selling techniques and product knowledge to determine and meet customer needs. Offers/presents all approved products and services i.e. required merchandise, credit and warranty products et al. Associates are required to fully participate in corporate initiatives/programs designed to increase sales or track business, such as but not limited to email and MLM screen data collection and store targeted marketing promotions. Completes all necessary paperwork and required actions relating to the processing, completion and follow up of sales transactions. Complies with all procedures pertaining to cash/check/cc and financing. Reviews daily all open orders, typically through SOSM screen, to secure delivery dates on open/delayed orders. Handles customer inquiries and issues in accordance with prescribed policy and procedure. Performs general tasks relating to floor presentation, upkeep and tagging. Carries out various duties to accommodate customer or store administration needs as assigned or required. Meets all performance standards and productivity quotas. Attends daily store meetings and periodic training as required.
Clearance Sales
Associates
Assist customers in a professional manner, applying appropriate greeting, selling techniques and product knowledge to determine and meet customer needs. Offers and approves authorized product, credit and delivery service et al. Associates are required to fully participate in corporate initiatives/programs designed to increase sales or track business, such as but not limited to email and MLM screen data collection and store targeted marketing promotions. Completes all necessary paperwork and required actions relating to the processing, completion and follow up of sales transactions. Complies with all procedures pertaining to cash/check/cc and financing. Handles customer inquiries and issues in accordance with prescribed policy and procedure. Performs tasks relating to the unloading, placement and packaging of goods responsibilities include floor presentation, maintenance and tagging. Carries out various duties to accommodate customer or store administration needs as assigned or required. Meets all performance standards and productivity quotas. Attends daily store meetings and periodic training as required.
Specialty Sales
Associate
Assists customers within assigned department(s) in a professional manner, applying appropriate selling techniques and product knowledge to determine and meet customer needs. Offers/presents all approved/assigned products and services i.e. required merchandise, credit and warranty products et al. Associates are required to fully participate in corporate initiatives/programs designed to increase sales or track business, such as but not limited to email and MLM screen data collection and store targeted marketing promotions. Completes all necessary paperwork and required actions relating to the processing, completion and follow up of sales transactions. Complies with all procedures pertaining to cash/check/cc and financing. Reviews daily all open orders, typically through SOSM screen, to secure delivery dates on open/delayed orders. Handles customer inquiries and issues in accordance with prescribed policy and procedure. Performs general tasks relating to floor presentation, upkeep and tagging. Carries out various duties to accommodate customer or store administration needs as assigned or required. Meets all performance standards and productivity quotas. Attends daily store meetings and periodic training as required.
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For the Employer For the Union
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Levitz Floor Rules
Each Customer is of
great importance to our organization, as such it is expected that they are
treated with the utmost respect and receive the highest level of attention and
service. Consistent with that goal, we generally follow a Closed Floor system on all
of our showroom floors.
Upon arrival at
work each Sales Associate signs in to the computerized Up-list System. The
Up-List assigns a rotational position based upon the arrival time of the
Associate, with the Associate who arrives first receiving the first up.
Associates are expected to give their assigned customers their full attention
from the time the customer enters the store to the time they leave the store. A
Sales Associate must keep the customer they are servicing within their line of
vision at all times.
In rare situations, and only with prior Management approval, an
Associate may be permitted to drop
a customer. After securing approval from the Manager on duty, the Sales
Associate needs to clearly state to the customer in question, that should they
require any assistance during their visit, ANY
Sales Associate will be able to help them. Once done, that Customer is open
to be worked with by another associate. The original Sales Associate is not
permitted to return to assisting the dropped customer.
Under certain
circumstances, such as when there are more customers than Sales Associates, the
Manager on duty may declare an Open
Floor allowing Sales Associates to work with more than one customer
at a time. This is the only time
that Sales Associates will be able to work with more than one customer at a time
without their Managers approval.
Returning
Customers
Occasionally
customers will need to return to the store prior to executing a sale. Customer
should be told that if they wish to work with the same associate who assisted
them on their first visit, they need to go directly to the service desk upon
their return to have that Sales Associate paged by a Manager. The Manager will
then, for internal purposes, designate this customer as a Be Back. After
gaining the approval of the Manager, the Sales Associate is to place themselves
in a busy status on the up-list computer. In
cases where; the returning Customer does not ask for a particular Sales
Associate, the requested Associate is off that day, or if prior designation as a
Be Back has not been obtained
from a manager, the customer will be serviced by the next available Sales
Associate on the Up-List.
