ARTICLE 01 - RECOGNITION

Seven Corners:

The Employer, pursuant to a certification of the National Labor Relations Board (Case No. Case 19-RC-296617), dated September 15, 2022, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 1954 SE Division Street, Portland, OR 97202; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

Concordia:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 305031), dated December 27, 2022, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 5320 NE 33rd Avenue, Portland, Oregon 97211; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

Grant Park:

The Employer, pursuant to a certification of the National Labor Relations Board (Case No. 19-RC- 304902), dated December 21, 2022, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 3210 NE Broadway Street, Portland, Oregon 97232; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

Slabtown:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 301416), dated October 28, 2022, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer’s regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 2170 NW Raleigh Street, Portland, Oregon 97210; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

Arbor Lodge:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 307650), dated January 24, 2023, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at it store located at 6400 N Interstate Ave., Portland, OR 97217; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

Cedar Hills:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 307867), dated February 6, 2023, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer’s regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 3495 SW Cedar Hills Blvd., Beaverton, OR 97005; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

Hawthorne:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 314269), dated May 4, 2023, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 4034 SE Hawthorne Blvd., Portland, OR; but excluding all Managers, Assistant Store Managers, managerial employees, Security Leads, and guards and supervisors as defined by the Act.

University Park:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 327837), dated December 8th, 2023, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 6300 N Lombard St., Portland, OR 97203; but excluding all Managers, Assistant Store Managers, Security Leads, managerial employees, all other employees, and guards and supervisors as defined by the Act.

Williams:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 329593), dated December 15th, 2023, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Mangers, and Leads, employed by the Employer at its store located at 3445 N Williams Ave. Portland, OR 97227; but excluding all Managers, Assistant Store Managers, Security Leads, managerial employees, all other employees, and guards and supervisors as defined by the Act.

Sellwood:

The Employer, pursuant to a certification of the National Labor Relations Board, (Case No. 19-RC- 329405), dated December 26th, 2023, recognizes the Union as the sole and exclusive collective bargaining agent of the Employer's regular full-time and regular part-time employees, including Assistant Department Managers, and Leads, employed by the Employer at its store located at 1214 SE Tacoma St., Portland, OR 97202; but excluding all Managers, Assistant Store Managers, Security Leads, managerial employees, all other employees, and guards and supervisors as defined by the Act.

ARTICLE 02 - 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.

ARTICLE 03 - UNION SECURITY

Section 1. Union Dues; Union Security.

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.

1.1 Upon failure of any employee to comply with the provision of Article 03, Paragraph 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 nonsupporter 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 Business Partner, or Senior Labor Relations Manager and include documentation of the Union's written notice to the employee as outlined above.

1.2. 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.

1.3. 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.

ARTICLE 04 - UNION COMMUNICATION BOARD

Section 1.

The Employer will provide the Union with one (1) 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 (9) 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 thirty (30) days. Permanent or annual Postings of NLRB Statements of Rights, Meetings and Officer/Shop Steward Lists are excluded from the thirty (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 twelve (12) 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 venues, 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 the 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.

ARTICLE 05 - RIGHTS OF UNION STEWARDS, UNION AGENTS, AND WEINGARTEN REPRESENTATION 

Section 1. Definitions.

1.1."Union Stewards" can only be a represented employee designated by the Union, currently employed at the location covered by this Agreement, or at another location represented by the Union. This definition includes Union Officers.

1.2. “Union Agent” is any union paid representative of New Seasons Labor Union designated to perform representation duties for the Union.

Section 2. Union Stewards

2.1. Selection & Identification.

The Union will select and identify its Union Stewards. The Union may appoint two (2) Union Stewards and additional alternates per location covered by this Agreement. The names of such Union Stewards (including alternates and Union Officers) shall be submitted in writing to the Store Manager or designee and Senior Labor Relations Manager or designee within seven (7) days of designation, change, or update.

2.2. Duties.

Union Stewards shall perform, during non-work time, such duties as may be required in acting as a Weingarten representative, and attempting to resolve disputes both prior and during the application of the grievance procedure outlined in Article 28. The execution of these duties must not interfere with the normal course of business.

Section 3. Union Agents

3.1. Identification

The Union will identify its Union Agents. The names of designated Union Agents shall be submitted in writing to the Store Manager or designee and Senior Labor Relations Manager or designee within seven (7) days of designation, change, or update.

3.2. Access to Premises

Unless they have been excluded from the Employer’s properties, Union Agents may access Employer premises. Access must occur during business hours, with the exclusion of 11 AM to 1 PM and 5 PM to 7 PM (unless permission is granted by the Store Manager or designee), for the purpose of conducting Union business within the Employer's facilities. Union Agent store visits must not disrupt business operations nor interfere with the working time of any employee.

Prior to any store visit, the Union Agent must give a twenty-four (24) hour notice to the Store Manager or designee via email. Provided however, if the Union Agent has been requested as a Weingarten representative, twenty-four (24) hour notice may be waived. Upon arrival, the Union Agent is required to check in with the Manager on Duty. The Union Agent must wear an identification name badge while visiting the store. Union business must be conducted only in non-work areas designated by the Employer.

Section 4. Weingarten Rights.

The Employer will respect bargaining unit members’ Weingarten Rights in accordance with the National Labor Relations Act.

Section 5. Support in Closed-Door Meetings.

If management requests a meeting with a represented employee and management requires that the door of the room/office be closed during the meeting, the employee may request a bargaining unit employee of their choice at their store to accompany them. The accompanying employee shall not delay the start of the meeting nor disrupt the manager’s ability to communicate with the employee.

5.2. Pay.

The accompanying employee may only participate in these meetings during their non- work time. Unpaid time spent shall be recorded on the appropriate form.

ARTICLE 06 - 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 Senior Labor Relations Manager 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.

ARTICLE 07 - UNION LEAVES 

Section 1. Short Term Union Leave. 

Unpaid leave for union business will be granted. Each Union Steward may be granted seven (7) unpaid workdays off per calendar year for union business, with a total allowance of no more than fourteen (14) workdays off per calendar year, per store, for union business. Requests for such leave must be submitted by the Union in writing to the Store Manager and Senior Labor Relations Manager at least three (3) weeks prior to the desired date of the leave. Only two (2) employees can be on leave simultaneously. 

Section 2. Long Term Union Leave.

A Union Steward or Union Agent may be granted one continuous unpaid leave of one (1) month or greater, for union business. Seniority will be maintained for the duration of the approved leave.

