Contract Negotiations
SOUND and FURY
Excerpted from Sound and Fury, an article in Supermarket News by Jon Springer Jan. 23, 2012:
John Niccollai. president of UFCW Local 464A, Little Falls, NJ, said health care, pension and wages will be on the docket for negotiations with ShopRite, Stop & Shop, Foodtown and King's when its contract comes up for renewal March 17...
He emphasized that (A&P's) situation wouldn't affect talks with other employers, saying his goal was to negotiate better deals for his workers.
"I see a greater dichotomy between the interests of management and the interests of workers, and I see that primarily because, overall there's been a diminution of the union movement in this country," Niccollai told SN. "I tie the union movement to the growth and preservation of the middle class. As we lose union workers, we lose middle class people. Once people begin to realize that we need to have a strong union movement in order to have a strong middle class you'll start to see resurgence. And I think that's happening now."
To read the entire article click here.
PRESIDENT NICCOLLAI REPORTS ON LANGUAGE REGARDING A SEVERANCE PROGRAM, SUCCESSORSHIP AND DATE TO NEGOTIATE BUYOUT PACKAGE
January 5, 2012 - As promised, President Niccollai and Local 464A staff are engaged in ever-continuing discussions with A&P/Pathmark to tie up all the loose ends that remain from a year of protracted negotiations. We are pleased to report two programs have been finalized and the third concerning the Buyout will be discussed with the Company at a meeting on Wednesday, January 18, 2012. The two programs finalized are as follows:
1. Severance Program
a. Each eligible full-time associate shall receive a Severance Benefit in the amount of one (1) week of base pay for each two (2) full years of service (from his or her most recent hire date), up to a maximum of four (4) weeks base pay; and three (3) months of continued health and welfare contributions by the Company.
The Severance cap described above shall be extended to a maximum of 18 weeks pay for eligible full-time associates with more than 25 years of continuous service to the Company; and a maximum of nine (9) weeks pay for eligible full-time associates with between 15 and 25 years of continuous service to the Company.
b. Each eligible part-time associate shall receive a Severance Benefit in the amount of one (1) week of base pay (based on his or her average hours worked in the prior year) for each four (4) full years of service (from his or her most recent hire date), up to a maximum of four (4) weeks base pay and two (2) months of continued health and welfare contributions by the Company.
2. Successors and Assigns Language
The following language shall be included as part of the Collective Bargaining Agreements between A&P/Pathmark and all other Banners and UFCW Local 464A:
This Agreement shall be binding on all signatories hereto, and their successors and assigns, whether such status is created by sale, bankruptcy sale, lease, assignment or any other type transfer transaction. In consideration of the Union’s execution of this Agreement, the Employer promises that its operations covered by this Agreement or any part thereof shall not be sold, conveyed, or otherwise transferred or assigned to any successor without first securing the Agreement of the successor to assume the Employer’s obligation under this Agreement, and to offer employment subject to the terms of this Agreement, to all of the Employer’s then current employees, recognizing their accrued seniority for all purposes.
Niccollai went on to say that we will post the results of the Buyout negotiations, which will commence on January 18th, as soon as we have a final result.
The President further noted that he wished to acknowledge all our Brothers and Sisters who have extended their thanks for saving their jobs with such limited modifications to the preexisting Collective Bargaining Agreements. As stated previously, this was a team effort and our outstanding results clearly serve as a symbol of the strength of the membership.
Niccollai went on to caution that as much as we would like to believe that our future is bright with A&P/Pathmark, in all likelihood, we will encounter speed bumps and that progress will not be a quick and straight meteoric rise.
As we look at the economy, we see thousands of jobs being lost daily. One of the best-known names teetering on bankruptcy is Kodak. Industry experts speculate that a Kodak bankruptcy could possibly affect 19,000 workers, casting them among the unemployed.
Again, we will continue to report future updates on A&P/Pathmark as they occur.
PRESIDENT NICCOLLAI REPORTS ON A&P/PATHMARK VOTING RESULTS AND OVERALL ISSUES CONCERNING THE NEW AGREEMENT
November 29, 2011 - Although we have not received the final tally of all results from the other 12 Locals, we are pleased to release the following results relating to Local 464A:
3,137 Voted “Yes” to Accept the Contract Modifications
643 Voted “No” to Reject the Contract Modifications
We are all greatly relieved that this year-long agony has finally come to an end and that the conclusion is far better than we expected. We realize there are some members who voted “No” and by doing so, were sending a message that they preferred to see the Company go out of business. That, of course, would have meant the loss of many thousands of jobs. We find that preference difficult to understand, especially in this weak economy. Still, we respect the position of those few members and we will work even harder in the months ahead to demonstrate to them that the overwhelming majority of the membership made the better decision. As your President, I am especially pleased to be free of some of the confidentiality restrictions placed by the Bankruptcy Court. It is always my desire to communicate to the membership candidly, as we have always done in the past. We will immediately begin a process with the Company to put together the final language relating to all contract modifications. This information will be disseminated as soon as it has been finalized and should also be more specific relating to profit sharing, the severance program and a buyout.
