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Many decades ago, our Company was founded on the principles
of honesty, fairness and integrity. Through the years, many business elements
have changed, but our principles have remained the same. It is upon these
principles that our Code of Conduct is based. Our Company is committed to a
corporate environment that is ethical and fair. The policies and behavioral
guidelines presented in this handbook are a reflection of the Company's Code of
Conduct.
The Company has established policies and procedures to guide
our work, but you put them into practice. Often, the answers to ethical issues
cannot be found in a book. In such situations, you must use your best judgment and if still in doubt, seek advice
from your immediate supervisor or the next level manager.
The Company expects all employees to know and observe the
ethical standards outlined in this handbook and our policy manual. The Company
may take disciplinary action if you violate the Code of Conduct or you
deliberately fail to report or withhold information about another employee's
violation of the code. The Company may also take disciplinary action if a
supervisor's actions reflect lack of diligence in administering and enforcing
the code or retaliates against an employee who reports a violation of the code.
For a simple test that generally describes what activity is ethical and what is not,
ask yourself these simple questions:
·
Does it comply with the spirit of Company
policy?
·
Is it legal?
o Will
it violate civil or criminal law or Company policy?
·
Is it balanced?
o Is
it fair to all concerned in the short term as well as the long term?
o Does
it promote goodwill and result in a relationship that benefits both parties?
·
Will it stand inspection?
o How
will I feel about myself?
o Will
it make me proud?
o Would
I feel positively if the community became aware of my decision or action?
o Would
I feel positively if my family knew of my decision or action?
Remember your actions reflect upon the entire Company. Let
your conduct set a positive example for others.
Our continued success in serving customers, suppliers,
employees, stockholders and the community depends upon each employee's ethical
commitment. We all take pride in the high standards of conduct that identify
us as Beall's employees. Let us continue to work together to be a Company that
demonstrates honesty, fairness and integrity in our dealings with all the
groups that depend on us.
DISCRIMINATION AND HARASSMENT
The Company is committed to maintaining a work environment
that is free of harassment, discrimination, or inappropriate behavior.
The Company will not tolerate discrimination against its
employees on the basis of their race, color, sex, age, religion, national
origin, disability, marital status, veteran status, citizenship, or any other characteristic
protected by federal, state, or local law.
The Company's policy against discrimination applies to all
aspects of the employment relationship, including recruiting, hiring, training,
compensation, promotion, discipline and termination. The policy likewise bars
discrimination in working conditions, which is also referred to as harassment.
Harassment is defined as a change in working conditions
caused by unwelcome behavior that is based on one of the protected categories
mentioned above.
Harassment can be verbal, written, or electronic in nature.
It can take the form of improper touching, explicit sexual propositions,
"kidding" or "teasing," offensive jokes, derogatory
comments or language, offensive gestures, or inappropriate pictures. Harassment
includes not only behavior that is based on sexual attraction or desire, but
also behavior that is based on hostility toward the opposite sex, hostility
toward a different religion, hostility toward a person's disability, or any
other similar motivations.
This policy is intended to prohibit not only harassment, but
also behavior that is simply disrespectful or insensitive, even if that
behavior is not directed at any individual in particular or is not intended to
be harassing.
No employee is exempt from this policy. It applies to
officers, managers, supervisors, and employees with equal force. This policy
also applies to harassment or discrimination by customers, vendors,
contractors, or other persons coming in to the workplace. The Company will take
reasonable steps to protect its employees from harassment by these persons.
This policy governs the conduct of Beall's employees
regardless of where that conduct takes place. Thus, conduct during Company-sponsored
functions, during Company-related trips, or while on Company business may also
be covered by this policy. Conduct will be judged by its ultimate effect on
working conditions, even if it occurred outside the Company premises.
Reporting: Employees are not required to use the normal
chain of command to report discrimination or harassment. Instead, any employee
who believes that he or she has experienced or witnessed harassment or
discrimination must contact one of the following immediately:
·
the Human Resources Director (at Corporate
Headquarters, ext. 4375)
·
the SAMTIPS hotline (888-726-8477 toll-free)
·
your Manager.
A supervisor or manager, who receives a complaint, sees or
knows of harassment or discrimination should take immediate action by
notifying their immediate supervisor and Corporate Human Resources.
