Friday, November 13, 2015

Update on A&P Bankruptcy Developments

Below you will find an update on the latest Bankruptcy Court procedures. We have also updated the Pathmark Store Status Chart below to reflect new stores that will be represented by our Union, Local 1500. Please do not hesitate to contact your Union Representative or contact us for any questions you may have.

GENERAL BAR DATE INFORMATION FOR EMPLOYEES OF A&P AFFILIATES

REPRESENTED BY UFCW AFFILIATES

The Bankruptcy Court has approved the Debtor’s Motion to set a bar date of November 30, 2015 at 5 p.m. Eastern time for the filing of proof of claim forms for unsecured claims, which are claims that accrued before the bankruptcy petitions were filed on July 19, 2015. Such claims must be received at the addresses provided in the claim form notice before 5 p.m. on November 30, 2015. A Notice and claim form related to this Order have been or probably will be sent or handed by store managers to some employees and former employees.

UFCW local unions are filing proofs of claim for all grievances and arbitrations, PTO, and other claims arising under their collective bargaining agreements with A&P affiliates and any unfair labor practices. Of course, if an employee wants to file a claim form he or she may do so, but consistent with the information provided herein employees do not have to file a proof of claim for claims under a collective bargaining agreement because UFCW local unions are doing so. Employees should make sure your local union is aware of any grievances concerning actions that took place before July 19, 2015, the day that the bankruptcy petitions were filed.

NOTE: If employees or former employees have any claims that do NOT arise under the collective bargaining agreement, including workers’ compensation claims, discrimination claims, or any personal lawsuits, you should strongly consider filing an individual proof of claim (claims of this type will NOT be included in any proof of claim filed by UFCW affiliates), and if you have an attorney on any such matter you may want to discuss with the attorney the bar date and the filing of a proof of claim.

Please contact your Union Representative if you have any additional questions regarding this matter.

We have also created a website, ufcwmemberresources.com, where you can find answers to your questions on benefits, find job postings, and Resource Fair schedules.

Please review the chart below for a full updated list of our Pathmark stores. The blue highlighted cells are stores that will now be represented by Local 338. The red highlighted cells are stores that will now be represented by Local 1500.

We'd like to welcome new members of UFCW Local 1500 at three former Waldbaums stores, Center Moriches (bought by Dan's Supreme Key Food,, North Patchogue (bought by King Kullen) & College Point (bought by Glass Gardens ShopRite). Welcome! We look forward to serving you!

Please do not hesitate to contact us for any questions, concerns or issues.

Thank you,

Bruce W. Both

President

UFCW Local 1500

For all archived Pathmark updates, visit: www.ufcw1500.org/pathmarkupdates

Cuomo to Raise Minimum Wage to $15 for All New York State Employees

Gov. Andrew M. Cuomo announced on Tuesday that he would unilaterally establish a $15 minimum wage for all state workers, making New York the first state to set such a high wage for its public employees.

Read the entire story @NYTimes

Related: Labor's New Reality @LATimes

WHAT'S NEWS THIS WEEK:

1. Providing a Better Life For Our Veterans...Editorial by President Bruce Both

UFCW Local 1500 President Bruce Both's editorial on veterans was featured in two NY newspapers this week, The Downtown Express & Gay City News. We are forever grateful to every veteran for their selfless service.

2. Labor Pains for Mrs. Green's: Company Found Guilty of Labor Violations Polls West Village Community on View of Unions, Workers...

The real question is, why would a company found guilty of firing workers because they wanted a union, ask a community what they think about workers? Read the entire story @NYPost.

3. Mrs. Green's to Suddenly Close Hartsdale Store

The company is in turmoil, and it's treatment of men and women who work in the stores is shameful.

4. Labor's New Reality: Easier to Raise Wages for 100,000 than to Unionize 4,000

Its most prominent organizing campaigns of recent years — of fast-food workers, domestics, taxi drivers and Wal-Mart employees — have prompted states and cities to raise their minimum wage and create more worker-friendly regulations. But what these campaigns haven't done is create more than a small number of new dues-paying union members. Nor, for the foreseeable future, do unions anticipate that they will.

