VIEWS: 24 PAGES: 11 POSTED ON: 5/12/2011
PREAMBLE Walmart seeks to enter Washington, DC to operate retail stores. The Living Wages, Healthy Communities Coalition consists of community stakeholders impacted by Walmart's proposed developments. As a condition for the Coalition’s support for Walmart’s entry in Washington, DC, Walmart must agree to enter with the Coalition into a Community Benefits Agreement that: (1) requires Walmart to provide the community benefits and impact mitigations detailed below; (2) creates an ongoing role for the community to oversee and assist in implementing these benefits and mitigations; (3) establishes an advisory committee that will assist implementing the Agreement and consists of representatives from community organizations, including the relevant Advisory Neighborhood Commissions; (3) protects employees from any retaliatory treatment from Walmart if such employees take any action to enforce the Agreement or allege that Walmart fails to comply with the Agreement; and (4) provides the community with the right to enforce the Agreement through binding arbitration, to enforce an arbitrator’s judgment in court, to seek equitable relief, and to recover attorney’s fees in any court action. RESPECT DC AGREEMENT Schedule of Community Benefits I. TRAFFIC AND TRANSPORTATION A. PARKING. Walmart will provide a between 1 and 2.5 parking spaces per 1000 square feet of building space per store location. Private vehicle parking for customers should be free or at a nominal cost of more than no more than $2 per hour. B. BICYCLE PARKING. Walmart will provide secure, accessible bicycle parking for workers and visitors consistent with the District of Columbia’s draft zoning regulations on bicycle parking. C. CAR SHARING & BIKE SHARING. Walmart will meet with representatives of local car sharing and bike sharing services in an effort to secure car sharing and bike sharing locations at each of its stores. D. TRAFFIC. Walmart will be responsible for any costs related to infrastructure improvements, such as medians, traffic signals, curb ramps, signage, deemed necessary by the government of the District of Columbia. a. Wal-Mart will commit to responsible traffic alleviation studies and measures that promote walkability and increase the quality of life for residents b. Walmart willll be responsible for pedestrian, bicycle and transit access improvements through measures appropriate to specific site needs including: contributing to the cost of relocating a bus stop, shelter, enhanced pedestrian crossing treatments, construction of missing sidewalks, multiuse paths or other non motorized travel facilities within 200 yards of the site. E. PUBLIC TRANSPORTATION. In an effort to reduce automobile traffic at its stores, Walmart will provide free shuttle service to the nearest Metro subway station on a regular 10-minute interval or fund existing bus service to extend to 10 minute intervals. Such service shall commence 10 minutes prior to store opening and end 10 minutes after store closing. F. TAXI AND COURTESY SERVICE. Walmart will allow for curbside taxi and courtesy service pick-up and drop off in front of stores. G. METRO SMART BENEFITS. Walmart will provide each employee of its District of Columbia stores with $50 per month in Metro Smart Benefits. II. PUBLIC SAFETY A. SECURITY. At each Walmart location Walmart will employ no less than two off-duty uniformed District of Columbia police officers from 30 minutes before store openings and until 30 minutes after store closing. B. HOURS OF OPERATION. Walmart will not have retail operating hours at any of its stores outside the hours of 6:00 a.m. and 10:59 p.m. C. FIREARMS AND AMMUNITION. Walmart will not sell firearms or ammunition at its District of Columbia stores. D. CAMERAS. Walmart will place monitored cameras near all parking lot entrances and exits to ensure that all visitors to the parking lot are captured. In addition cameras should be placed to ensure that every area of the parking lot can be seen. E. CALL BOXES. Walmart will provide adequate emergency call boxes in its parking facilities. III. ENVIRONMENTAL STANDARDS A. GREEN BUILDING PRINCIPLES. a. Wal-Mart will adhere to the District’s Green Building Act requirements that go into effect for private developments in 2012. b. To the extent practical and feasible, in accordance with local Building Codes, Walmart will incorporate Leadership in Energy and Environmental Design (LEED) building standards into the demolition, design, construction and operation of all of its stores in the District of Columbia. Walmart will abide by all applicable City regulations with respect to energy efficiency, sustainability and green building design. Walmart commits that all of its stores in the District of Columbia will be certified Platinum. B. CARBON OFFSETS. Walmart will purchase carbon offsets for all of its stores in the District of Columbia. C. TREE PLANTING. Walmart