Dear Local 3 RWDSU-UFCW Members,
A letter of understanding was negotiated between Bloomingdale's/Macy's Inc. and RWDSU Local 3 United Storeworkers. Every effort was made to make reopening the store as safe and as secure as possible.
As always, our primary concern is our membership.
Letter of Understanding between Local 3 RWDSU United Storeworkers and Bloomingdale's
Following the closure of all locations as a result of the COVID-19 situation, Bloomingdale's will be implementing the following reopening guidelines for the 59th Street location. With the reduced number of colleagues and reduced operating hours all colleagues will need to continue to elevate their global mindset and be prepared to assist customers as needed. A tentative reopening date for 59th Street has been set for, on or about June 22nd, 2020; reopening dates will be determined based on state/local government guidance and the Union will be notified at least 10 days in advance of opening or as soon as reasonably practicable if the date changes.
Upon reopening, Bloomingdale's will implement a series of safety measures to ensure the safety of both colleagues and customers. These measures will include, but not limited to:
- Four (4) reusable facial masks will be distributed monthly; masks are required to be worn at all times until further notice. The expectation is that the colleagues are responsible to care for the company issued masks. In the event the mask gets damaged during the colleagues working shift, the colleague will be able to exchange the damaged mask for a replacement.
Distribution of gloves for select colleagues based on the nature of work (i.e. colleagues who are processing multiple goods or interaction with customers at high-traffic registers.)
Increased and expanded cleaning protocols will be the responsibility of all colleagues to some extent. All colleagues will be required to frequently wipe down and sanitize any equipment that the colleague is being required to use, at the beginning of the shift and throughout the day. Sanitation materials that will be placed at active wrap stands and active customer interaction areas (ex. Fitting rooms), as well as at building entrance, lounge, breakroom, or display area for colleague and/or customer use.
Before and after handling the phone for Bloomingdale's Credit Services, colleagues should wipe down the phone with the appropriate disinfectant materials and upon return of the phone the colleague should wipe the phone down before placing on the receiver.
Installations of plexi-glass sneeze guards at active cash registers / wrap stations and gift wrap.
Social distancing indicators will be added throughout the building as part of store signage.
Aligned to our current company practice, colleagues can excuse themselves to leave the floor and wash their hands at any time for a reasonable amount of time; the colleague should notify their People Leader in advance to ensure there is adequate coverage to support customer needs.
Housekeeping and store leadership teams will ensure all cleaning products and sanitizer are replenished through-out the day. Housekeeping will provide increased daily front and back of house cleaning operations which include disinfecting.
The Company will provide the colleagues with the safety protocols via My Insite prior to returning to their respective store with People Leader reinforcement, signage posted at all colleague and customer entrances outlining the established safety protocols and practices as per the CDC and local government.
Our in house Plumbers/Steamfitters will continue to perform necessary maintenance to HVAC systems inclusive of review and changing of filters as needed.
Bloomingdale's will comply with New York City and New York State government guidance regarding customers wearing masks when visiting the store. The Company will have visual signage and placard that encourages personal protection equipment (PPE). Bloomingdale's will comply with all additional government and CDC guidelines as required. This policy requiring masks will be jointly reviewed by the Company and the Union on an ongoing basis to determine the need for the length of such policy however the final decision rests with the company. The Company will interpret executive order 202.17 as requiring customers to wear face masks while within the store.
- In the event a colleague is uncomfortable with servicing a customer who is not wearing a mask, as per our established practice, the colleague should discretely contact the appropriate people leader for customer assistance. When done respectfully, such colleague will not be disciplined for contacting the appropriate People Leader to service the customer.
Colleagues must complete wellness checks before each shift.
When colleagues arrive to work, a wellness check will be conducted and recorded.
Temperature checks will occur in store and office clerical location(s) at the start of the colleagues shift while on the clock. If the colleague's temperature is 100.4°F or higher or if the colleague is experiencing flu-like symptoms or otherwise feeling unwell, the Colleague will not be allowed to work, and will be sent home. The colleague's attendance record shall not be adversely affected.
TIA: Colleagues will need to plan accordingly to ensure they are in their assigned departments at the start of their shift. Initially colleagues may have to make adjustments to their travel, personal commitments, etc. Therefore, in the event, a colleague is subject to discipline up to termination for tardiness, the Company will evaluate the colleagues attendance record and not factor in such colleague's first week or five shifts during the period of this agreement. The normal grace period shall continue to apply.
The questionnaire portion of the wellness check will be completed while the colleague is "on the clock".
