UFCW Local 1500 Blog: 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.

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.