5. Labor Rallys Against TPP in Upstate NY

“This expanded NAFTA style trade agreement will continue offshoring US jobs, increase wealth inequality, grow our trade deficits, and plunge more American families into poverty. It is clear that the TPP is written for the exclusive profit and monopoly interests of transnational corporations, granting them powers that usurp our systems and principles of democracy, civil liberties, and human rights,” said Frank Natalie, Executive Vice President of the Capital District Area Labor Federation.

Must Read: What a New NAFTA Complaint Can Tell us about the TPP

As the Trans-Pacific Partnership (TPP) debate intensifies, a coalition of U.S. and Mexican labor and civil society groups are taking an unprecedented legal approach to protect workers’ rights that will test the strength of labor protections in international trade agreements.

6. Popeyes CEO on $15 Minimium Wage: "Life will go on,"

"Everybody in retail is dealing with an increase in minimum wage," said Cheryl Bachelder, CEO of Popeyes Louisiana Kitchen (PLKI). "We will adjust to increased costs just like we have before. Life will go on. There's been too much hubbub about it."

7. Fast Food Workers Hold Largest Strike Ever.

Fast Food Workers Went on Strike This Week Again on Tuesday...Telling Politicians, Come Get Our Votes

On Tuesday, one year before the 2016 presidential election, thousands of fast food workers walked out of their jobs in 270 cities. Organizers say it is the largest action yet by the three-year old Fight for $15 movement. An even larger number of workers from other low-paying jobs joined them in marches on local city halls in a total of 500 cities to send a message to political candidates: they represent 42 percent of the American workforce, and if they register to vote, they make a difference.

8. IKEA Workers Have Asked for a Union & Company Has Not Responded

Yesterday, a large group of workers at an IKEA store in Massachusetts told the company they want to unionize. IKEA’s response so far? Nothing.

9. Target to Open in Tribeca, NYC

10. The Risk of Not Fighting Climate Change

An Iraq War Veteran explains how defending America against climate change, can help defend our country.

11. Haggen puts core stores on the auction block

A very similar situation to A&P bankruptcy is ongoing on the west coast, right now. Super chain, Haggen is auctioning off its stores. Thousands of UFCW members are affected.

Here's the latest UFCW statement.

Elsewhere & Out There:

Need for Climate Awareness: A study partially funded by Nasa predicted that civilization as we know it could be steadily heading for a collapse within the next century due to climate change– and the window to create impactful change is narrowing. Read the entire story here.

Thank You:

It's often a thankless job, so we'd like to say, thank you. And thank you for being a subscriber.

Thursday, November 12, 2015

Updated Pathmark Bankruptcy Store Status Chart

The chart below details the status of all A&P stores represented by UFCW Local 1500:

Wednesday, November 11, 2015

Providing a Better Life for Our Veterans

By: Bruce W. Both

Veterans Day is a time to pay tribute to the service and sacrifices of all U.S. military veterans. But acknowledging what these amazing men and women have done for our country is not enough. We must do more.

To truly honor our veterans, Veterans Day must be a time to strengthen our commitment to providing our veterans with “good jobs” with better wages and benefits that can support a family and provide a pathway to the middle class.

The harsh reality today is that too many workers – including too many of our veterans in New York – are a facing serious obstacles to finding these good jobs. Unlike their parents and grandparents who served in the military and returned home to a time of shared prosperity, today’s veterans are returning to a country that is grappling with a wealth gap not seen since the “Roaring Twenties,” where good manufacturing jobs have been shipped overseas, wages are stagnant, and the middle class is shrinking at an alarming rate. More troubling, irresponsible companies like Walmart talk proudly about their programs for veterans, but fail to provide wages or opportunities necessary to build a better life.

The simple truth is this: We can and must do better, and our union family is committed to standing up for our veterans and their families.

In New York, UFCW Local 1500 represents 22,500 of hard-working men and women at Stop & Shop, Key Food, Fairway, ShopRite, D’Agostinos, Gristedes and many of our members are veterans. Whether it is the veteran at Fairway Market or Stop & Shop, we work hard to provide the better wages and benefits that all hard-working men and women have earned and deserve.