2.1. Requesting Leave.

An eligible employee shall request union leave with at least thirty (30) days advance notice to the Store Manager or designee and Senior Labor Relations Manager or designee. The request must include the start date and the anticipated date of return. No later than four (4) weeks prior to the end of the initial leave, the employee may request an extension of up to twelve (12) months. The extension request must be resubmitted by the Union in writing to the Store Manager or designee and Senior Labor Relations Manager or designee and must include the new anticipated date of return. 

2.2 Insurance Coverage.

Employer provided insurance coverage ends the first of the month following the last day of pay. For the remainder of the leave, the employee may opt to continue their health insurance coverage through COBRA, subject to all rules, regulations, and laws related to the use of COBRA.

2.3 Return to Work.

Any employee returning from Long Term Union Leave will be given preference for the first available vacancy in their pre-leave store that matches their pre-leave job title, scheduled hours and pay grade.  If the pre-leave job title has been eliminated, the Employee will be given preference for the first available vacancy in their pre-leave store that most closely matches their pre-leave department and pay grade. If the employee does not accept the first available vacancy that matches their pre-leave job title and pay grade in their pre-leave store, employment will be terminated. 

ARTICLE 08 - WORK AUTHORIZATION AND WORKPLACE IMMIGRATION ENFORCEMENT 

Section 1. Work Authorization.

The Employer shall not require or demand proof of citizenship or immigration status, except as required by law.  

The Employer shall not take any adverse action against an employee due to changes in the employee’s name or social security number, provided that the employee is authorized to work in the United States and is not known to have violated company policy related to work authorization. 

In the event that an employee has a problem with their authorization to work in the United States, the Employer shall, in communicating with the employee, suggest that the employee contact the Union for support. 

The Employer shall not retain copies of employees’ identity and work authorization documents, except as required by law. 

The Employer will not inquire into the immigration status of an employee as a consequence of asserting rights under the Agreement or law.

If information sharing agreements between local, state, or federal government agencies change or are newly created during the term of this agreement, the parties agree to meet to bargain over the effects of these changes. The Employer shall notify the Union and offer to bargain prior to the use of “E-Verify” (or any similar service) to verify work authorization unless required by law.

If the Employer terminates an employee because the employee is unable to provide required proof of work authorization or if an employee resigns in lieu of being terminated for that reason, the Employer shall offer the employee the next available opening in a represented store and in the employee’s former classification or another classification for which the employee is qualified once the employee’s work authorization can be verified.

Section 2. Workplace Immigration Enforcement.

In the event that the Employer receives notice indicating that there is or might be a problem with an employee’s social security number (such as a no-match letter), the Employer shall provide a copy of the notice to the employee upon receipt and provide the employee a reasonable time to correct any discrepancy in accordance with the law. 

The Employer shall: 

1. Notify the Union, through the Shop Stewards and through email, as soon as possible if it receives any type of warrant, subpoena or request from any immigration enforcement agency, including the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), relating or referring to represented employees, including inspection of I-9 Employment Eligibility Verification forms or other employment records; 

2. Not provide voluntary consent to an immigration enforcement agent to enter non-public areas of the workplace unless the agent provides a judicial warrant; 

3. Not provide voluntary consent to an immigration enforcement agent to access, review, or obtain the Employer’s employee records without a subpoena or court order; 

4. Not reverify the employment eligibility of a current employee at a time or in a manner not required by specified federal law; and 

5. In the event that DHS notifies the Employer that certain employees do not appear to be authorized for employment, provide the affected employees with the maximum amount of time permitted by law to present documents to establish employment authorization. 

Section 3. Management Training.

The Employer shall train all managers and supervisors on this section within a reasonable amount of time and thereafter within six(6) months of hiring any new manager or supervisor.

Section 4. Citizenship Holiday.

On the day that an employee is sworn in as a U.S. citizen, the employee will be excused from work. 

Section 5. Immigration Leave.

Employees may request time away from work to address any matters related to immigration or citizenship matters for themselves or a member of their immediate family. This includes but is not limited to attending court dates, meetings with attorneys, deportation hearings, and other like events. Such requests shall not be unreasonably denied.

ARTICLE 09 - MANAGEMENT RIGHTS 

Section 1. Purpose and General Statement.

The parties recognize that the Employer has the responsibility to operate and manage the business effectively and efficiently, to foster a supportive and rewarding work environment, and to fulfil its mission to connect our community to good food.  Nothing in this Agreement limits the Employer’s duties under applicable federal, state, or local laws. If a specific provision of this Agreement conflicts with this Article, the specific provision shall control.

Section 2.  Management Responsibilities.

Except where expressly limited by this Agreement, the Employer has the rights and responsibilities required to operate a retail grocer, including to:

• Set the mission, objectives, direction, and policies of the organization;

• Direct, assign, and supervise employees in their work;

• Establish and modify reasonable work rules, policies, and procedures;

• Determine staffing levels, work schedules, and employee assignments;

• Hire, evaluate, promote, transfer, and discharge employees for just cause;

• Introduce new services, methods, equipment, or technologies to improve operations;

• Restructure, reorganize, create or eliminate departments, functions, or positions for legitimate operational or business reasons.

Section 3. Exercise of Rights.

The Employer will exercise its retained rights in a manner consistent with the terms of this Agreement and applicable law. Where the law requires bargaining over a decision, the Employer will provide the Union with sufficient advance notice to allow for meaningful bargaining; the amount of notice will depend on the nature and urgency of the proposed change.  The parties further agree that open communication and constructive dialogue are essential when the Employer’s exercise of these rights significantly impacts employees, and both commit to addressing such matters in a respectful and collaborative manner.

Section 4. Preservation of Rights.

The omission of a specific right from this Article does not mean that the Employer has waived that right. The Employer’s decision not to exercise a right, or to exercise it in a particular way, does not waive its ability to exercise it differently in the future, provided such exercise is consistent with this Agreement and the law.

ARTICLE 10 - BARGAINING UNIT WORK

Section 1. Preservation of Bargaining Unit Work.

The parties agree to preserve work traditionally performed by bargaining unit employees as bargaining unit work. To that end, the parties agree as follows:   

1.1 Non-Bargaining Unit Employees.

Managers, Store Leadership, and Store Support Staff may perform bargaining unit work at limited times. Such assignments will not be made if the effect of such assignments temporarily or permanently replaces or eliminates bargaining unit employees, positions, or results in a reduction of labor hours available to bargaining unit employees.   

1.  The Employer recognizes the fact that bona fide supervisory employees are only those who have the actual authority to hire, promote, discipline, discharge, or otherwise effect changes in the status of employees or effectively recommend such action, and it is not the Employer's policy to establish jobs or job titles for the purpose of excluding such employees from the bargaining unit as established in the Recognition Clause, or in this Article.   

