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Click here or scroll down to respond to this candidateOctober 10, 2023Candidate's Name
Street Address arbutus stRochester, NY Street Address
Dear charles:I am pleased to extend you a conditional offer of employment with ABM as a ABM. Your expected start date with ABM is October Street Address , 2023. In this position, you will report directly to Kisha Parker.Your work location will be 1200 BROOKS AVE, Rochester, NY, 14624, UNITED STATES. This offer, and your expected start date, is dependent upon your successful completion of a criminal background check and/or MVR check {drug screen} by ABM and/or its client (if applicable) and being able to provide documents to show that you are currently authorized to work for ABM in the United States.Your starting rate of pay will be $15.00 per hour which will be paid Weekly, subject to applicable withholdings. Your position is classified as Non-Exempt, which means that you are eligible for overtime pay for the overtime hours you work. We are including two important documents with this offer letter, and we are also providing you electronic access to the ABM National Team Member Handbook and the State Supplement that applies to the state where you will work.The first document we are including with this offer letter is a Mutual Arbitration Agreement between ABM and you. Please contact your recruiter if you have any questions about it. By electronically signing this offer letter, you are agreeing that you have read and understand ABM's Mutual Arbitration Agreement and that you agree to be bound by it. The second document we are including with this offer letter is ABM's Code of Business Conduct which all team members at ABM must follow. By electronically signing this offer letter, you are agreeing that you have read and understand ABM's Code of Business Conduct and you agree to comply with this code throughout your employment with ABM. If you feel you will not be able to comply with ABM's Code of Business Conduct, please contact your recruiter to discuss your concerns about it.ABM provides access to the ABM National Team Member Handbook and the State Supplements on its website. You can view the ABM National Team Member Handbook and the State Supplement applicable to your work state by visiting https://www.abm.com/team- members/. Click on "Team Member Handbook & Workplace Posters" and use the code: 7777777. By electronically signing this offer letter, you agree that you have received ABM's National Team Member Handbook and the State Supplement for the state where you work. If you agree with this offer letter and the Mutual Arbitration Agreement and Code of Business Conduct that are included with this offer letter, please electronically sign this offer. Mutual Arbitration AgreementABM Industries Incorporated and its subsidiary companies (collectively, the "Company") and I desire to resolve fairly and quickly, all disputes between us as set forth below, including but not limited to those arising from and/or relating in any way to any aspect of my hiring, my employment, my compensation, and/or the end of my employment, with the Company. In consideration of the binding mutual agreement of the parties to arbitrate claims between us, the agreement by the Company to pay the "AAA Filing Fee" (as that term is defined in Paragraph C, below), and the other mutual promises and agreements set forth herein, the Company and I agree as follows:A. Final and binding arbitration before a single, neutral arbitrator, instead of a judge and jury in court, shall be the exclusive remedy for any "Covered Claim". A "Covered Claim" is, to the maximum extent permissible pursuant to federal law, any claim that the Company has against me or that I have against the Company, its past, present, and future parent(s), subsidiaries, affiliates, and/or their respective past, present, and future officers, directors and/or employees, including but not limited to claims arising and/or relating in any way to my hiring, my employment or association with, my compensation, and/or the end of my employment with, the Company. This Agreement applies to successor entities without the need for a formal assignment by the Company. This Agreement includes any Covered Claim brought against a third-party, including but not limited to any client(s) and/or vendor(s) of the Company, and this provision can be enforced by any such third-party through a motion to compel arbitration, to the extent necessary. Covered Claims include, but are not limited to, any claim for breach of contract, for any provision of federal or state labor code or a Wage Order, for unpaid fees, expenses, wages, or overtime, for unpaid compensation or penalties for missed meal or rest breaks, for wrongful termination, for unfair competition, for discrimination, harassment, or unlawful retaliation, for violation of the Uniformed Services Employment and Reemployment Rights