Nationally, for example, being a member of our union family provides veterans and non-veterans 27 percent more in pay than non-union workers. They are more likely to have paid sick leave and a pension plan, which means they have more control over their lives today and in the future. And, we stand and fight against discrimination and unsafe workplace conditions veterans and others face that are often ignored by non-union companies.

Despite their dedication, experience and skills, too many of our country’s veterans are paying the price as companies continue to cut wages, hours and benefits, and punish those who speak out and try to better their lives. This should not be the reality for any worker, but it especially should not be the reality for our veterans.

So our challenge to employers all across New York is this: Stand up with us and do more for our veterans. Commit to not only hiring more veterans, but provide them and all retail workers with better wages and benefits.

The best way to honor our veterans on this solemn day is to provide them with an opportunity to earn a better life. That is the least our New York employers can do.

Bruce W. Both is the President of UFCW Local 1500 in Westbury, NY.

Tuesday, November 10, 2015

Flagrant Labor Abuser Polls West Village on Thoughts of Workers, Unions...

Many customers of Mrs. Green's newest store in the West Village complained to us that they were being polled by telephone on their support of labor, workers and unions. As reported by the NY Post this week, a resident explained how he was polled earlier in October:

"The West Village is pretty liberal,” said the resident, who did not want to be named. “The survey started out asking questions about the food options in the neighborhood and then veered towards unions.”

The real question is, why would a company found guilty of firing workers because they wanted a union, ask a community what they think about workers?

For more information and to get involved in the campaign to bring equality and rights to the men and women working at Mrs. Green's, visit mrsgreeds.com.

Monday, November 9, 2015

Survey for All Working Women

By: Rhonda Nelson
Recorder, UFCW Local 1500
President, UFCW Women's Network

Until December 4th, we're asking all working women to participate in this National Survey of Working Women.

It is imperative we make our voices heard in this opportunity to tell advocates and the media to understand the challenges working women face, whether it’s on the job, balancing work and family, or leading in our communities.

We need you to tell your story; what stands between you and prosperity, and how we can change the rules together to create a better life for all workers.

Speak Up Together! The results from the survey will be published in a written report and distributed nationally through media outlets, labor unions, and advocates. Through these networks, your thoughts and words will help inform the debate on what women want and bring the voices of real working women to the table.

The survey is being conducted on line from October 27- December 4. The survey is anonymous and focuses on broad issues of importance to working women.

To ensure that we all have a voice and are represented in the results of this important survey, I encourage you to participate in this survey, and share it with your coworkers.

Take the survey at www.ufcw.org/WWsurvey/ and takes approximately ten minutes to complete.

I look forward to this important dialogue and sharing and discussing the results of the survey with you.

Thank you very much for your support in making the world a better place for all women.

Wednesday, November 4, 2015

Urgent Update on A&P Bankruptcy Developments

Below you will find the most up to date information with regards to severance, jurisdictional issues, store sales, and bankruptcy court forms. Many things have changed since our last update. Please do not hesitate to contact your Union Representative or contact us for any questions you may have.

Jurisdictional Issues

We are making progress each day with Local 338 and continue to work together to create a solution for all jurisdictional issues. Along with Local 338, we have managed to work out some jurisdictional issues with many of the new owners of the former A&P stores.

Here are the current resolutions agreed to by Local 338, Local 1500 and new management:

Pathmark #603 – new owner is PSK Foodtown – for those working here and currently represented by Local 1500, you will now be represented by Local 338.

Pathmark’s #649 & #653 – new owner Greenfield Shoprite – Both buildings will close for renovations for a few months. The new owner has agreed to interview all Local 1500 members, but unfortunately will not guarantee any job offers. Any current Local 1500 members that are hired by Greenfield Shoprite will be represented by Local 338 once the store transitions.

New Local 1500 Shops:

Our union will now represent the former Local 338 members in following Waldbaums & Food Emporium stores:

1. Former Waldbaums #655, was bought by Key Food, located at 1-1 Park Plaza, Glen Head

2. Former Waldbaums #669, was bought Key Food, located at 1050 Willis Avenue, Albertson

3. Former Food Emporium #703, was bought by Key Food, located at 1175 3rd Avenue, NYC

All former members of Local 338 that stay on with Key Food after the transition will be new members of our union, Local 1500 (see chart below).