The Company's policy is to investigate and document all
complaints thoroughly and promptly. Subject to the constraints imposed by the
need to conduct an effective investigation, the Company will keep complaints
and the terms of their resolution confidential. If the Company determines that
this policy has been violated, it will take remedial action that is effective
and appropriate to the circumstances. Violations of this policy will result in
discipline up to and including termination of employment. The final decision as
to the appropriate discipline is at the Company's sole discretion.
This policy is intended to stop unwelcome behavior before it
reaches the level of unlawful discrimination or harassment. Under this policy,
employees who engage in unwelcome behavior will be subject to discipline for
inappropriate behavior or the use of poor judgment, even if their misconduct
has not yet reached the level of substantiality necessary to violate applicable
laws against harassment.
The company will not tolerate any form of retaliation
against any employee for making a good faith complaint of discrimination or
harassment, for refusing to participate in unlawful discrimination, or for
refusing to submit to unlawful harassment. On the other hand, any employee who
intentionally makes an unfounded complaint of discrimination or harassment for
malicious reasons will be subject to discipline up to and including
termination.
WORKPLACE VIOLENCE
The Company is committed to providing all employees, supervisors,
managers, vendors, contractors, other business associates and visitors
conducting business on its premises with a safe and secure work environment.
The Company prohibits and does not tolerate possession of
firearms or any destructive device designed to inflict injury or cause physical
or psychological harm; fighting on the job; aggressive physical acts;
threatening, intimidating, coercive, abusive, or offensive language; violent
verbal threats, written threats; discourteous conduct; malicious, false or
unfounded statements; intentional, reckless or grossly negligent behavior
which results in destruction of property; violations of Company substance abuse
policies; or violations of Company sexual harassment policies.
Situations that involve potential or actual acts of
violence, such as the prohibited behaviors listed above, must be reported
immediately to your manager or Corporate Human Resources. Managers must contact
Corporate Human Resources or Corporate Loss Prevention immediately.
Employees who know of information about a violent act, a
threat, an intimidation, or harassment, but fail to report such behavior to
their manager are subject to appropriate disciplinary action.
CONFLICT RESOLUTION
We encourage people to talk directly to each other. If you
have a problem, follow these procedures listed below:
1) Discuss
the problem candidly and openly with your immediate supervisor. You and the
supervisor can resolve most problems together.
2) If
the problem is still not resolved, contact the next person in the chain of
command (i.e. in the stores, your manager, group, district, senior or regional
manager, DVP; in the D.C., your supervisor, area manager, facility director; in
the Corporate Center,
your manager, DVP). That person will obtain all the facts and try to settle the
problem in a fair and equitable way.
3) If
you and the manager still do not resolve the problem, the manager will arrange
for you to see the executive in charge of the division.
The Company will give full consideration to all suggestions
and complaints. We will not take any negative actions against any employee who
uses this problem resolution policy. Our objective is to find fair, timely
solutions to problems and questions.
NON-UNION STATUS
We recognize and respect the fact that our employees have a
legal right to support or oppose representation by a labor organization. We
believe that union representation by a labor organization is not necessary to
be treated fairly and with dignity and respect and to receive excellent and
competitive wages and benefits. The Company has always dealt directly and
honestly with its employees, and will continue to do so in the future. The
Company has achieved considerable success working directly with its employees
in an environment of cooperation and teamwork, without the interference and
disruption caused by third parties. Because of this, we have never had a union.
We look forward to continuing that successful record by encouraging all
employees to address work issues with management. The Company will strive to
respond in a fair and equitable manner.
SOLICITATION AND DISTRIBUTION
In the interest of protecting the private lives of employees
and maintaining productivity, the Company has taken steps to limit solicitation
or distribution of materials on its premises. The following rules apply:
Solicitation means any oral, written, or electronic
communication aimed at selling products; seeking donations, sponsorships, or
financial support; or requesting participation or moral, political, or
ideological support. Employees of the Company shall not engage in any
solicitation during their own working time and shall not solicit any other
employee during that employee's working time. Non-employees of the Company
shall not engage in any solicitation on Company premises at any time.
Distribution means any circulation, dissemination, or
display of written, printed, graphic, or electronic materials for purposes
other than the performance of job duties. Employees of the Company shall not
engage in distribution of such materials during working time or in working
areas. Non-employees shall not engage in any distribution on Company premises
at any time.
The only exceptions to this policy shall be those granted by
Corporate headquarters to a very limited number of charitable causes such as
the United Way.