With Managements
approval, Sales Associates may set up an appointment to work with a specific
Customer(s) on their day off. They cannot work any other customers during that
time. Their time must be recorded by punching in and out and will generally be
limited to no more than two hours in duration.
Returning Customers
who wish to make a change to an existing order will be serviced by the original
Sales Associate. If the original Sales Associate is unavailable, the next
available Associate on the Up-List will provide service. If key pieces are changed on the order, the commission associated
with the changed pieces will be split
between the original and new sales Associate. If the changes are minor i.e.
color, the original Sales Associate will retain full commission.
Any
disputes, disagreements or challenges regarding Floor Rules must not be
discussed on the sales floor and
need to be brought to the Managers attention as soon as possible. The Manager
will review the facts and make a determination. Such determination can be
appealed by submitting a written appeal to the respective District Manager. Such
decision is not subject to the grievance process.
Violations
of the rules or the spirit in which they were created will result in
disciplinary action up to and including termination. Violations include but are
not limited to:
Stacking- Defined
as working with more than one Customer at a time, without proper Management
approval.
Forced
Recognition/ flagging - Defined as, attempting to gain the attention of a Customer, while
another Sales Associate is working with that Customer.
Distracting,
or being Disruptive, during the selling process- Defined
as any behavior that attempts to or results in a disruption of the customer
experience and/or sales process.
Carding
customers-
Handing out Business cards to Customers on the selling floor, while dealing with
a Customer.
Altering the
Up-list Changing the status of an Associate performing assigned tagging to busy
on the up-list resulting in him/her loosing their door turn.
Agreed to: 6/28/07
For the Employer
For the Union
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HOLIDAYS
All full-time and part-time Sales Associates who work a minimum of 18 hours per week and have been employed for thirty (30) days shall receive paid holidays. The number of hours an Associate is paid for a holiday shall be based on the Associates average hours worked per day.
For Showroom Associates who have delivered less than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $10.74.
For Showroom Associates who have delivered more than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $20.00.
Specialty Associates and Clearance Associates shall receive their regular hourly rates of pay.
To be eligible for holiday pay, the Associate must be actively employed by the company and must have worked their scheduled shift the day before and after said holiday, unless that Sales Associate is off due to a substantial illness or on a pre-approved paid vacation or personal day.
If an Associate works on any of the holidays listed below they shall receive holiday pay and earned commissions for the day.
New Years Day
Martin Luther Kings Birthday
Easter Sunday
Memorial Day
July 4th
Labor Day
Thanksgiving Day
Christmas Day
Additionally, all Associates who have been employed for thirty (30) days shall receive One (1) Floating Holiday each calendar year. A Floating Holiday shall be paid in the same manner as the above listed holidays.
For the Employer For the Union
SICK DAYS
All full-time and part-time Sales Associates who work a minimum of 18 hours per week shall receive paid sick days.
The number of hours an Associate is paid for a Sick Day shall be based on the Associates average hours worked per day.
For Showroom Associates who have delivered less than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $10.74.
For Showroom Associates who have delivered more than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $20.00.
Specialty Associates and Clearance Associates shall receive their regular hourly rates of pay.
Associates shall receive paid sick days in accordance with the following schedule.
Upon the completion of:
Number of paid Sick Days
Two (2) months One (1) day
Four (4) months One (1) additional day
Six (6) months One (1) additional day
Eight (8) months One (1) additional day
Ten (10) months One (1) additional day
One (1) year Five (5) days per year maximum
Associates shall be responsible for contacting the store Manager or designee each day they are absent.
For the Employer For the Union
PERSONAL DAYS
All full-time and part-time Sales Associates who work a minimum of 18 hours per week shall receive paid personal days.
The number of hours an Associate is paid for a Personal Day shall be based on the Associates average hours worked per day.
For Showroom Associates who have delivered less than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $10.74.
For Showroom Associates who have delivered more than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $20.00.
Specialty Associates and Clearance Associates shall receive their regular hourly rates of pay.
Associates shall receive paid personal days in accordance with the following schedule.