Act, for violation of the Fair Labor Standards Act, or any federal, state, or local laws to the full extent permitted by applicable federal law after the application of Federal Arbitration Act ("FAA") preemption principles. Covered Claims do not include claims for workers' compensation(except in Puerto Rico, this exclusion from Covered Claims does not include claims for violation of employment reserve or claims for non- reinstatement, which are covered by this Agreement), unemployment compensation benefits, disputes covered by a Collective Bargaining Agreement, claims for unfair labor practices covered by the National Labor Relations Act, claims for employee benefits covered by the Employee Retirement Income Securities Act ("ERISA Plan"), or claims that are not arbitrable, after application of FAA preemption principles, as a matter of federal law, but only to the extent federal law prohibits enforcement of the Agreement with respect to such claims. Covered Claims also do not include any claims that are currently pending in litigation. For purposes of this Agreement only,"currently pending in litigation" means that a lawsuit has been filed against and served upon the Company by me, I have filed a Consent to Opt-In to a lawsuit, or I am a member of a class that has been certified.B. As to any Covered Claim, each party waives to the maximum extent permitted by federal law, the right to jury trial and to bench trial, and the right to bring, maintain, or participate in any class, collective, or representative proceeding, including but not limited to under California's Private Attorneys General Act of 2004("PAGA") or any other applicable similar laws, whether in arbitration or otherwise, to the full extent permitted by applicable federal law after the application of FAA preemption principles. To the extent federal law, after the application of FAA preemption principles, prohibits enforcement of the representative action waiver with respect to representative claims under PAGA, California Labor Code2698, and representative claims for public injunctive relief under California Business and Professions Code 17203, such claims are not covered by this Agreement. Further, Covered Claims must be brought in the individual capacity of the party asserting the claim, and cannot be maintained on a class, collective, or representative basis, to the full extent permitted by applicable federal law after the application of federal preemption principles. The arbitrator does not have the authority to consider, certify, or hear an arbitration as a class action, collective action, or any other type of representative action.C. Arbitration will occur in the county in the United States in which I reside at the time the claim is filed by any of the parties to this Agreement. Arbitration will be conducted pursuant to the AAA Employment Arbitration Rules and Mediation Procedures (the "AAA Rules"), except as expressly set forth herein or where such rules are not in compliance with applicable state or federal law. A copy of the AAA Rules is available for review through the Company by submitting a request to the Legal Department, by contacting AAA at telephone number 888-774-6904, or at AAA's website at www.adr. org/Rules. I will not be required to pay anything to AAA as costs for the arbitration process, and the Company will pay all fees and costs of AAA and the arbitrator. The Company further agrees that it will pay the initial filing fee associated with filing the demand for arbitration by me (the "AAA Filing Fee"). The parties shall pay their own attorneys' fees and litigation costs associated with the arbitration, except as otherwise awarded by the arbitrator. The parties agree that the arbitrator must be either a former judge or a currently-licensed attorney. To the extent that a dispute arises regarding the arbitrability of claims, jurisdiction for determining the arbitrability of claims shall lie exclusively with the Court, and not with the arbitrator, notwithstanding anything to the contrary in the AAA Rules. The arbitrator shall apply the substantive law (and the laws of remedies, if applicable) of the state in which the Covered Claims arose, or federal law, or both, as applicable to the Covered Claims. Each party shall have the right to conduct discovery adequate to fully and fairly present the claims and defenses consistent with the streamlined nature of arbitration, subject to rulings of the arbitrator. The arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The arbitrator can order the same individual remedies that a judge could in a court of law, including injunctive relief and attorneys' fees to the extent permitted by law, and has the authority to consider motions to dismiss and motions for summary judgment/summary adjudication. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the arbitrator shall have the authority to decide the dispute based upon the evidence presented. If the parties cannot agree on an arbitrator, the AAA Rules for selection of an arbitrator will govern selection. The arbitrator shall issue a written decision, which shall: (i) state the reasons to support the decision; and (ii) be based on governing law and evidence cited. The parties agree that any arbitration award shall have no preclusive effect as to issues or claims in any other dispute or arbitration proceeding and that arbitrators are barred from giving prior arbitration awards precedential effect. D. This Agreement is governed by and enforceableunder the FAA, the Agreement shall be interpreted under the FAA, and both the Company and I agree that the Company is engaged in interstate commerce. This Agreement can be modified only by a writing both parties sign, stating the intent to revoke or modify this Agreement.E. Nothing in this Agreement precludes me from filing a charge or from participating in an administrative investigation of a charge before an appropriate government commission, body, or agency, be it federal, state or local. Similarly, this Agreement does not preclude the parties from conciliating any charge pending before an appropriate government commission, body or agency. F. This is the complete agreement of the parties on the subject of arbitration of claims or disputes, except for any arbitration agreement in connection with an ERISA Plan. No party is relying on any representations, oral or written, on the subject of the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Agreement. If any provision of this Agreement is adjudged to be void or otherwise unenforceable by a court of competent jurisdiction, in whole or in part, the parties agree that such provision may be severed, and such adjudication shall not affect the validity of the remainder of the Agreement. Notwithstanding the foregoing, if a court of competent jurisdiction holds or rules that the provision concerning the waiver of a representative and/or collective action is not enforceable as to one or more claims, only claims that the court finds can be arbitrated on an individual basis shall be arbitrable under this agreement and any remaining Covered Claims must be pursued in court. This Agreement is not, and shall not be construed to create, a contract of employment, express or implied, nor does this Agreement in any way alter any applicable"employment at-will" status.THIS MUTUAL ARBITRATION AGREEMENT, WHICH I HAVE REVIEWED IN FULL ABOVE, IS A BINDING ARBITRATION AGREEMENT WHICH MAY BE ENFORCED BY THE PARTIES.I UNDERSTAND THAT THIS MUTUAL ARBITRATION AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS COVERED BY THIS MUTUAL ARBITRATION AGREEMENT BE SUBMITTED TO ARBITRATION RATHER THAN TO A JUDGE AND JURY IN COURT.I UNDERSTAND THAT BY ISSUING THIS MUTUAL ARBITRATION AGREEMENT, THE COMPANY AGREES TO IT AND IS BOUND BY IT.BY MY SIGNATURE OR ELECTRONIC SIGNATURE, I KNOWINGLY AND VOLUNTARILY AGREE TO THIS MUTUAL ARBITRATION AGREEMENT AND WAIVE FOR ANY COVERED CLAIM THE RIGHT TO CLASS, REPRESENTATIVE, AND COLLECTIVE PROCEDURES AND THE RIGHT TO TRIAL BY JURY OR JUDGE. I RETAIN MY RIGHT TO COUNSEL, TO CALL AND CROSS-EXAMINE WITNESSES, AND TO HAVE MY CLAIMS ADDRESSED BY AN IMPARTIAL FACT FINDER. I ACKNOWLEDGE THAT I AM ADVISED TO SEEK LEGAL ADVICE AS TO MY RIGHTS AND RESPONSIBILITIES UNDER THIS MUTUAL ARBITRATION AGREEMENT AND HAVE AVAILED MYSELF OF THE ADVICE OF COUNSEL TO THE EXTENT I WISH TO DO SO.Code of Business Conduct (COBC)General DescriptionPurpose / Overview:For more than 100 years, we have been working to gain our stakeholder's trust. In our Code of Business Conduct we ensure that our principles of respect, integrity, collaboration, innovation, trust and excellence are applied through our operations, and that these values are aligned with our vision to lead the industry in the delivery of integrated facility service solutions. PolicyPolicy Detail:Guidance and AdministrationAs you read this Code, bear in mind that it is not possible to capture every possible situation that could be a violation of the Code. You are expected to exercise good judgment in your decision making and ask for help if you have questions or concerns that are not addressed in the Code. ABM's General Counsel administers and interprets our Code. In doing so, the General Counsel works with the Board and other Company leaders to adopt procedures to promote the effectiveness of the Code and to respond to questions relating to the Code and its application. Please see Finding Assistance and Reporting Illegal or Unethical Behavior on page 12 for information about how to get help with understanding the Code and reporting suspected illegal or unethical behavior.Conflicts of InterestIt is important that our business decisions are made ethically and in the best interests of the Company. A "conflict of interest" occurs when a director, officer or employee's private interest interferes in any way, or even appears to interfere, with the interests