FRATERNIZATION
Fraternization occurs when a supervisor and his/her
subordinate are involved in a personal relationship, of either physical or
social nature. The Company prohibits fraternization, including a dating relationship
between two employees where one employee has influence or control over the
employment action of the other, including, but not limited to, promotion,
demotion, termination, work assignments and change in pay rate.
Fraternization compromises the professionalism of the work
environment. It is particularly harmful because employees often perceive
favoritism by management toward a coworker as a result of a personal
relationship.
Employees should be aware of the negative ramifications and
perceptions that could result from these actions and should avoid situations in
which fraternization or the appearance of fraternization could occur. If an employee
desires a relationship that would otherwise violate the fraternization policy
they must notify their supervisor immediately so that a transfer may be
arranged, if possible.
SUBSTANCE ABUSE
The Company has a long-standing commitment to provide a safe
and orderly business environment for its employees and customers. An employee's
involvement in an activity related to illegal drugs or the abuse of legal drugs
or alcohol, on or off the job would have an adverse impact on the workplace.
The Company will not condone the use of any illegal drug and/or the abuse of
legal drugs or alcohol by its employees. We will not consider for employment
any individual found to possess illegal drugs or unexplained legal drugs or to
have them in his or her body.
The following are strictly prohibited on Company property or
on Company time and will result in termination of employment: the sale, use,
purchase, transfer, possession or presence in one's system of alcohol, illegal
drugs or unexplained legal drugs. Management may require that an employee
submit to a blood and/or urine exam if he or she has reported to work in a
condition that gives the supervisor reason to suspect the influence of drugs or
alcohol.
Whenever the Company has reasonable suspicion that an
individual possesses drugs or alcohol on Company premises, the Company
reserves the right to inspect the property of that individual or any vehicle on
Company premises to ensure a business environment free of alcohol and illegal
drugs. Employees arrested or convicted on or off the job for drug or alcohol-related
offenses may be considered to be in violation of Company policy.
The Company may take disciplinary measures, up to and
including termination, when an employee has created illegal or unsafe
conditions, or is suspected to have done so, refuses to be tested or violates
this policy through the use, possession, distribution or sale of alcohol or
illegal drugs.
COMPANY RESOURCES, PROPERTY, FACILITIES & EQUIPMENT
We expect employees to take pride in the resources,
facilities and equipment the Company has furnished for use on the job. Company
resources include, but are not limited to, property, facilities, equipment,
materials, software, phone systems, e-mail, computer systems including
internet access and information whether stored electronically or otherwise.
Company resources are for conducting Company business. Do not use these systems
for personal reasons, unlawful activities or any activity that is inconsistent
with Company policy.
Any personal use, without express permission from the
appropriate manager, or willful misuse, destruction or damage to Company
resources is a serious violation of Company policy and will result in
disciplinary action, including possible termination.
Willfully misusing, destroying, defacing or damaging Company
property is a serious violation of Company policy and will result in swift
disciplinary action, including immediate termination.
Except as approved by the appropriate manager, employees may
not use Company property for personal projects.
CONFLICT OF INTEREST
Employees and their close family members should avoid any
activity outside the course of their employment that could create a loss to the
Company. This includes financial and non-financial losses to the Company. An
example of non-financial loss is a situation in which an employee's
association with a disreputable company damages the Company's reputation. Such
activity could divide an employees loyalty between the Company and the outside
interest.
Close family members include (but are not limited to):
parent, spouse, child, grandchild, grandparent, father-in-law, mother-in-law, sister,
brother, sister-in-law and brother-in-law.
Employees may not:
·
Work for or provide advice to competitors,
suppliers or customers.
·
Run "side businesses" that compete
with, sell to or buy from Beall's or its' subsidiaries.
·
Charge a fee for advice or consulting services
for anyone. This includes competitors, suppliers and customers. Any advice or
consulting service the Company provides will be for the mutual benefit of the
Company and the other party.
·
Invest in a company related to the company's
business. This includes competitors, suppliers and customers. An employee may
make a small investment (e.g., less than one percent of the company) in any company
that sells its stock on the public market.
OUTSIDE EMPLOYMENT
If you desire to work part time outside the Company, ask
your manager, in writing, for permission prior to accepting another
position. Your manager will not permit
any outside employment or activity that is detrimental to job performance or
which adversely affects the interest of the Company.