2. The Parties recognize that the nature of the work requires that supervisors and some other non-bargaining unit employees be able to perform bargaining unit work on occasion. Unless mutually agreed the limits to supervisor(s) and other non-bargaining unit employees performing bargaining unit work shall be:   

• Store Managers, Assistant Store Managers, and Department Managers: These roles are responsible for leading from the floor. Performing bargaining unit work is a regular and necessary part of their role, ensuring visible leadership and operational support.  

• Store Support Staff: Some Store Support staff perform bargaining unit work at limited times as part of their responsibilities. Others may perform such work when needed during peak sales events, emergencies, or inventory periods. The performance of bargaining unit work by store support staff will not be expanded beyond the scope and practice that has historically existed.

 1.2 Subcontractors, Vendors, Drivers, E-commerce Partners, and Other Third-Party Providers.

The Employer may subcontract or assign third-party providers to perform bargaining unit work on a limited basis as needed to meet operational requirements, respond to emergencies, or address specialized business needs (including but not limited to janitorial, pest control, or maintenance).  

• The employer may continue any subcontracting relationships currently in place at their current level.  

• No bargaining unit employee will lose employment as a result of subcontracting or assignment of work to a third-party provider.  

• No bargaining unit positions or labor hours will be reduced or eliminated as a result of subcontracting or assignment of work to a third-party provider.  

• The Employer will provide the Union with twenty-one (21) calendar days’ notice prior to subcontracting or assigning to a third party any additional bargaining unit work. Upon request by the Union, the Employer and Union will meet and discuss the proposed subcontracting. 

Section 2. Technology.

The Employer will notify the Union prior to implementation of any new technology or methods that may have a material effect on the wages, hours, or working conditions of any bargaining unit employee in order to give the Union the opportunity to request to bargain concerning the effects of such change.  

ARTICLE 11 - HOURS OF WORK 

Section 1. Workweeks.

The basic straight time workweek shall consist of seven (7) calendar days, beginning at 12:00 AM on Wednesday and ending at 11:59 PM on Tuesday.  

Section 2. Shifts.

Shifts are a single work period and are scheduled based on the operational needs of the business and may vary in duration, ranging from four (4) to ten (10) hours scheduled consecutively.   

2.1. No Split Shifts.

Split shifts shall not be scheduled by the Employer nor worked by the employee.  

2.2 Sixth Day Worked in One Week.

Employees shall not be scheduled for more than five (5) consecutive days except by mutual written agreement.  During blackout periods, the Employer may schedule a sixth day on an exceptional basis, only when required to meet business needs.  

Section 3. Rest Breaks.

A rest break is defined as a fifteen (15) minute period of paid time during which the employee is relieved of all work responsibilities. A meal break is a thirty (30) minute period of unpaid, uninterrupted time during which the employee is relieved of all work responsibilities. Employees are entitled to rest breaks and meal periods as outlined in Table 1 (below).  

Table 1  - Rest and Meal Periods

3.1. Timing of Rest Breaks.

Rest breaks and meal breaks may not be taken consecutively. Meal breaks should be taken as close to the midpoint of the employee’s scheduled shift as is practical, and must be started prior to the sixth hour of a scheduled shift.  

Section 4. Rest Periods Between Shifts.

No employee shall be scheduled consecutive shifts without a minimum of twelve (12) hours between the end of one scheduled shift and the start of the next scheduled shift. Any work performed within this twelve (12) hour period shall be paid at the rate of time-and-one-half (1.5) the employee's regular hourly rate of pay. Shorter rest periods between shifts shall not be scheduled by the employer or worked by the employee, unless by mutual agreement of both the employee and employer.  

Section 5. Overtime.

Overtime is defined as time worked in excess of forty (40) hours in a workweek or performed on the sixth and any subsequent consecutive days within the same workweek. Overtime work shall be paid at time-and-one-half (1.5) rate of the employee's regular hourly rate of pay.  

5.1 Exclusions from Overtime Calculation.

Paid time off (PTO), bereavement leave, jury duty, closed holiday hours, and any other hours not actually worked will not count toward the employee’s weekly total for the purposes of determining overtime eligibility.  

5.2 No Compounding or Pyramiding.

There shall be no compounding or pyramiding of PTO, overtime, and/or holiday pay. Only the highest applicable rate shall apply.  

Section 6. Minimum Call-Back Requirement.

If circumstances require the employer to call-back an employee when they are off of work, at least four (4) hours of work must be available, or the employee must be paid for a minimum of four (4) hours of work. The employer should give the employee at least two (2) hours of notice in advance of the shift start time.  

Section 7. Work Schedules.

Biweekly work schedules for employees shall be posted by 12:00 am on Wednesday in the HRIS system, two (2) weeks prior to the start of the workweek. It is understood that the established work schedule may be changed, if necessary, by mutual agreement. The printed and posted work schedule will include the preferred name of the employee as provided by the employee in the HRIS system, shift starting and ending times, days off, and the total hours scheduled for the week. However, in any conflict between printed and digital schedule the digital schedule will be considered the official version to which employees will be held accountable. The Employer will make reasonable effort to ensure printed and posted schedules are updated and consistent with digital schedules. Inadvertent discrepancies between the printed and digital schedules shall not be considered a violation of this Agreement. 

Section 8. Days Off.

With the exception of blackout periods, each employee shall be granted a minimum of two (2) consecutive days off per workweek. Requests for split days off may be submitted to the Employee’s Department Manager and may be approved based on the needs of the business. 

Section 8.1. Availability.

At time of hire and during employment, an employee may identify any limitations or changes in work schedule availability, and may also request not to be scheduled for work shifts during certain times. An employee shall not be scheduled outside of their stated availability without mutual agreement between the employer and employee. Changes in availability may increase or decrease scheduled hours of work.  

Section 9. Preferred Regular Days Off.

During the first week of each quarter, employees may identify their preferred regular days off. The Employer will consider these preferences using the scheduling priority order in Section 6 of the Seniority Article and shall accommodate them when consistent with business and operational needs.

ARTICLE 12 - WAGES 

Section 1. Wages.

Upon ratification of this contract, wage grades for all represented employees will be adjusted to address wage compression as follows: 

Wage increases will be applied on a graduated scale: employees with lower range penetration will receive higher percentage increases, and employees with higher range penetration will receive lower percentage increases. 

Specifically, employees at 0% range penetration will receive a 16.5% increase and employees at 100% range penetration will receive a 3% increase. 

Increases for all other points along the scale will be applied proportionally.  