of the Company. Any situation that creates or appears to create a conflict of interest between personal interests and the Company's interests must be avoided, terminated, resolved, or appropriately disclosed."Appropriate disclosure" includes reporting it to any VP of HR, VP of Internal Audit, General Counsel, or the ABM Compliance Hotline at 1-877-253-7804 or at abmhotline.ethicspoint.com. Such disclosures should also be made during each annual Code of Business Conduct certification.)While it is not possible to list all situations, which could give rise to a conflict of interest or potential conflict of interest, some examples of potential conflicts of interest include the following: You or your family member receives an improper personal benefit as a result of your position with the Company. "Family member" can include your child, stepchild, parent, stepparent, spouse, domestic partner, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew or any person who lives in your household. A family member is employed by the Company in any position where either you or the family member is subject, directly or indirectly, to the management and/or control of the other. A personal or family relationship that overlaps with your professional life, for example, when you happen to be a manager with direct supervision over a close friend. You are employed by, or act as a consultant to, a competitor or potential competitor, regardless of the nature of the employment or consulting relationship. You have a second job or consulting arrangement outside of the Company with a company that is one of our suppliers, customers, competitors, or subcontractors, or where the work interferes with your job at the Company. You own, or hold an interest in, any supplier, customer, subcontractor, or other company that impairs your ability to make objective decisions on behalf of the Company. You purchase, or direct the purchase, of merchandise or services for the Company from, or placement of other business with, a company directly or beneficially owned or controlled by you or a family member. Borrowing or lending money or guaranteeing financial obligations between employees where one employee directly or indirectly has management or control of the other employee.All situations that may involve a conflict of interest, or potential conflict of interest, should be reported immediately. Please see Finding Assistance and Reporting Illegal or Unethical Behavior on page 12 for information on how to report a conflict of interest or a potential conflict of interest. A conflict of interest may only be waived in accordance with the provisions set forth below under "Waivers".See also ABM's Nepotism and Personal Relationships Policy See also ABM's Related Party Transaction PolicyCorporate Opportunities and Duty of LoyaltyEmployees have a common law duty of loyalty to the Company, which means that employees may not use their positions or the Company's name, property, information or goodwill for personal gain or for the gain of others. An employee also may not take advantage of a personal opportunity that is discovered through the use of Company property, information or his or her position with the Company.Directors are prohibited from taking for themselves or for their companies' opportunities related to the Company's business, using the Company's property or information for personal gain, and competing with the Company for business opportunities. Gifts and GratuitiesGifts and entertainment are a common way we create goodwill and strengthen our business relationships, but they can also potentially influence decisions about business partners. For these reasons, we should avoid their use if it will create the appearance of compromising business decisions. We do not seek to gain any advantage through the improper use of business favors or gifts. No gift, favor or entertainment may be accepted or provided if it will obligate or appear to obligate the receiver.In some cases, providing business gifts and entertainment may even be illegal, such as when the recipient is a government official. Gifts include any tangible item of value, any service of value, any purchase at a price lower than what is usually charged or any benefit or other thing of value (including cash or certificates) and any of which are given at less than usual and customary rates or fair market value.See also ABM's Gift and Entertainment PolicySee also ABM's Anti-Bribery and Anti-Corruption Compliance Policy Bribery and CorruptionWe are dedicated to winning business based on merit. This means that we will not resort to offering improper benefits to others or paying bribes. As an international company, we adhere to those laws around the world that are designed to prevent corruption and bribery, such as the U. S. Foreign Corrupt Practices Act and the U.K. Bribery Act. We strictly prohibit the use of improper gifts, favors or entertainment and bribes, kickbacks, facilitation