The designated People Leader/AP Professional will ask a series of questions to ensure the safety of everyone in the store. The responses to these series of questions are personal and will not be recorded.
- Did you take your temperature before you left for work today?
- Was your temperature below 100.4°F/38°C?
- Are you free from all of the following symptoms: new or worsening cough, shortness of breath, sore throat, new loss of taste or smell, chills, muscle pain, headache, or runny nose?
- Can you confirm that you have NOT had close and prolonged contact with a person who was lab-confirmed to have COVID-19 to your best knowledge? (The CDC defines close contact as being within 6 feet of someone with a confirmed case of COVID-19 for a prolonged period of time, 10 minutes or more, within the last 14 days.)
- Temperature checks will occur in store and office clerical location(s) at the start of the colleagues shift while on the clock. If the colleague's temperature is 100.4°F or higher or if the colleague is experiencing flu-like symptoms or otherwise feeling unwell, the Colleague will not be allowed to work, and will be sent home. The colleague's attendance record shall not be adversely affected.
If the colleague answers "yes' to all four questions, they should immediately wash or sanitize their hands, ensure they have a face mask on, and proceed to their work area. Since temperature checks are being conducted in the store, if the colleague answers "no" to any one of the last two questions they should be sent home and should be paid for the time it took to conduct the wellness check. If a colleague is sent home due to the outcome of the wellness check, the colleague's attendance will not be adversely affected. (If the first test shows a temperature then a second test will be conducted with a different device). If there are conflicting results a third reading will be taken.
- Bloomingdale's has implemented a COVID-19 Emergency Leave and Pay policy for non-furloughed colleagues. If a colleague has been diagnosed with COVID-19 or is required to quarantine by their healthcare professional, a governmental agency, or Bloomingdale's, he/she will be eligible for up to two week's pay at the colleague's PTO/vacation rate of pay.
Other Safety Measures
Bloomingdale's will provide face masks for each colleague on duty. Colleagues will be provided four (4) cloth (reusable) face masks upon their return. As noted above, in the event the colleague's mask gets damaged during the colleague's working shift, the colleague will be able to exchange the damaged mask for a replacement. The masks will meet the CDC guidelines and will be worn at all times while at work. The colleague is expected to retain, clean and reuse the masks for one month (1 mask per week). At the beginning of the following month, the colleague will receive a new set of masks. This process will continue until further notice. The Company will advise the Union prior to implementing the change.
- In order to practice social distancing and keep colleagues safer, the Company plans to temporarily suspend alterations, dress shirt, bra and personalized shoe fittings.
HOURS OF OPERATION
Upon initial reopening, Bloomingdale's intends to operate the 59th Street store from Sunday through Saturday from 11am - 7pm; operating hours will continue to be evaluated. Based on the reduced operating hours, colleagues will be scheduled per the following:
Full Time Colleagues will receive a minimum of 32 hours per week.
Part Time Colleagues will receive a minimum of 15 hours per week.
Evening/Weekend Colleagues will receive a minimum of 12 hours per week.
- Option 5 Colleagues will receive a minimum of 6 hours per week
- Full Time Colleagues will receive a minimum of 32 hours per week.
COLLEAGUES WHO ARE RECALLED
Per Article X Seniority will be used in determining the order in which colleagues are recalled. Per the contracts, Colleagues must report back to work after being recalled. Once a colleague is recalled from furlough, Bloomingdale's expects the colleague to return to work. However, it is understood that colleagues may have certain personal challenges as a result of COVID-19 and may not be immediately ready to return to work. These reasons include, but not limited to:
No access to childcare
- Fear of re-entering the workplace due to potential COVID-19 exposure
Contingent upon the agreement regarding scheduled hours above, Bloomingdale's will offer the following to colleagues who may not be immediately ready to return to work:
One-Time Pass — If a colleague is unable/unwilling to return to work when the store opens to the public and would like to be "passed" over, Bloomingdale's will allow a one-time pass for the first request for a colleague to return to work. Only one "pass" will be allowed. The colleague will be moved to the bottom of the one-time COVID 19 recall seniority list. The colleague will remain on furlough until their name/number comes up again. Colleagues will not be allowed to select their own start date. Once the colleague is up for recall the second time, the colleague will be expected to return to work, subject to Article X If the colleague does not return following the second recall, then Bloomingdale's will deem the colleague as having resigned their position.
In the event there is a decision to take lay-offs, during or post this agreement time frame, the contractual provisions regarding seniority will supersede this agreement. Therefore the call back provisions as outlined in the sections within Article X will be adhered to unless otherwise specifically agreed to.