 Table 2  - Year One Wage Table

Section 2.  Stepped Wage Increases.

Following application of the wage adjustments described in Section 1, the progression schedule for wage increases will begin upon contract ratification. Employees shall progress within their pay grade based on hours actually worked on and after the contract ratification date, up to their Pay Grade Maximum, with wage increases applied as shown in Table 3. After completing each increment of hours, employees move to the next wage step.    

2.1 New Hires.

The progression schedule for wage increases for new hires will begin upon hire. New hires shall progress within their pay grade based on hours actually worked from their hire date, up to their Pay Grade Maximum, with wage increases applied as shown in Table 3. After completing each increment of hours, new hires shall move to the next wage step.    

2.2 Maximum Limits.

In cases where employees’ wages have reached the maximum limit of their designated pay grade, as outlined in Table 2 no stepped wage increases will be applied.    

2.3 Adjustments for Minimum Wage Changes.

If changes to applicable laws result in an increase in the statutory minimum wage beyond the minimum rates specified in this agreement, the wage table will be updated to reflect those changes. Only employees whose wages fall below the new statutory minimum wage will have their wages adjusted to meet the new legal requirement. Such adjustments will establish the new minimum rate for the affected pay grade, and future Cost of Living Adjustments under Section 3 will be applied from that updated rate.   

Table 3   - Worked Hours Increases

Section 3. Cost of Living Adjustment (COLA).

On the first anniversary of the contract’s ratification date, and every twelve (12) months thereafter for the duration of the contract, the minimum rates for each pay grade shown in Table 2 will increase by two percent (2%).  

The maximum rates for each pay grade will be recalculated annually by adding the fixed dollar amount shown in the “Spread by Pay Grade” column in Table 4 to the new minimum rate for that pay grade. Rounding to the nearest cent will apply.   

Employees who are at the maximum rate of their designated pay grade at the time of a COLA adjustment will have their wages increased up to the new maximum rate established for that pay grade. 

Employees whose wages are below the new minimum of their designated pay grade at the time of the COLA adjustment will have their wages increased to the new minimum rate.  

Table 4- Years Two and Three Wage Table

ARTICLE 13 - HEALTH PLAN BENEFITS

Section 1. Benefit Eligibility.

The Employer will provide access to Health Plan Benefits for all employees who meet the eligibility requirements specified below. 

1.1 Eligibility Threshold.

All employees covered by this Agreement are eligible to enroll in health plan benefits if they maintain an average of twenty-four (24) hours worked per week during each fiscal quarter. 

1.2 General Eligibility Rules.

For benefit-eligibility purposes, an employee’s average weekly hours include all hours worked and any paid time for which the employee receives wages from the Employer. Initial eligibility begins on the first of the month following sixty (60) days of employment. 

Federal and State protected leaves will not reduce an employee’s average weekly hours for eligibility purposes. 

1.3 Eligibility Monitoring.

The Employer will audit each employee’s average weekly  hours worked on a quarterly basis, using the prior fiscal quarter as the measurement period. 

1.4 Loss of Eligibility.

If the employee’s average weekly hours fall below twenty-four (24) for one (1) fiscal quarter, the Employer will provide written notification of the deficiency and advise that eligibility may be lost if hours remain below the required threshold in the next fiscal quarter. 

If the employee’s average weekly hours fall below twenty-four (24) for two (2) consecutive fiscal quarters, the employee will lose eligibility for health plan benefits in accordance with Affordable Care Act (ACA) requirements. The Employer will provide written notice of any change in eligibility status. 

If, after losing eligibility, the employee’s average weekly hours increase to meet or exceed twenty-four (24) during a subsequent fiscal quarter, eligibility for health plan benefits will be reinstated effective the first of the month following the quarter in which the employee again meets the average-hours requirement. The Employer will provide written notice of reinstatement. 

Section 2. Annual Coverage Selection.

Eligible employees may select their preferred coverage under the Employer’s Benefits Plan on an annual basis.  

Section 3. Plan Year.

The Major Medical Plan year will run from January 1 to December 31.  

Section 4. Coverage.

During the term of this Agreement, the Employer will offer Group Insurance coverage to all eligible employees covered by this Agreement. The plans and benefits available to these employees will be the same as those offered to non-bargaining unit employees.  

Group Insurance plans will include medical, dental (including orthodontia), vision, pharmacy, office visits, mental health, chiropractic care, naturopathy, gender affirming care, coverage for major disease states, hospice care, company-provided life and disability insurance, an employee assistance program, and pre-tax accounts, as available. These benefits will be offered to eligible employees in accordance with plan terms.  

Any changes to the types of plans or benefits offered to non-bargaining unit employees will also apply to employees covered by this Agreement. Such changes may involve the termination, replacement, or introduction of plans, as well as modifications or improvements to existing benefits.  

Section 5. Modifications or Improvements to Existing Benefits.

The Employer will provide the Union with advance notice of any material changes to benefit plans or coverage as soon as the employer determines such changes are necessary. If the Union wishes to bargain over such changes, it must notify the Employer within fourteen (14) days of receiving notice. The parties will then meet to bargain within thirty (30) days of the Employer’s initial notice.  

Section 6. Employer and Employee Contributions.

For the plan year in which this Agreement becomes effective, the Employer’s monthly contribution toward health plan premiums will remain at the current rate. 

For each subsequent plan year during the term of this Agreement, the Employer and employees will share the cost of any annual increase in premium rates (based on the aggregate plan renewal rate across all coverage tiers), measured relative to the immediately preceding plan year, as follows: 

1. For the first seven percent (7%) of any annual increase, the Employer will contribute eighty percent (80%) of the cost of the increase, and employees will be responsible for the remaining twenty percent (20%).  

1. For the next three percent (3%) of any annual increase (the portion between seven point one percent (7.1%) and ten percent (10%)), the Employer and employees will each pay fifty percent (50%).   

1. For any portion of the annual increase above ten percent (10%), the Employer will pay eighty percent (80%) and employees will pay twenty percent (20%).   

Section 7. High Deductible Plan.

For employees enrolled in the High Deductible Health Plan, in addition to premium contributions as specified in Section 6, the Employer will contribute a minimum of five hundred dollars ($500) per year, paid in equal monthly installments, to each enrolled employee’s Health Savings Account (HSA). 

ARTICLE 14 - 401 K  

Section 1. Eligibility.

All employees are eligible to participate in the 401(k) plan upon:

• Reaching age eighteen (18), and 

• Completing sixty (60) days of continuous service. 

Section 2. Automatic Enrollment.