EMPLOYMENT OF RELATIVES
The Company does permit the employment of relatives or
individuals living in the same household if it is in the best interest of the
Company and in compliance with our fraternization policy. The term
"relative" includes, but is not limited to spouse, child, parent,
sibling, grandchild, grandparent, father-in law, mother-in-law, sister-in-law
and brother-in-law. Relatives or people living in the same household will not
work in the same store or report to the same store or Corporate/Distribution
Center supervisor. The Divisional Vice President must approve any employment
of relatives.
GIFTS, GRATUITIES & ENTERTAINMENT
Employees must make fair and impartial business decisions.
Accepting gratuities may affect an employee's ability to make impartial
decisions. Employees, family members or their agents may not accept any of the
following items from vendors, customers or others who are directly or
indirectly related to the Company's business:
·
Loans
·
Cash (including tips & checks)
·
Commissions
·
Property
·
Favors
·
Theater or sporting events tickets
·
Gifts
·
Shares of profits
·
Gratuities
·
Anything of value
·
Trips and Travel
Receipt of such items could suggest dishonest or unfair
dealings. This rule applies whether the person receives the value directly or
indirectly. Receiving value indirectly means receiving it through a family
member, friend or acquaintance.
FINANCIAL & BUSINESS RECORDS
All employees are responsible for ensuring the accuracy and
reliability of the Company's accounts. All books and records must conform to
generally accepted accounting principles, and all applicable laws and
regulations and Company policies. Employees must accurately document and
account for all transactions on the Company's books and records. Fictitious,
improper, deceptive, undisclosed or unrecorded accounts of funds or assessments
are serious ethical violations and may be illegal as well. Violations may
result in discipline, up to and including termination.
CORPORATE DISCLOSURE
If you have possession of or access to confidential Company
information, you may not disclose it to employees or individuals outside of the
Company unless your manager approves of the disclosure or the information is
needed to comply with the law. Confidential information may include but is not
limited to:
·
information about employees, customers or
suppliers
·
policies and procedures, processes or equipment
·
business plans
·
financial and marketing information
·
investment information
·
organizational data including names, addresses
and phone numbers of employees, officers, board members and stockholders
·
information systems access information (i.e.
password)
·
building security and access information (i.e.
alarm codes, pass keys, store keys)
·
information regarding investigations (ongoing or
closed)
·
computer software developed in-house and related
documents
·
merchandise resource, assortment, pricing, cost
and promotional plan information
Violation of confidential Company information may result in
reprimand, disciplinary action or termination.
CONDUCT ON THE JOB
On-the-job conduct is a major factor affecting the Company's
operation because employee morale, productivity and community relations are at
stake. The following actions are examples but not an exhaustive list of conduct
that violate the Company's standards and which may result in discipline,
including immediate termination. Further, legal action may be taken in
appropriate cases.
·
Insubordination, abusive language or rudeness to
a supervisor, coworker or customer.
·
Refusal or failure to perform work as required.
·
Gambling or participating in a lottery on
Company premises.
·
Violence or the threat of violence towards a
supervisor, co-worker or customer.
·
Possession, use, or being under the influence of
illegal drugs, narcotics, or alcoholic beverages on property owned or leased by
the Company.
·
Indecent conduct, fighting, possession of
firearms or weapons.
·
Failure or refusal to cooperate fully and
truthfully in an investigation conducted by or at the direction of the Company.
·
Knowingly failing to report another employee's
violation of Company policy.
·
Refusal to work scheduled hours.
·
Irregular attendance, tardiness or absenteeism.
·
Causing disturbances among fellow employees or
failing to cooperate with others, showing a lack of respect for fellow employees.
·
Engaging in sexual harassment or other forms of
harassment.
·
Ringing up purchases, or handling any other
transactions, for yourself, your relatives or anyone living in your household.
·
Misuse of the employee discount.
·
Unauthorized removal or use of any Company
merchandise, resources, equipment, or assets of any kind.
·
Theft. Misuse of Company property.
·
Writing bad checks to the Company or failure to
repay debts to the Company (including Beall's credit card accounts).
·
Delaying bank deposits, holding checks or
borrowing Company funds.
·
Disclosure of confidential information.
·
Falsification of Company documents and/or
records.
·
Failure to report arrests and convictions or
violations of criminal or civil law.
·
Absenteeism due to incarceration.
·
Failure to be truthful to a supervisor, co-worker
or customer.
·
Refusal to cooperate with an inspection.
·
Any violations of the Company policies and
procedures.
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