Upon the completion of:
Number of paid Personal Days
Three (3) months One (1) day
Six (6) months One (1) additional day
One (1) year Two (2) days per year maximum
There are no partial personal days; personal days can be taken only in full day segments. A personal day is a planned day off and thereby requires Management's advance approval. Management shall not unreasonably withhold approval of such request.
For the Employer For the Union
VACATIONS
Effective
January 2008 Sales Associates working a minimum of 18 hours per week, with 1
year of service, will earn one twelfth (1/12th) of their annual vacation
allotment monthly. Vacation is
earned when an associate works the majority of working days in any month.
Vacation shall be based on the Associates average hours worked.
For Showroom Sales Associates with 1 year of service or more, vacation time shall be paid on a pro-rata basis, calculated by using the Associates gross earnings for the prior year, divided by the number of hours worked.
For the remainder of 2007, Showroom Sales Associates with 1 year of service shall be paid on a pro-rata basis for accrued and unused vacation based of their 2006 earnings.
Part time Associates will receive a pro-rated allotment based upon their average hours worked in the prior calendar year.
Specialty Associates and Clearance Associates shall receive their regular hourly rates of pay for vacation pay.
Associates shall receive paid vacation in accordance with the following schedule.
Length
of Employment:
Annualized Accrual Rate:
1 year 1 week
2-4 years 2 weeks
5-14 years 3 weeks
15+ years 4 weeks
Vacation must be taken in one-week increments and requires the advance approval of management.
Certain weeks may not be available due to staffing and business requirements.
Notwithstanding the above, Associates shall be permitted to take vacation in increments of less than
One (1) week, which must be pre-approved by management and shall not be unreasonably denied.
For the purpose of vacation selection, scheduling of weeks shall have preference over the scheduling of days.
Associates with greater than one year of service shall be allowed to borrow against their yearly vacation time.
If the Associate leaves the company before earning vacation time they have used, they shall repay the company
that amount.
Associates will be allowed to carry into 2008 (and subsequent years) one (1) week of accrued but unused vacation time so long as such time is used by the end of March of that year. Associates may not carry over their vacation to subsequent years.
For the Employer For the Union
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JURY
DUTY LEAVE
Jury duty leave
will be granted to any Sales Associate who has been notified to serve. Upon
receipt of the jury duty notice the Associate must immediately notify his or her
Supervisor. The employer shall pay Associates who are serving on Jury Duty for a
maximum of ten (10) days.
For Showroom Associates who have delivered less than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $10.74.
For Showroom Associates who have delivered more than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $20.00.
Specialty Associates and Clearance Associates shall receive their regular hourly rates of pay.
To be paid for Jury
Duty the Associate must submit proof of attendance to the store manager.
An Associate on
jury duty is expected to report to work on any day he or she is excused from
Jury Duty.
For the Employer For the Union
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BEREAVEMENT LEAVE
In the event of a
death in a Sales Associates immediate family (Spouse, Child, Stepchild, Parents
and Siblings) the Associate shall
receive five (5) days of bereavement leave.
In the event of a
death in a Sales Associates extended family (Spouses Parents and Associates Grandparents)
the Associate shall receive three (3) days of bereavement leave.
The number of hours
an Associate is paid for a Bereavement Leave Day shall be based on the
Associates average hours worked.
For Showroom Associates who have delivered less than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $10.74.
For Showroom Associates who have delivered more than One-Million Dollars in merchandise in the prior year, the hourly rate of pay shall be $20.00.
Specialty Associates and Clearance Associates shall receive their regular hourly rates of pay.
Associates must
advise their Supervisors of their loss. The employer may require the Associate
to submit proof of death and relationship to the deceased.
For the Employer For the Union
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In accordance with the Family and Medical Leave Act of 1993 (the FMLA), a Sales Associate who has been employed by the Employer for at least twelve (12) months (at the time the leave commences) and has worked at least 1,250 compensable hours during the twelve (12) months prior to the leave is entitled to a total of twelve (12) weeks of unpaid leave during any twelve (12) month period for the reasons listed in the FMLA. A Sales Associate who takes a leave of absence under FMLA is required to use his or her accrued vacation, sick or personal days during the leave period.