Employees will be automatically enrolled in the pre-tax 401(k) plan with a three percent (3%) pre-tax contribution, effective the first of the month following sixty (60) days of employment. 

Section 3. Employee Contributions.

Employees may adjust their contributions, subject to IRS limits. 

Section 4. Employer Contributions.  

• Matching Rate. The Employer will match employee contributions up to two and a half percent (2.5%) of the employee’s eligible compensation per year. This is based on a matching rate of fifty percent (50%) for each dollar contributed by the employee, up to five percent (5%) of their eligible compensation.

• Matching Contributions Cap. The maximum amount of employer matching contributions will be determined by the IRS.  

Section 5. Vesting Schedule.

The vesting schedule for employer contributions will be as follows:  

• One (1) completed year of service: Twenty percent (20%) vested 

• Two (2) completed years of service: Forty percent (40%) vested 

• Three (3) completed years of service: Sixty percent (60%) vested 

• Four (4) completed years of service: Eighty percent (80%) vested 

• Five (5) completed years of service: One hundred percent (100%) vested 

Section 6. Opt-Out.

Employees who do not wish to participate in automatic enrollment may opt-out by providing written notice to the 401(k) Plan Administrator within thirty (30) days preceding their enrollment date. Employees who opt-out will not have contributions automatically deducted but may choose to enroll at a later time under the terms of the plan. 

ARTICLE 15 – PAID TIME OFF 

Section 1. Paid Time Off (PTO).

PTO is a bank of paid time that an employee may use for vacation, or personal reasons, or other approved absences.  

All bargaining unit employees are eligible to participate in the PTO program. Employees begin accruing PTO hours starting on their date of hire and can use them as soon as they are accrued.  

Employees will not be paid for more than forty (40) hours of PTO per week. The forty (40) hours includes the combined total of hours actually worked and PTO used during that workweek.  

PTO used for qualifying sick time purposes will be protected under Oregon sick leave laws. Requests for time away from work for other reasons such as vacation, must be submitted through the established time away from work process in advance approved by a manager.   

Section 2. Accrual Rates and Caps.

PTO accrues as a percentage of compensable hours, as outlined in Table 5.  

Table 5 - Paid Time Off Accrual

Section 3. PTO Rules for Leaves of Absence.

Employees may use accrued PTO at their discretion for any type of leave. However, PTO may not be used concurrently with income replacement benefits received through workers’ compensation.  

Section 4. Termination.

When an employee’s employment with the Employer ends, they will be paid for any accrued, unused PTO up to their maximum PTO accrual cap. This amount will be included in the employee’s final paycheck. 

ARTICLE 16 - HOLIDAYS 

Section 1. Holiday Pay Eligibility.

To be eligible for holiday pay, all employees must: 

• Have completed the ninety (90)-day probationary period. 

• Have worked the entirety of all scheduled shifts in the four (4) days leading up to the holiday, unless the employee’s absence(s) are covered by sick leave or other protected leaves of absence. 

Section 2. Holiday Pay on Store Closure Holidays.

For holidays during which the store is closed, eligible employees will receive pay at their regular hourly rate of pay. The number of paid hours will be equal to the average daily hours worked over the two (2) previous pay periods. These holidays include:

• Christmas Day 

• Thanksgiving Day 

Section 3. Holiday Pay on Open Holidays.

For holidays during which the store is open, eligible employees will receive holiday pay at twice their regular hourly rate of pay. Holiday pay will be applied to all hours worked between 12:00am to 11:59pm on that holiday. These holidays include:

• New Year’s Day 

• Memorial Day

• Independence Day 

• Labor Day 

Section 4. Personal Holiday.

Employees are entitled to one (1) personal holiday per calendar year. The personal holiday must be scheduled in advance by the employee, in accordance with standard time away from work practices. The personal holiday will be paid at the employee’s regular hourly rate of pay based on the average daily hours worked over the two (2) previous pay periods.

ARTICLE 17 - LEAVES 

Section 1.

The Employer shall comply with all applicable local, state, and federal leave laws. Should changes to these laws require additional or modified leave benefits, the Employer will provide at least thirty (30) days’ notice to the Union regarding any adjustments needed to ensure compliance. 

Except where required by law, the Employer shall not require the Employee to use their Paid Time Off (PTO) before they can qualify for leave options.

Section 2. Jury Duty Leave.

All employees are eligible for paid jury duty leave upon hire, provided their jury service occurs during their scheduled work hours.

2.1 Eligibility and Duration.

Employees may be granted up to ten (10) days of jury duty leave every two (2) years.

2.2 Compensation.

Employees will be paid their regular hourly rate of pay for the hours they are scheduled to work, subject to the following conditions:

• Hours paid for jury duty will not count as hours worked for the purpose of calculating overtime.

• If an employee works partial days while serving on a jury, the combined total of jury duty pay and worked hours cannot exceed eight (8) hours per day.

• Employees receiving jury duty pay are required by law to waive daily juror fees paid by the court.

2.3 Grand Jury Service.

Employees may be granted up to twenty (20) days of leave every two (2) years to serve on a grand jury. This maximum of twenty (20) days includes all jury service, whether for grand jury or other court systems, and applies to a mix of court systems served within the two-year period.

2.4 Notification Requirements.

Employees must present their jury summons to their department manager within five (5) working days of receipt. While serving on a jury, employees are responsible for notifying their Department Manager or Store Manager by phone call of any changes to their expected return-to-work date.

Section 3. Unpaid Personal Leave.

Employees who have completed one (1) year of employment, may request an unpaid personal leave, not to exceed sixty (60) calendar days, for a leave of absence not covered elsewhere in this agreement. Personal unpaid leaves of absence shall not be taken more than once every two (2) years.

3.1. Requesting Leave.

Request for such leave must be submitted in writing at least sixty (60) calendar days in advance to the eligible employee’s Store Manager and Department Manager, and must establish reasonable justification for approval of the request. Each request will be reviewed and considered for approval by the Employer. Normally, such leave will not be approved for an employee who is accepting employment outside the Employer.

3.2 Insurance Coverage.

Employer provided insurance coverage ends the first of the month following the last day of pay. For the remainder of the leave, the employee may opt to continue their health insurance coverage through COBRA, subject to all rules, regulations, and laws related to the use of COBRA.

3.3 Return to Work.

Any employee returning from Unpaid Personal Leave will be given preference for the first available vacancy in their pre-leave store that matches their pre-leave job title, scheduled hours and pay grade.  If the pre-leave job title has been eliminated, the Employee will be given preference for the first available vacancy in their pre-leave store that most closely matches their pre-leave department and pay grade. If the employee does not accept the first available vacancy that matches their pre-leave job title and pay grade in their pre-leave store, employment will be terminated. 

