The following definitions shall apply to this Chapter:
shall mean the City of Santa Monica.
shall mean any sale, assignment, transfer, contribution,
or other disposition of all or substantially all of the assets or
a controlling interest (including by consolidation, merger or reorganization)
of the incumbent grocery employer or any person who controls such
incumbent grocery employer (“IGE Parent”) or any grocery
establishment(s) under the operation or control of either such incumbent
grocery employer or IGE Parent.
shall mean any individual whose primary place of employment
is at the grocery establishment subject to a change in control, and
who has worked for the incumbent grocery employer for at least six
months prior to the execution of the transfer document. Eligible grocery
worker does not include a managerial, supervisory, or confidential
employee.
shall mean the date on which an eligible grocery worker retained
by the successor grocery employer pursuant to this Chapter commences
work for the successor grocery employer in exchange for benefits and
compensation under the terms and conditions established by the successor
grocery employer and as required by law.
shall mean a retail store in the City of Santa Monica that
is over fifteen thousand square feet in size and that sells primarily
household foodstuffs for off-site consumption, including the sale
of fresh produce, meats, poultry, fish, deli products, dairy products,
canned foods, dry foods, beverages, baked foods and/or prepared foods.
Other household supplies or other products shall be secondary to the
primary purpose of food sales.
shall mean the person that owns, controls, and/or operates
the grocery establishment prior to the change in control.
shall mean an individual, corporation, partnership, limited
partnership, limited liability partnership, limited liability company,
business trust, estate, trust, association, joint venture, agency,
instrumentality, or any other legal or commercial entity, whether
domestic or foreign.
shall mean the failure to hire, or the discharge, suspension,
demotion, penalization, or discrimination or any other adverse action
against an eligible grocery employee with respect to the terms and
conditions of the eligible grocery worker’s employment.
shall mean the person that owns, controls, and/or operates
the grocery establishment after the change in control.
shall mean the purchase agreement or other document(s) effecting
the change in control.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
(a)
The
incumbent grocery employer shall, within fifteen days after the execution
of the transfer document, provide to the successor grocery employer
the name, address, date of hire, and employment occupation classification
of each eligible grocery worker.
(b)
The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer as set forth in subsection (a) of this Section and shall be required to hire from that list for a period beginning upon the execution of the transfer document and continuing for ninety days after the grocery establishment is fully operational and open to the public under the successor grocery employer.
(c)
If
the successor grocery employer extends an offer of employment to an
eligible grocery worker, the successor grocery employer shall retain
written verification of that offer for no fewer than three years from
the date the offer was made. The verification shall include the name,
address, date of hire, and employment occupation classification of
each eligible grocery worker.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
(a)
A
successor grocery employer shall retain each eligible grocery worker
hired pursuant to this Chapter for no fewer than ninety days following
the eligible grocery worker’s employment commencement date.
During this ninety-day transition employment period, eligible grocery
workers shall be employed under the terms and conditions established
by the successor grocery employer, as required by law and pursuant
to the terms of a relevant collective bargaining agreement, if any.
(b)
If within the period established in Section 5.40.020 the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Non-classified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any.
(c)
During
the ninety-day transition employment period, the successor grocery
employer shall not discharge without cause an eligible grocery workers
retained pursuant to this Chapter.
(d)
At
the end of the ninety-day transition employment period, the successor
grocery employer shall perform a written performance evaluation for
each eligible grocery workers retained pursuant to this Chapter. If
the eligible grocery worker’s performance during the ninety-day
transition employment period is satisfactory, the successor grocery
employer shall consider offering the eligible grocery worker continued
employment under the terms and conditions established by the successor
grocery employer and as required by law. The successor grocery employer
shall retain a record of the written performance evaluation for a
period of no fewer than three years.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
(a)
The
incumbent grocery employer shall post public notice of the change
in control at the location of the affected grocery establishment within
five business days following the execution of the transfer document.
Notice shall remain posted during any closure of the grocery establishment
and until the grocery establishment is fully operational and open
to the public under the successor grocery employer.
(b)
Notice
shall include, but not be limited to, the name of the incumbent grocery
employer and its contact information, the name of the successor grocery
employer and its contract information, and the effective date of the
change in control.
(c)
Notice
shall be posted in a conspicuous place at the grocery establishment
so as to be readily viewed by eligible grocery workers and other employees,
customers, and members of the public.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
(a)
Eligible
grocery workers may bring an action in the Superior Court of the State
of California, as appropriate, against the incumbent grocery employer
or the successor grocery employer for violations of this Chapter and
may be awarded:
(1)
Hiring and reinstatement rights pursuant to this Chapter, whereupon
the ninety-day transition employment period shall not commence until
the eligible grocery worker’s employment commencement date with
the successor grocery employer.
(2)
Front pay or back pay for each day during which the violation continues,
which shall be calculated at a rate of compensation not less than
the higher of:
(A)
The average regular rate of pay received by the eligible grocery
worker during the last three years of the eligible grocery worker’s
employment in the same occupation classification; or
(B)
The most recent regular rate received by the eligible grocery worker
while employed by either the incumbent grocery employer or the successor
grocery employer.
(3)
Value of the benefits the eligible grocery worker would have received
under the successor grocery employer’s benefit plan.
(b)
If
the eligible grocery worker is the prevailing party in any legal action
taken pursuant to this Section, the court shall award reasonable attorneys’
fees and costs as part of the costs recoverable.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
Parties subject to this Chapter may, by collective bargaining
agreement, provide that the agreement supersedes the requirements
of this Chapter.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
This Chapter shall not be construed to limit an eligible grocery
worker’s right to bring legal action for wrongful termination.
(Added by Ord. No. 2188CCS §
1 (part), adopted 5/25/06)