will provide annual funds to Casey Trees to assist in the improvement of the District of Columbia’s tree canopy. D. GREEN ROOF. Walmart will commit to green roofs for all stores and parking structures. E. GREENSPACE/PARKS. Walmart will provide funds annually to facilitate the creation and maintenance of greenspaces and parks in the District of Columbia. F. TRUCK IDLING. Walmart delivery trucks or other trucks servicing its stores will not idle in parking lots or loading docks. G. NOISE ABATEMENT. Walmart will investigate the appropriate noise abatement techniques and features and incorporate them into the construction and operation of its stores in the District of Columbia. H. STORMWATER RETENTION. Wal-Mart will match stormwater retention standards for Federal buildings in the District of Columbia, through use of green infrastructure techniques to help clean up area rivers and creeks. I. CLIMATE ACTION PLAN. Walmart will commit to working closely with the District Department of the Environment and the Sustainable Energy Utility to develop a climate action plan for District of Columbia stores that is worthy of our nation’s capital city and its communities IV. ARCHITECTURE. Walmart will abide by architectural standards developed in consultation with community stakeholders including but not limited to building in conformity with area historical preservation standards; building a building that creates a pedestrian-oriented environment with multiple entrances, transparent windows opening directly onto a wide sidewalk, and avoiding black walls; erecting noise barriers between its stores and nearby homes, funding the development of green spaces and parks near its District of Columbia stores. V. RESPONSIBLE CONTRACTOR POLICY A. PURPOSE. The Responsible Contractor Policy “RCP” is designed to guide Walmart’s selection of independent contractors who provide building operations services and construction services to Walmart stores in the District of Columbia. The RCP seeks to ensure that Walmart’s contractors will be selected based upon demonstrated ability to provide high quality services as evidenced by their record of compliance with applicable statutes and payment of fair compensation and benefits to employees, as well as by their experience, reputation, responsiveness, fees, and dependability. B. DEFINITION OF RESPONSIBLE CONTRACTOR. A Responsible Contractor is a contractor who: (1) has the appropriate experience, reputation, employee relations, responsiveness, fees, and dependability to perform the required work; and (2) provides workers a fair compensation and fair benefits C. UNION CONSTRUCTION AND MAINTENANCE. Wal-Mart stores within the District of Columbia will be constructed and maintained pursuant to a Project Labor Agreement negotiated between Walmart and organizations in the Building Trades Council. D. USE OF CERTIFIED BUSINESS ENTERPRISES. In selecting contractors, Walmart will give a preference to firms that are Certified Business Enterprises under the Department of Small and Local Business Development, with the goal of 50% of contracts citywide going to CBE firms. E. NEUTRALITY. When there is a legitimate attempt under the National Labor Relations Act by a labor organization to organize workers employed in construction, maintenance, operation, or services at a Walmart store in the District of Columbia, Walmart will take a position of neutrality. VI. EMPLOYMENT STANDARDS FOR WALMART EMPLOYEES A. FULL TIME POSITIONS. Walmart will guarantee full time hours for at least 65% of the employees at each of its District of Columbia stores. Full time is defined as 40 hours per week. B. ADVANCE NOTICE OF SCHEDULES. Walmart will establish work schedules no less than 3 days prior to the required attendance of its employees. C. REPORTING REQUIREMENTS. Walmart will provide the Coalition with an annual report detailing all hours worked by employees employed during the preceding year or partial year. D. VOICE ON THE JOB. Walmart will abide by a Labor Relations Conduct Agreement with regard to its employees’ freedom to choose a voice on the job without interference from their employer. VII. LIVING WAGE A. LIVING WAGE. Walmart will not pay any wage below the living wage rate as defined by the District of Columbia Living Wage Act of 2006 or any successor law. B. REPORTING REQUIREMENTS. Walmart will provide the coalition with an annual report detailing the hourly rates of pay for all employees. C. ENFORCEMENT. Walmart agrees that an employee claiming violation of this sections B shall have the right to file an action against Walmart in an appropriate court within one year after discovery of the alleged violation. VIII. WORKFORCE DEVELOPMENT JOB TRAINING A. PURPOSE. The purpose of this Section is to facilitate the customized training of targeted job applicants for Walmart’s District of Columbia stores. Targeted Job Applicants include, among others, individuals whose residence is in the