Section 4. Bereavement Leave.

Eligible employees may take up to two (2) intermittent or consecutive weeks of leave following the death of a qualifying family member. This leave must be completed within sixty (60) days of the date when the employee learned of the death. 

Qualifying family members include:

• Spouse or domestic partner

• Child (biological, adopted, foster, or stepchild), or their spouse/domestic partner

• Parent (biological, adoptive, foster, stepparent, legal guardian, or in loco parentis)

• Parent of spouse/domestic partner, or their spouse/domestic partner

• Sibling or stepsibling, or their spouse/domestic partner

• Grandparent or their spouse/domestic partner

• Grandchild or their spouse/domestic partner

• Any person treated as a family member (affinity)

4.1 Bereavement Pay.

Employees are eligible for up to three (3) days of paid leave for the death of a qualifying family member. The employee will, at their discretion, be permitted to use any other accumulated paid time off to cover any unpaid bereavement leave.

ARTICLE 18 - WORKPLACE SAFETY 

Section 1. Employer Commitment to Workplace Safety.

The Employer is committed to providing a safe and healthy workplace through adhering to all relevant federal, state and local laws and regulations. When the Employer becomes aware of a workplace hazard, unsafe condition, or injury, the Employer agrees to promptly investigate. To the extent reasonably possible, the Employer will promptly remedy all hazards and unsafe conditions its investigation reveals.

Section 2. Union Commitment to Workplace Safety.

The Union recognizes and supports that all employees are responsible for adhering to the Employer's safety program and policies. This includes active participation by bargaining unit members in maintaining a safe workplace by performing their duties safely.

The Union agrees to encourage all bargaining unit members to identify and appropriately report any work place hazards to the attention of a member of Store Leadership (Store Manager, Assistant Store Manager, Operations Manager) or Work Safety Committee Chair.

ARTICLE 19 - HAZARDOUS CONDITIONS

Section 1. Declaration of Hazardous Conditions.

The Employer has the sole discretion to declare hazardous conditions, including inclement weather, when conditions are determined to be severe enough to make travel or work potentially unsafe without appropriate protective measures. Factors for such a declaration may include guidance from local, state, or national authorities, such as the National Weather Service, law enforcement, public schools, ODOT, or the CDC.

Section 2. Communication During Hazardous Conditions.

The Employer will notify employees of declared hazardous conditions through internal communication channels. Employees are responsible for checking the employee portal or contacting their store to confirm operational status or schedule changes.

Section 3. Reporting to Work.

Employees may choose to work at their home store or another union-represented store during hazardous conditions. Employees may contact the Union-represented store most convenient to reach if:

• They are unable to access their home store.

• Their home store has been closed due to hazardous conditions.

• They are not scheduled but wish to volunteer to work.

If work is available, the Store Manager, Assistant Store Manager or Operations Manager at the store may temporarily schedule the employee for available hours. Employees must accept the schedule provided and cannot determine their own schedule.

Section 4. No Attendance Violations. 

• Employees will not incur attendance violations during a declared hazardous conditions period.

• During partial hazardous conditions days, attendance violations will be waived only for the declared period.

Section 5. Early Closures and Shift Adjustments.

Shifts may be adjusted or canceled solely at the Employer’s discretion during hazardous conditions.

ARTICLE 20 - 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.

ARTICLE 21 - UNIFORMS 

Section 1. General Apparel.

All aprons and food service garments (e.g. coats, shirts) shall be furnished and kept in good repair by the Employer, and the Employer shall pay for the laundering and upkeep of same.

The Employer shall provide one (1) nametag to each employee.

Section 2. Specialized Apparel.

The Employer shall provide and keep in good repair the following specialized apparel for common use:

• Jackets and gloves for use by employees in coolers and freezers

• Rain apparel for use by employees working outside

Section 3. Apparel Use.

Employees shall use employer-furnished items without permanent alteration, with care, and only for the purpose for which they were intended. Employees will punch in ready to work and garbed in the standard required apparel, excluding any department specific apparel. Employees must remove their Employer-provided apparel on breaks, lunches, and when they punch out for the day.

ARTICLE 22 - STAFF DISCOUNT  

Section 1. Definition. 

Employees will receive a thirty percent (30%) discount on purchases of items in any New Seasons Market store with the following exceptions: 

• Staff discount does not apply to the purchase of: stamps, TriMet passes, gift cards, or alcohol that is on a percent off sale. 

• Staff discount does not apply in addition to case discounts, senior discount or military discount, though the staff member may choose to apply the staff discount instead. 

Section 2. Eligibility.

All employees are eligible for the staff discount upon hire.

Section 3. Discount Cards. 

Employees will receive a discount card within the first two (2) weeks of employment.

3.1 Replacement Cards.

Employees are eligible for one (1) free card replacement every twelve (12) months. Subsequent replacements within the same period will incur a five (5) dollar fee per card.

3.2 Family Card.

Employees may receive one (1) additional card for use by a family member living at the same residence. This card must be limited to a spouse, partner, or dependent child under nineteen (19), or up to twenty-three (23) if enrolled as a full-time student.

3.3 Lost or Stolen Cards.

In the event that a card is lost or stolen, employees must promptly notify store leadership.

Section 4. Misuse of Discount Privileges.

The staff discount is a benefit intended solely for personal use by the employee and their eligible family member as defined in Section 3.2. Misuse of discount privileges, including but not limited to sharing the discount with ineligible persons, using the discount for resale purposes, or any fraudulent activity, is strictly prohibited. Violation of this policy may result in disciplinary action, up to and including termination of employment.

ARTICLE 23 - BLUE SLIP  

Section 1. Definitions.

“Blue Slip" refers to products that are not eligible for sale due to a variety of reasons, including items that remain consumable but are no longer sellable, or items provided by vendors as samples. These products are made available to employees at no cost. 

Section 2. Requirements:

1. Items will be designated as Blue Slip by Department Managers, Assistant Department Managers or Store Leadership.

2. All approved Blue Slip items will be placed in a single designated area accessible to all employees. Only items in designated areas may be taken as Blue Slip.

3. To ensure equitable access for employees, employees may not give Blue Slip items directly to others or take items from Blue Slip for others. Blue Slip items are for personal use only. 

4. Employees may only collect and consume Blue Slip items during non-work time, such as breaks or off-duty hours, and may only collect items from their home store.

5. Employees must electronically scan out all Blue Slip items before consuming or taking.   

6. Employees may visit their home store on non-work days to collect Blue Slip items.

Section 3. Age-Restricted Items.