For example, when two weeks of accrued paid leave is used by a Sales Associate for FMLA purposes, the Employer will provide ten (10) weeks unpaid leave to total of twelve (12) weeks. A leave of absence under FMLA will be granted in accordance with Employers then existing procedures. The FMLA and the regulations promulgated there under will govern the procedures for a leave of absence unless applicable state law provides greater family and medical leave rights in which case the state law will govern.
For the Employer For the Union
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MILITARY LEAVE
The Military Leave
Law or other legislation governing the same shall govern all military leaves.
For the Employer For the Union
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Maintain the current salary guarantee with no reimbursement of any draw.
Commissions are earned during two consecutive weeks (a
single pay period)
There shall be no rolling average in determining commission rates.
There shall be no reduction on the Associates commission due to customer financing.
All Showroom Sales Associates shall receive commissions as follows.
4.0 % on all sales up to $20,000.00
6.0 % on all sales in excess of $20,001.00 to $40,000.00
8.0 % on all sales in excess of $40,001.00
10.0 % for FPP sold up to $1,000.00
12.0 % for FPP sold from $1,000.01 to $3,000.00
14.0 % for FPP sold in excess of $3,000.01
2.0 % for the sale of a mattress sold in a price range of $799.00 to $1,099.00
4.0 % for the sale of a mattress sold above $1,099.00
Associates
shall receive $5.00 for each Debt Cancellation / Tap application that a customer
has applied for and has been accepted.
For the Employer
For the Union
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Effective August 5, 2007, Specialty Sales Associates shall receive bonus pay at the rate of 10.0% for all FPP sold.
If a Clearance Center Associate achieves $96,000.00 in delivered business during a quarter (3 months), they shall receive a bonus of $250.00. The period shall begin on August 1, 2007.
Effective August 5, 2007 Clearance Center Associates and
Specialty Sales Associates shall receive $5.00 for each Debt Cancellation / Tap
application that a customer has applied for and has been accepted.
Agreed to: July 6, 2007 _________________
For the
Employer For the Union
HEALTH AND
WELFARE
Effective August 1, 2007, the Employer agrees to pay Three Hundred Ninety Dollars ($390.00) per month, for each full-time employee covered by this Agreement, who has completed the ninety (90) day probationary period. Contributions are to be made payable to the United Wire, Metal and Machine Health and Welfare Fund. Contributions are to be made by the fifteenth (15) day of the following month for which they are due and are to be accompanied by a written showing the name of the employee, social security number, and gross earnings.
Effective August
1 2008, the contribution shall be increased to Four Hundred Dollars
$400.00 per month, per employee.
Effective August
1 2009, the contribution shall be increased to Four Hundred Thirty
Dollars $430.00 per month, per employee.
It is expressly
understood and agreed that the contributions to the United Wire, Metal and
Machine Health and Welfare Fund as herein provided shall not obligate the said
Fund to provide the coverage required by the New York State or New Jersey State
Disability Benefits Laws. The
Employer shall provide the said required benefits independently without any
deductions from, or contributions by, the employees.
It is expressly
agreed that the Union and/or the United Wire, Metal and Machine Pension Fund
shall have the right to cover its or their employees in the United Wire, Metal
and Machine Health and Welfare Fund, the Union shall not participate in the
selection of Employer-Trustees of the United Wire, Metal and Machine Health and
Welfare Fund. The Welfare Fund may
provide coverage for its own employees.
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For
the Employer
For the Union
PENSION PLAN
The
Employer agrees to make a monthly contribution of Three
(3) percent of the gross earnings of each full time
non-probationary Sales Associate covered by this Agreement who is on the
employers payroll as of August 5, 2007
Upon
the completion of six (6) months of employment, the Employer agrees to make a
monthly contribution of Three
(3) percent of the gross earnings for each full time Sales Associate
covered by this Agreement, who is hired after August 5, 2007
Contributions shall be made payable to the Local 810 Affiliated Pension Plan and are due on the fifteenth (15) day of the following month in which the contribution is for.
During the term of this Agreement, the Union shall be required to furnish to the Employer on a semi-annual basis any and all financial and actuarial records of the Local 810 Affiliated Pension Plan necessary for the Employer to determine whether the Local 810 Affiliated Pension Plan has generated any un-funded vested benefits that would likely result in a withdrawal liability for the Employer if it were to withdraw from the Local 810 Affiliated Pension Plan.