Personal Leave of Absence — If a colleague is unable/unwilling to return due to a personal reason, the colleague will be offered a personal leave of absence. The colleague will be returned to active status and will be granted a personal leave of absence for up to two weeks to help them transition back to work. The two week period will begin as of the date the colleague was supposed to report to work. Following the leave period, the colleague will be expected to return to work. If the colleague does not return following the up to two week personal leave of absence, then Bloomingdale's will deem the colleague as having resigned their position.
- Medical Leave of Absence — If a colleague is unable/unwilling to return due to a medical reason, the colleague may apply for a medical leave of absence. If approved (with the appropriate physician's certification), the colleague will be returned to active status and will be granted a medical leave of absence for the time frame noted by the physician's certification. Following the expiration of the medical leave, the colleague will be expected to return to work. If the colleague does not return following the medical leave of absence, then Bloomingdale's will deem the colleague as having resigned their position
However, it is further understood that colleagues in Luxury Lease (concession) and Specialized Businesses demonstrate and possess strong relationship selling skills that supports selling high-level luxury priced items, expansive product knowledge and enhanced technical skills needed to engage this elite clientele. Therefore the colleagues in the following departments will be recalled in seniority order within such department(s) for purposes of this agreement. These colleagues will assist in reaching out to their respective clientele to drive in the initial customer traffic:
Luxury Lease (Consession)
|Chanel||St. Laurent||Sergio Rossi|
|Louis Vuitton||Herve Leger||Max Mara|
|Stylist||Men's Designer Suits|
|Women's Salon/Desgn. Shoes||Fine Jewelry|
|Desgnr. RTW/YES Advanced||Luxury Tabletop|
|Men's Designer Shoes||Rugs|
Colleagues who are recalled/removed from furlough, whether they will be working or on Leave of Absence, will be considered active/off furlough and will resume paying the colleague portion of benefit premiums once recalled. For the colleagues who are on Leave of Absence, information will be mailed to them regarding their premiums.
Colleagues who are not recalled or remain on furlough will continue to receive health benefit coverage if they participate in the Bloomingdale's/Macy's Inc. medical plan. Bloomingdale's will continue to cover 100% of the premium costs through June; or until the colleague is recalled to work, whichever happens earlier.
Colleagues impacted by the furlough and/or who return to work with reduced schedule hours. Medical Benefits eligibility requirements (30 hours minimum work) and PTO eligibility requirements (15 hours minimum work) will be reviewed to support continued eligibility for colleagues impacted by the reduction in hours for the time period of reduced hours after the stores reopen.
- The Company will not contest application for unemployment insurance benefits for those colleagues who remain on furlough. Colleagues who return to work and/or request a Leave of Absence the company will respond that work was offered to the colleague thus the decision to award unemployment benefits is at the sole discretion of the state.
TRANSITION PAY PACKAGE
Contingent upon acceptance of this overall agreement, the Company is willing to offer 50 colleagues who do not wish to return to employment and meet eligibility the following Transition Pay Package:
Eligibility: Any employee with a minimum age of 55 years and who has completed at least 15 years of service as of the last day of the election window; and
Offer: Severance as outlined in Article 12.8; Regular full time and part time colleagues will receive one (1) week of pay at straight time base hourly wage rate or (in the case of straight commission employees and salary plus 1/2% commission 'employees) vacation rate, whichever is applicable, for every completed year of service as of the last day of the election window; and will be entitled to all current earned PTO, which includes 2017 earned PTO, if applicable.
Max: 26 weeks
- Max: 26 weeks
June 1, 2020 through June 27, 2020.
- June 1, 2020 through June 27, 2020.
June 30, 2020
- June 30, 2020
The Company and the Union will have a sidebar discussion regarding the process.
- The Company reserves the right to increase the number of Transition Packages
- Eligibility: Any employee with a minimum age of 55 years and who has completed at least 15 years of service as of the last day of the election window; and
For draw versus commission colleagues, any deficit accrued after 2/29/2020 will be wiped for the duration of the agreement.
- The Company iwll allow collegues who return to work, but on a leave of absence (personal leave of absence or medical leave of absence) to use any accrued but unused Paid Time Off.
All parties agree to the aforementioned as a total package. This agreement shall be non-precedent setting, and shall not alter any term or condition of employment under the collective bargaining agreements, and shall terminate at the end of business day on August 1st, 2020 unless an extension is agreed upon by both parties. The Luxury Lease/Specialized Business recall language shall extend through January 2021 unless both parties agree to alter such date.