For items requiring age verification, such as CBD or alcohol, Department Manager or Store Leader approval is required. Age-restricted Blue Slip items will be stored in a separate location, where a Department Manager or Store Leader can verify age before the item is collected by the employee

Section 4. Discipline Related to Scanning.

Employees will not be disciplined for failing to scan Blue Slip items in cases where the scanner is unavailable, malfunctioning, or otherwise inaccessible. Employees will also not be disciplined solely for inadvertent errors in scanning, provided there is no evidence of intentional misconduct, repeated negligence, or violation of other policies.

ARTICLE 24 - TRIMET PASSES 

Section 1. Eligibility and Proof of Employment.

All employees are eligible to purchase TriMet transit passes at a fifty percent (50%) discount upon hire. Employees are required to present proof of employment with New Seasons Market.

Section 2. Guidelines and Usage.

The fifty percent (50%) TriMet pass discount is available at any New Seasons Market store. This discount is intended exclusively for personal use by eligible New Seasons Market employees.

ARTICLE 25 - 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 27, 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 26, 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 26, 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.

ARTICLE 26 - 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 25, 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.

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

   2. The open position, if at another location, is not a "this store only" position.

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

   4. 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.

1. 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.

2. 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.

ARTICLE 27 -  DISCIPLINE & DISCHARGE

Section 1. Just Cause.

Disciplinary action, including discharge, shall only be taken for just cause (excepting the provisions outlined in Section 3).

Section 2. Progressive Discipline.

The Employer's standard policy is to utilize a progressive discipline track. However, certain staff behaviors or actions may require starting the progressive discipline process at different stages.

The principles of progressive discipline shall be administered as follows:

• First Written Warning

• Second Written Warning

• Final Written Warning

• Discharge

Section 3. Immediate Discharge Grounds.

Certain conduct, depending on its severity, may result in immediate discharge, including but not limited to:

• Physical Altercations/Assault: Physical altercations in the workplace, including fights, acts of physical violence, dangerous horseplay, assault or unwanted physical contact.

• Possession of Weapons: Possession of weapons, including firearms, knives with blades longer than three (3) inches, explosives, or other weapons as defined by law. Staff may use knives as required for their job functions, such as cooking, meat-cutting, opening boxes, or sampling produce, but only in their intended use and in compliance with safety regulations.

• Harassment/Intimidation: Harassment (including sexual harassment) or intimidation.

• Theft: Theft encompasses the unlawful taking of property or assets from anyone, including the Employer, regardless of the value of the stolen items. This includes intentional time theft, which refers to falsely recording or manipulating work hours for personal gain or benefit.

• Willful Destruction of Property: Willful destruction of property includes any deliberate acts that result in the intentional damage, egregious or offensive defacement, or destruction of company-owned or controlled assets, facilities, or equipment.

• Being Under the Influence of Drugs or Alcohol: Being under the influence of drugs or alcohol refers to reporting to work or performing work-related duties while impaired by the consumption of alcohol or drugs (legal or illegal), which may compromise safety, productivity, or the ability to perform job functions.

• Fraudulent Activities: Engaging in fraudulent activities, such as embezzlement, falsification of records, including falsification of another’s time clock punches, or misappropriation of company funds.

• Gross Insubordination: Gross insubordination refers to the willful and deliberate refusal to comply with lawful and reasonable instructions or directives issued by the Employer.

• Dishonesty: Dishonesty encompasses any form of deception, untruthfulness, or falsehood, including lying, providing false information, or manipulating records, with the intent to deceive, mislead, or conceal facts.

• Falsification of Records: Falsification of records entails the deliberate alteration, fabrication, or manipulation of company records, documents, or data to create false or misleading information, irrespective of the purpose.

• Egregious Attendance-Related Issues:

  • Shift abandonment (leaving 15 or more minutes before the end of the shift without notifying their Department Manager, member of Store Leadership (Store Manager, Assistant Store Manager, Human Resources Business Partner) or acting Manager on Duty on two (2)or more occasions.

  • Job abandonment (missing two consecutive shifts without notifying a manager or providing a valid reason for their absence and lack of communication).

Section 4. Investigation and Discharge Process.

Before any employee faces immediate discharge, an investigation will be carried out, even in cases of serious violations. During this investigation, the company may place the employee on suspension. Suspension will be paid if the findings of the investigation do not result in termination.

Section 5. Privacy.

Before the Employer will be obligated to release confidential personnel records of any bargaining unit member, the Union will first obtain written authorization from the employee or the personally identifying information may be redacted by the Employer. The parties can seek the assistance of an arbitrator, should one be assigned through the grievance and arbitration procedure.

Section 6. Probationary Period.

There shall be a probationary period of ninety (90) calendar days from the date of hire. The Employer may extend the probationary period for the employee for a period not to exceed an additional ninety (90) calendar days. Extension of an employee's probationary period will be in writing, with a copy sent to the employee and the Union. During the probationary period, a new employee may be discharged for any reason. Employees in their probationary period may be disciplined or discharged without recourse to the grievance and arbitration procedures of the collective bargaining agreement.

ARTICLE 28 – GRIEVANCE AND ARBITRATION 

Section 1. Grievance Defined.

A grievance is defined as any and all disputes that emerge during the term of this Collective Bargaining Agreement relating to the scope, interpretation, or implementation of its provisions.

Section 2. Raising A Grievance.

The Union may raise a grievance formally or informally. It is not required for a grievance to be raised informally before it is filed formally. The Employer may not raise a grievance.

Section 3. Designated Representatives.

Designated Union Stewards or Union Agents (as defined in Article 05 – Rights of Union Stewards) shall file and respond to grievances on behalf of the Union or bargaining unit employees and must be present at every step of the formal grievance process as outlined in Section 6.

Section 4. Timelines.

Timelines defined in this article may be extended at any point by mutual written agreement. Failure to file or appeal a grievance within the time limits specified herein (or any extension mutually agreed to in writing in advance) will constitute a waiver of all right to relief. Such grievances shall be deemed withdrawn and shall not be further grievable. If at any step of the grievance procedure the Employer does not formally respond within the specified time limits, the grievance is immediately escalated to the next step.

Section 5. Informal Grievances.

Both parties shall encourage the informal resolution of grievances directly through discussion between employees and their Department Manager or Store Leadership. Grievances that are unable to be resolved in this manner shall proceed to the formal grievance process below, provided this is done within the established time limit.

Section 6. Formal Grievance Process.

Both parties may skip Step One and/or Step Two by mutual written agreement.