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For
the Employer
For the Union
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401-(K) PLAN
Sales Associates
who currently participate in and those Associates who, as of July 6, 2007 have
submitted enrollment forms to participate in the Levitz Home Furnishings,
Inc. 401 (k) Savings Plan shall be allowed to participate in a separate 401
(K) plan established by the Employer. The Employer shall pay the initial cost
and filing fees to establish the plan
The new 401 (K)
plan shall not provide for Employer matching contribution. In addition, the plan
shall terminate as of the day before the expiration date of this Agreement,
thereafter the Employer shall have no obligation to offer a 401 (K) Plan to the
Sales Associates.
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For
the Employer
For the Union
a) The Welfare and/or Pension Fund may audit the Employer's payroll books and records after giving reasonable notice to the Employer.
b) In the event the Employer defaults in the payment of contributions to the Funds mentioned in
this Agreement, the Union may take legal action to obtain payment.
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For
the Employer
For the Union
ASSOCIATE DISCOUNT
PURCHASE PROGRAM
All Sales Associates shall be eligible for participation in the Associate Purchase Program The highlights of the current program are detailed in a letter to the Associates from Levitz C.E.O. Larry Zigerelli, a copy of which is attached.
The Program shall be afforded to all company employees on an equal basis. The Employer reserves the right to alter, amend or terminate the program at any time.
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For
the Employer
For the Union
ASSOCIATE
REFERRAL PROGRAM
Sales Associates shall be permitted to participate in the Associates Referral Program as that program may be maintained from time to time. The Employer reserves the right to alter, amend or terminate the program at any time.
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For
the Employer
For the Union
FULL TIME/PART TIME SALES ASSOCIATES
Full time Sales Associates shall be defined as those working at least thirty (30) hours or more per week on a regular basis.
Part time Sales Associates shall be defined as those working less than thirty (30) hours per week on a regular basis.
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For
the Employer
For the Union
The Employer recognizes the principle of seniority for the purpose of
layoff and recall. Seniority shall be measured from the first day of employment.
In the event of a layoff, seniority shall be on an Area-wide basis, in that the
last Sales Associate hired within an Area shall be the first Sales Associate
laid off.
Areas
shall be defined as follows:
Area
#1 Jersey City, Union, Woodbridge, Staten Island & Marine Park,
Area
#2 Paramus, Paramus Rt. 17, Nanuet & Fairfield Yonkers,
Area
#3 Brick, Bridgewater, Eatontown & East Brunswick
Area
#4 Middletown & Mohegan Lake Grand Concourse, Turnbull Ave, Co-op City
Area
#5 Valley Stream, Holbrook, Farmingdale, Smithtown & Garden City
Area
#6 14th Street, Elmhurst, Middle Village Harlem Fulton Street
In
the event of significant store closings, the parties agree to meet for the
purposes of redefining Areas.
Sales
Associates with at least one (1) year of service, who are laid off retain their
seniority for a period of one (1) year. Sales Associates who have passed the
probationary period who have less than one year of service shall retain their
seniority for a period of three (3) months.
Sales
Associates seniority shall be immediately terminated for any of the following
reasons:
1.
Resignation or retirement
2.
Discharge, unless reinstated by mutual agreement or by an arbitrator.
3.
Failure to contact the Employer or start re-employment within designated
timeframes during a recall from layoff status or declining to return from
layoff.
4.
Failure to provide company required documentation to substantiate or
maintain leave status within designated timeframes.
5.
Failure to return immediately upon the expiration of an approved leave of
absence.
6.
Any leave of absence that exceeds three (3) months.
Preference
in choice of vacation scheduling shall be given to the Associate with the
greatest company wide seniority within a store.
In
the event of a recall from layoff, the employer will send, by certified and
regular mail, a notice of recall to the Sales Associates last known address.
The Sales Associate must contact the employer with in seven (7) days of the
certified mailing date to arrange for re-employment. Re-employment must commence
within fourteen (14) days of the certified mailing.
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For
the Employer
For the Union
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In the event of a layoff affecting a full-time Showroom Sales Associate(s) in a given area, Associate(s) shall have the opportunity to bump the least senior part-time Showroom Sales Associate in the affected area. For purposes of this provision, if the full-time Showroom Sales Associate has less seniority than the part-time Showroom Sales associate does, he/she will still be allowed to exercise his/her bumping privilege by virtue of his/her status as a full-time Associate.