Throughout the last week, our Union Representatives have been visiting these stores and meeting with management to insure a smooth transition for all members.

To the members that will be now represented by Local 338: Thank you for allowing us to represent you. It has truly been a pleasure to serve you throughout the years. We are forever grateful to you for your service and wish you the very best with our sister union, Local 338.

Bankruptcy Court Forms

With regard to the forms you may have received in the mail from the bankruptcy court over the last few days: These are all for any money that you believe you are owed from BEFORE the bankruptcy filing.

Our Union will be filing claims on all Pathmark members' behalves, however, please feel free to file these forms on your own if you wish to do so as well.

You should not include any money owed from any date after 7/19/15 or the balance of your severance payment on this specific claim form. Anything owed from after the filing date for the bankruptcy is a post-petition claim and will be handled in a separate claim form. Please contact your Union Representative for any questions you may have.

Sales of Additional Stores:

The Debtors have filed a notice of additional sales of stores to Best Yet. The deal includes the following stores:

Food Emporium on Greewich St. (777)
Pathmark in Shirley (646)
Pathmark in West Babylon (644)
Waldbaums in Great Neck (617)
Pathmark in Islip (639)
Waldbaums in Selden (662)

Severance:

We previously updated that severance would be at least 52%. This has changed to 54% due to the tireless work of our union attorneys. Judge Drain signed a 54% severance order on Monday, November 2nd which says the following:

Each employee of the Debtors who is represented by a union shall be entitled, upon termination of employment by the Debtors, to approximately 54% of his or her contractual cash severance entitlement, which amount shall be determined in the ordinary course of business under the applicable CBA or corporate policy and paid in a single lump-sum payment...

The severance package is 54% of the monetary amounts negotiated in the 2011 bankruptcy settlement (see below). This is also the case for all members in stores purchased by landlords, real estate entities, or non-union employers that do not offer immediate comparable employment. In addition 100% of the Healthcare package listed below is also included in the settlement.

The negotiated severance calculations from 2011 are as follows:

Full-Timers: 3 months of health coverage, plus one week of severance for every two years of service, subject to:

Maximum of 4 weeks of severance if less than 15 years of service
Maximum of 9 weeks of severance if 15-25 years of service
Maximum of 18 weeks of severance if over 25 years of service

Part-Timers: 2 months of health coverage, one week of severance for every four years service, subject to max of 4 weeks of severance.

Again, please note that upon termination of employment, you will receive 54% of this severance calculation.

In addition, the company has said every member will receive a letter in the mail which will explain the exact amount of your check. This will be delivered sometime during your last week of employment. Also included in the letter will be additional instructions on how to file a claim for the balance of your severance pay on Prime Clerk.

Should you have an issue with the amount stated in the letter please call your Union Representative as soon as you receive the letter, waiting can only make a resolution more difficult. Severance checks will be mailed or direct deposited based on your current pay arrangement with Pathmark.

Additionally your severance questions can be directed to TZ Gable 201.571.8198 or the Associate Resource Center (ARC) 855.632.7023.

Department of Labor Rapid Response & Store Closings:

The Department of Labor (DOL) has notified us that their Rapid Response Teams will not be visiting every Pathmark store due to the volume of store closings throughout New York. Rather than visiting each store, the DOL has elected to hold a number of fairs in Nassau & Suffolk County. The DOL has also notified us that NYC fair locations are in the process of being booked.

The DOL will be holding Rapid Response fairs for Pathmark members at the following locations:

Department of Labor: Nassau County, Hicksville Career Center, 301 West Old Country Road, Hicksville NY 11801

Friday, November 6, 2015 at 9:30am - 12:30pm, 1:00pm - 4:00pm

Monday, November 9, 2015 at 9:30am - 12:30pm, 1:00pm - 4:00pm

Suffolk County, Waldbaums Store # 70662, 211 Middle Country Road, Selden NY 11784

Tuesday, November 10, 2015 at 9:00am, 1:00pm & 4:00pm

Our Union will continue to hold Resource Fairs to provide information on benefits, workshops and job opportunities that are available to you. The next fair is on Thursday, November 5th on Staten Island. We have also created a website, ufcwmemberresources.com, where you can find answers to your questions on benefits, find job postings, and Resource Fair schedules.