Step 1. Store Manager.

All formal grievances shall be submitted in writing electronically to the Store Manager or designee, within fourteen (14) calendar days for all grievances from the date on which the grievant(s) or Union was aware or should have been aware that the grievance existed. The grievance shall include the following information, to the extent it is known:

1. Time/date of alleged violation;

2. Store location of alleged violation, department(s) involved;

3. Name of the aggrieved party or parties;

4. Summary of the facts describing the alleged violation; including any named parties, and their job titles;

5. Specific provision of the Collective Bargaining Agreement alleged to have been violated;

6. Requested remedy and;

7. Name of the Union Steward/Union Agent representing the grievant

The grievance shall be discussed in person by the Store Manager or designee and designated Union Steward/Union Agent within seven (7) calendar days of its submission.

The Store Manager or designee shall issue a written response electronically within seven (7) calendar days following the meeting.

Step 2. Senior Labor Relations Manager or Designee.

If the grievance is not resolved at Step One, the Union may refer the grievance in writing electronically to the Senior Labor Relations Manager or designee within seven (7) calendar days of receiving the Employer’s Step One response.

The grievance shall be discussed in person by the Senior Labor Relations Manager or designee, designated Union Steward/Union Agent and other grievant(s) within seven (7) calendar days of its submission. The responding party shall issue a written response electronically within seven (7) calendar days following the meeting.

Step 3. Mediation.

If mutually agreed upon within seven (7) calendar days of the response given in Step Two, the parties may utilize mediation to try to resolve the grievance. The Union will initiate the mediation process within seven (7) calendar days after mutual agreement by contacting Federal Mediation and Conciliation Service (FMCS). If the grievance is unresolved through the mediation process, the Union may proceed to Step Four.

Step 4. Arbitration.

If the parties are not able to resolve the grievance in the prior steps, the Union may seek arbitration by notifying the Employer electronically (Senior Labor Relations Manager or designee) within fourteen (14) calendar days after the culmination of Step Two (or Step Three, if applicable). If the Union does not move the grievance to arbitration within fourteen (14) calendar days, the grievance will be deemed withdrawn.

Arbitrator Selection Process:

The arbitrator will be chosen from the FMCS. To initiate the selection, the Union must submit a written request to the FMCS, along with a copy to the Employer (Senior Labor Relations Manager or designee), within fourteen (14) calendar days after submitting the notice of intent to arbitrate. The written request to FMCS must include the request for a list of seven (7) arbitrators who charge from the Oregon border, located in the Pacific Northwest or with an office in the Pacific Northwest.

Within fourteen (14) calendar days after receipt of the list of seven (7) arbitrators, each party will take turns striking names from the list, starting with the party determined by a coin toss. The party who wins the coin toss will decide whether to strike first or second. The striking process will continue until only one name remains, and that individual will serve as the arbitrator.

Once the arbitrator is selected, the Union will notify the arbitrator and both parties will proceed to schedule a hearing with a mutually agreed upon date to address the dispute.

Arbitrator’s Jurisdiction.

The decision of the arbitrator shall be final and binding on both parties, and on all employees subject to this Agreement, but the arbitrator will confine the decision to the interpretation and application of the specific provisions of this Agreement which have been placed in issue by the parties, and will have no authority to enlarge, diminish, alter, amend or in any way modify the terms of this Agreement.

Cost of the Arbitration.

Each party will be responsible for covering its own costs and expenses in any arbitration proceeding. The losing party will bear the full cost of the arbitrator's fees and all additional fees associated with the arbitration process, such as cost of arbitration location, arbitrator out-of-pocket expenses, and/or per diem charges incurred by the arbitrator.

If a party requests an official record of the proceedings, that party will be responsible for paying the full cost of all reporting and transcript fees. However, if the other party also requests a copy of the record or the right to inspect or use it, then the total cost, including the expense of providing the arbitrator with the official record, will be divided equally between the parties.

ARTICLE 29 - STRIKES AND LOCKOUTS 

Section 1. Prohibited Activity.

During the term of this Agreement, or any extension of this Agreement, the Employer agrees that there will be no lockout of its employees and the Union agrees there will be no strike, picketing, hand billing, slowdown or stoppage of work (including sympathy strikes), or any other union-related activity meant to disrupt business.

Section 2. Discipline for Prohibited Activity.

During the term of this Agreement, any employee engaging in activity prohibited by Section 1 or who instigates or gives leadership to such activity, may be subject to discipline, up to and including discharge, provided the penalty given all employees in the same instance is consistent. In the event of discipline or discharge, the only matters which may be made the subject of a grievance are whether or not the employees actually engaged in such prohibited conduct and whether the penalty given to all employees in this instance was consistent.

Section 3. Wildcat Activity.

The Union agrees to notify all members and Union Agents of their obligation and responsibility for maintaining compliance with this Article, including their responsibility to abide by the provisions of this Article by remaining at work during any interruption as outlined above.

Should the Union or its Union Officer(s), Union Steward(s), Union Steward alternates, or Union Agents become aware of active engagement in a prohibited activity (set forth in Section 1), or plans to engage in the same, the Union shall immediately:

1. Inform participating union members that they are engaged in prohibited activity and instruct employees to return to work immediately and/or cease any and all other prohibited activity.

2. Advise the Employer in writing and post publicly on the Union’s primary public engagement platform that:

   1. The prohibited activity has not been called for, condoned, or sanctioned by the Union and,

   2. The Union strongly condemns the activity.

Section 4. Third Party Activity on Behalf of the Union.

In the event that a third party engages in any activity on behalf of the Union with the intent to disrupt the business, the Union will inform any involved third parties, in writing, that the Union strongly condemns any and all picketing, hand-billing or related activity that is conducted in the name of or on behalf of the Union. This notification must also be shared with the Employer.

Section 5. Remedial Relief and Hold Harmless.

Nothing contained in this Article, or any other section of this Agreement, shall be deemed to waive any right the Employer may have to seek any and all appropriate remedial and equitable relief afforded by law, and to seek such relief in a state or federal court of competent jurisdiction, if the Union fails to fulfill its obligations under this Article. If the obligations described herein are fulfilled, the Employer shall hold the Union harmless.

ARTICLE 30 - 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.

ARTICLE 31 - 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.

ARTICLE 32 - CONTRACT DURATION 

Section 1. Term of Agreement.

This agreement shall be effective as of December 16, 2025, and shall remain in full force and effect through December 4th, 2028. 

Section 2. Bargaining Period.

The parties agree to begin negotiations for a successor agreement at least one hundred and twenty (120) days prior to the expiration of this agreement.