payments, or payoffs of any kind by our employees or by any third party working on our behalf. You, and third parties working on our behalf, may not offer or pay, directly or indirectly, any"bribe" or "kickback" or "facilitation payment" or other payment of anything of value to any person for the purpose of influencing, obtaining or rewarding any favorable action in a commercial transaction, collective bargaining agreement or governmental matter involving the Company. You also may not solicit or accept any payment or receipt of anything of value from any person for any such purpose. Practices or procedures that might conceal or facilitate bribery, illegal or improper payments or any activity which might support an inference of wrongdoing are also not permitted.For reference, a "kickback" is returning a portion of the money paid to ABM under a contract to a person or company as a reward for helping ABM secure the contract. A "bribe" is paying anything of value (for example, cash, gifts, services, contributions, internships or vacations) for the purpose of improperly obtaining or retaining business. A "facilitation payment" (also known as a "grease payment") is modest amounts of money paid as an unofficial fee to low-level government employees to speed up or initiate the performance of routine and expected government services to which ABM is entitled. For example, paying a low-level official to expedite a permit application. See also ABM's Gift and Entertainment PolicySee also ABM's Anti-Bribery and Anti-Corruption Compliance Policy Antitrust/CompetitionFederal antitrust laws exist to promote open and fair competition in the marketplace so that free enterprise can flourish. Certain conduct such as discussions or agreements between ABM and its competitors and/or suppliers may constitute an antitrust violation if it may have the effect of reducing or restricting competition. You may not agree with any actual or potential competitors or suppliers to fix prices on products or services to be bought or sold by the Company, divide or allocate customers or markets, or refrain from competing in a market. Antitrust is a complex area of the law and the Code cannot address every possible issue. If you have any questions about whether certain conduct may raise an antitrust issue, you should contact our Legal Department.See also ABM's Antitrust/Competition Compliance Policy Insider Trading and SpeculationABM stock is publicly traded. In the course of your work, you may become aware of important information about our Company or another company that has not been publicly disclosed. U.S. federal and state laws refer to such information as "material, non-public information." Material, non-public information can be information about contracts and pricing, strategic or marketing plans, major management changes, mergers, acquisitions or divestitures and financial data. You are prohibited from directly or indirectly buying, selling or otherwise trading in ABM stock or the securities of another company (for example, a supplier or a customer) on the basis of material non-public information and from sharing that information with others. We also believe it is improper and inappropriate for directors, officers and employees to engage in speculative transactions involving ABM securities. You therefore may not sell any ABM securities you do not own (i.e., a short sale) either directly, by sale of an option or other arbitrage transaction. You also may not engage in any hedging transaction involving ABM securities or a pledge of ABM securities. You are encouraged to contact our Legal Department if you have questions about insider trading or other speculative activity. See also ABM's Insider Trading PolicyModern Slavery and Human TraffickingABM follows all international labor and immigration laws and does not tolerate the use of child labor, any acts of modern slavery, human trafficking, or other illegal, abusive, or forced labor practices. This includes compliance with internationally recognized laws and regulations in all locations where we operate, regardless of local business customs. We strike to provide safe and secure conditions for those working on the Company's behalf. Additionally, we expect all of our subcontractors and vendors to comply with this policy. Fair DealingFairness is one of our values and each employee is expected to deal fairly with the Company's customers, suppliers, competitors and other employees. You should not take unfair advantage of anyone through manipulation, concealment, abuse of confidential information, falsification, misrepresentation of material facts or any other unfair dealing practice. Unauthorized use of covert surveillance equipment, including video, photographic or recording devices, is strictly prohibited.Protection and Proper Use of Company AssetsEmployees are expected at all times to protect and assure the proper and efficient use of the Company's