One of the most important issues affecting the specific Local 464A negotiations pertained to the sound financial condition of our Pension and Welfare Funds, which enabled us to minimize monumental cuts in wages. I can report to you with deep compassion for some of our Brothers and Sisters in other Local Unions, that there were wage cuts in excess of 2½ times higher than the result we achieved. In the area of wages, I would urge our members to view this issue in the context of the adage: ‘Is the glass half empty or half full?’ In our case, with reference to wages, the glass is 97% full - a significant victory.
Again, for the few Nay Sayers among us, ask yourself where could I possibly replace the job that I have with the wages, no co-pay for Health Care and no co-pay for Pension? Then add to that the paid holidays, the personal days, the sick days, time-and-a-half on Sunday and holidays, Seniority Rights and new programs we are negotiating with the Company concerning Profit Sharing, a Severance Program, a Buyout and Successor language in the event the Company is sold. Where indeed, in today’s sputtering economy, can such jobs be found?
Be certain that, as your President I do not intend to give our Employers the impression that we are overpaid or that our benefit programs are lucrative. Let no one ever doubt that we are worth every dollar we earn and much more. We are employed in a dangerous industry. Our working environments are often cold and wet. We operate saws, knives and slicers. We lift heavy loads and stand on our feet all day long. We suffer with arthritis, bursitis, back pain and other afflictions germane to our working conditions. We do our job as true professionals and give our best effort to satisfy our customers each day. Unfortunately, the actions of others can sometimes cause bad things to happen to good, decent hardworking people. Neither you nor your Union is responsible for the bankruptcy of The Great Atlantic & Pacific Tea Company, Inc. But, as in many segments of our society, it is working men and women who are forced to bear the brunt of pain caused by the mistakes of incompetent management. That, in a nutshell, is the undeniable A&P/Pathmark scenario.
Now we move on. The accommodations that we have made to keep our jobs can and will be reversed by success. We expect to see A&P/Pathmark emerge from bankruptcy in the very near future. With our seat on the Board of Directors, we will not only monitor, but also influence the future direction of the Company. Whether the end result is a successful turnaround or a sale to another Union employer, we have every reason to expect our future to grow brighter each and every day. As your President I can say without equivocation that the results we have achieved collectively are a direct result of our solidarity. Management is keenly aware of the fact that Union leadership and membership march in lock step. We must always remain inseparable. As long as we stick together we will be a force to be reckoned with.
ADDENDUM UPDATE NOVEMBER 30, 2011: UFCW A&P/PATHMARK TOTAL CONTRACT RATIFICATION RESULTS (ALL UFCW LOCAL UNIONS):
7,200 YES (ACCEPT)
1,827 NO (REJECT)
Westchester Contract Unanimously Ratified
November 1, 2010 - President John T. Niccollai announced this afternoon (November 1, 2010) that UFCW Local 464A and the Companies reached a tentative Agreement on Friday, which was voted upon by the membership in the stores today. The proposed Contract is outstanding in that the Companies' adamant positions on wage reductions and Health Care co-pay were beaten back.
The new Agreement, which was ratified unanimously by the membership, contains bonuses and wage increases over the 16 1/2 month term. In addition, the Pension Window periods were extended, substantially increasing both the full-time and part-time monthly benefits. There were also additional gains for part-timers, guaranteeing minimum hours and preserving an annual 25-cent per hour payout for career part-timers.
Niccollai commented, "This Contract result is an excellent example of what this union is able to achieve when the membership is totally committed to its goals. This Contract will be negotiated next in March of 2012, when the members will join forces with over 7,000 of their Brothers and Sisters who will negotiate with them."
Food Basics Contract Ratification Results
October 18, 2010 -The ratification voting results covering all eight Food Basics stores have been tallied. The breakdown is as follows:
Voting to accept the Company’s final offer 221
Voting no and to strike immediately 3
The officers of UFCW Local 464A wish to thank all Food Basics Members for their resolve and patience during this challenging negotiation period.
Agreement Struck with Latin American Distributors, Inc.
March 15, 2010 - UFCW Local 464A President, John T. Niccollai announces the completion of a three-year collective bargaining agreement with Latin American Distributors, Inc. The Agreement encompassing the company’s truck drivers, is retroactive to December 30, 2009. It provides substantial wage increases together with medical, dental, prescription and vision care benefits. The workers are also enrolled in a defined benefit pension plan.
“We are proud to welcome the drivers of Latin American Distributors into the Local 464A family. These men and women work hard in a demanding and competitive industry. The benefits they will now enjoy for the first time, are recognition of their individual and collective contributions to the success of their employer.”
Additional provisions of the agreement include the establishment of schedules standardizing the regular workweek, vacations and holidays. Some of the designated holidays are new and had not been recognized previously. Seniority, layoff and grievance procedures consistent with the best practices of union representation have also been put in place.
Latin American Distributors, Inc. is a leading wholesale distributor of health & beauty aids, housewares and hardware. The company is located in Perth Amboy, New Jersey. UFCW Local 464A, headquartered in Little Falls, NJ, represents nearly 20, 000 workers in New Jersey, New York and Pennsylvania.