affected Ward of the District of Columbia, ex-offenders residing in the District of Columbia, disabled D.C. residents, homeless D.C. residents, and veterans of the U.S. armed forces, and other “hard-to-employ” populations residing in D.C. B. JOB TRAINING PROGRAM. Walmart will provide annual funding for job and work skills training for District of Columbia residents for jobs at Walmart. C. CAREER ADVANCEMENT. Walmart will establish and publicize career paths available to Walmart employees within the company. Walmart will make available for these career paths requisite skills for the positions, sources of relevant employment training within or outside the company and information on wages and benefits. D. REHABILITATED EX-OFFENDER JOB TRAINING. Walmart will provide annual funding for a job training and preparation program targeted at rehabilitated individuals who have completed all sentencing requirements associated with the previous commission of crimes and who are meeting all applicable conditions of probation or parole. LOCAL HIRING A. PURPOSE. The purpose of this section is to facilitate the employment of targeted job applicants by Walmart. It is a goal of this Local Hiring Policy that the system contemplated herein will benefit Walmart by providing a pool of qualified job applicants whose job training has been specifically tailored to the needs of Walmart. B. REFERRALS. Walmart will notify the job training programs selected under the Job Training Section of this Agreement of vacancies. Walmart will give preference in hiring to all qualified applicants from such job training programs. C. GOAL. As a result of the job training initiatives and other hiring efforts 40% of Walmart employees at each store shall come from the affected Ward. Overall 75% of the employees at each store should be District of Columbia residents. Walmart shall strive to seek a diverse workforce that represents the age, gender and racial makeup of the affected community and shall take steps to ensure that all employees have access to the range of jobs available in the company. D. CRIMINAL RECORD POLICY. Walmart will not inquire directly of the applicant in an application, interview or otherwise or indirectly, including though a government agency, consumer reporting agency, criminal record reporting company, or similar company about an arrest, or arrests of a person or take an adverse action against a person because of an arrest or arrests of the person. Walmart may only inquire into and take consideration of convictions in accordance laid out in the Background Check Policy (Attachment A). IX. SUPPORT FOR IMPACTED BUSINESS A. PURPOSE. The purpose of this section is to mitigate the impacts of the opening of a Walmart store on surrounding businesses. B. SMALL BUSINESS REVITALIZATION FUND. Walmart will provide annual funds for assistance to small businesses. C. FAÇADE IMPROVEMENTS. Walmart will provide annual funds for façade improvements of locally based businesses. D. SMALL BUSINESS OPPORTUNITIES. Walmart will provide space at each store for a display of locally-produced products and give store managers discretion to identify and stock these local products. Walmart will provide a weekly opportunity for local businesses to sample their products or services inside the store. E. COMMERCIAL STORE FRONTS. 1) Walmart will create commercial store fronts at each store with operable door entrances at least every 60 feet on the main street frontage. 2) Walmart will complete mechanical build-out for these spaces and lease them to local small businesses at cost for no less than 7 year leases. X. COMMUNITY SUPPORT A. PURPOSE. The purpose of this section is to memorialize Walmart’s ongoing support of the surrounding communities. B. COMMUNITY MEETING ROOM. Each Walmart store will set aside 200 square feet of space for the creation of a community meeting room. This room is to be made available at no cost to community organizations. Walmart will supply each community room with working computers with internet access available for use at no cost to customers, employees, and the community. C. COMMUNITY NEEDS ASSESSMENT. Walmart will pay for a needs assessment for each neighborhood with a Walmart store. D. FUNDING. Each Walmart store will provide annual funds to address the needs identified in the needs assessment. E. NEIGHBORHOOD INTERNET ACCESS. Walmart will install free wireless internet throughout every Ward where a store is located. Walmart will offer free advertising on the homepage of the free wireless internet to locally based businesses. XI. COMMUNITY BENEFITS RIDERS. Residents and community stakeholders in each Ward will develop Ward specific Community Benefits Riders to be included in this citywide Agreement with Walmart to address concerns and guarantees that are site specific. XII. NEIGHBORHOOD ADVISORY GROUPS A. PURPOSE. To address concerns and facilitate an ongoing dialogue between Walmart and the community, the Coalition and Walmart shall establish for each store in the District of Columbia a Neighborhood Advisory Group. B. MEMBERSHIP. Each Neighborhood Advisory Group will consist of not less than 9 members. Members must be residents living within 1 mile of the store, or represent small business, church, or non-profit groups operating within 1 mile of the store. The Advisory Group should reflect the demographic diversity of the community and engage business, church, and community institution stakeholders. C. PURVIEW. Each Walmart store will seek the input of the Neighborhood Advisory Group on the following issues: 1. Traffic management, pedestrian safety, public transit access, and provision of shuttle service. 