assets, property and facilities for the benefit of the Company and its stockholders. This includes taking appropriate precautions to protect information when using the internet or storing information on a computer. When using Company assets, you are expected to put the interests of the Company ahead of other interests and assure that such assets are used only for conducting legitimate Company business. Theft, carelessness and waste by an employee of any Company assets are strictly prohibited.See also ABM's Policy for Adoption, Protection and Use of Corporate Names, Tradenames and TrademarksPolitical Contributions and ActivitiesMany Company employees participate in the political life of their respective communities. However, employees are prohibited from making any direct or indirect contribution of cash, merchandise, services or other property on behalf of the Company to any candidate for public office, or to any political party, political advocacy group or other political organization, except as explicitly permitted by Company policy. Employees may never use Company resources and assets for personal activities in support of their choice of political party, candidate or cause. Corporate expenditures of a nonpartisan nature may be made in support of legislative issues of concern to the Company, but only with prior written approval of the General Counsel. Health and SafetyWe are committed to providing a safe and healthy work environment for our employees. We operate in compliance with applicable health and safety regulations and laws, and we expect our employees to comply with safety, health and environmental regulations and our own standards, which may be stricter. Any workplace accident and any unsafe working conditions or practices must be reported immediately.The health and safety of our fellow employees and others require that each employee works free from the influence of any substance that could impact or prevent a safe working environment. To that end, you are prohibited from using or possessing alcohol or illegal drugs in violation of any national, state, provincial or local law, regulation or ordinance or Company policy at your workplace or in connection with your work, in a Company vehicle or in any motor vehicle when used in connection with Company business. Subject to the provisions of applicable laws and regulations, we prohibit the possession or use of any firearms, other weapons, explosive devices and/or dangerous materials while conducting Company business, at your workplace or in a Company vehicle.Harassment, Discrimination and Workplace Violence. The Company is committed to providing all employees with a workplace environment consistent with ABM's core values of Respect, Integrity, Collaboration, Innovation, Excellence and Trust. Employees who are respected and valued and who are not distracted by discrimination, harassment or other forms of unprofessional or unacceptable conduct can fully contribute their skills and talents to enhance ABM's performance. Accordingly, ABM does not tolerate any form of unlawful workplace discrimination, harassment, retaliation, bullying, threatening behavior or violence.See also ABM's Policy Against Harassment in the Workplace See also ABM's Workplace Investigations PolicySee also ABM's Social and News Media PolicyWages, Hours and Working ConditionsWe comply with all applicable laws governing the wages, hours and working conditions of our employees. This includes, but is not limited to, minimum wage requirements, meal and rest periods, overtime pay, recordkeeping and final pay upon separation. As an ABM employee you are expected to comply with these same laws as well as all Company policies and work rules concerning wages, hours and working conditions. If you become aware of any violations of wage and hour laws, policies or work rules, you must immediately report them to the ABM Compliance Hotline at PHONE NUMBER AVAILABLE or online at abmhotline.ethicspoint.com. RetaliationWe have zero tolerance for retaliation. We want to hear your honest concerns and we do not tolerate retaliation against anyone who, in good faith, reports a possible violation of any law or Company policy. Any employee or manager who attempts to retaliate against an individual who 10 has reported a violation or possible violation of this Code will face serious disciplinary action, up to and including termination.SustainabilityAt ABM, sustainability revolves around three pillars: doing business in a responsible way, improving our value chain continuously, and impacting the ecosystem. We are focused on strengthening our sustainability initiatives at our client's facilities, growing our energy savings and renewable energy offerings and measuring and tracking our sustainability performance. We seek to support our clients in achieving their sustainability goals as we in turn strive to be good stewards of the environment and responsible global citizens. See |