2. Public safety 3. Community needs assessment and funding. XIII. CITYWIDE ADVISORY COMMITTEE A. PURPOSE. To assist with implementation of this Community Benefits Program, the Coalition and the Walmart will establish a working group of representatives of the Coalition and the Walmart, known as the Advisory Committee. B. COMMITTEE COMPOSITION. The Advisory Committee will include the following seats: --2 representatives of small businesses or organizations representing the interests of small businesses. -2 representatives of workforce development organizations. -2 representatives of labor and worker’s rights organizations. -2 representatives of environmental organizations. -1 representative of an organization representing concerns of returning citizens. -1 representative of a women’s organization. -1 representative from each Neighborhood Advisory Group. ATTACHMENT A EMPLOYEE BACKGROUND CHECK POLICY Walmart will not inquire directly of the applicant in the of an application, interview or otherwise, or indirectly, including through a government agency, consumer reporting agency, criminal record reporting company, or similar company or agency about an arrest, or arrests of a person or take an adverse action against a person because of an arrest or arrests of the person. Walmart may only inquire into consideration of convictions in accordance with certain criteria: Walmart may inquire into and consider prior conviction(s) of a prospective employee after extending an offer of employment, promotion, or change in terms, conditions, or privileges to the prospective or current employee conditions upon a review of that person's conviction(s). The offer of employment, promotion, or charge in terms, conditions, or privileges may be withdrawn only if the prospective employee or current employee has a conviction(s) that bears a rational relationship to the person's fitness to perform the duties and responsibilities of the offered position, promotion, or change in terms, conditions, or privileges. Current employment may only be terminated or subject to any detrimental change of terms based on a conviction that occurred prior to the employee's hiring if the conviction(s) both bears a rational relationship to the person's fitness to perform the duties and responsibilities of the position as determined pursuant to Section 6 of the DC Human Rights Act of 1977, and such conviction(s) was not (or could not have been known if an inquiry had been made) at the time of hiring. Rational Relationship Definition: In determining whether a rational relationship exists between the conviction(s) and the employment position or real estate transaction, the following factors shall be considered by the entity that has made an offer pursuant to this part: (1) The specific duties and responsibilities necessarily related to the employment sought and the bearing, if any, that (2) The time which has elapsed since the conviction or the end of any term of imprisonment (3) the age of the person at the time of the occurrence of the criminal conduct that resulted in conviction (4) Any information produced by the person, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct since the occurrence of the conduct that resulted in the conviction; and (5) The reasonable belief that the person would pose an unreasonable risk to the safety or welfare of the customers, employees, consumers, or others associated with the workplace. Walmart would not be required to employ a person whose employment would constitute a direct threat to the health or safety of other individuals or whose employment would result in substantial physical damage to the property of others. If Walmart denies a person employment, or promotion, or changes terms, conditions, or privileges of employment, or terminates employment, Walmart shall provide within 10 business days notification of the denial, a written statement setting forth the reason for the denial with specificity as to the rational relationship between the conviction and the employment. Nothing in this policy shall interfere with or otherwise affect the rights and responsibilities of Walmart with respect to actions taken based on arrests or convictions that occur after hiring.