Contract Negotiations

 
Union Commences Preparations for Difficult Contract Negotiations

-A Special Message from President John T. Niccollai

April 5, 2010 - Calendar year 2010 will encompass extensive negotiations involving our Brothers and Sisters in New York and New Jersey. We are all keenly aware of our troubled economy, so we have already started preparations knowing that our journey will be long and challenging.

In the Westchester County New York area, our Contract with Pathmark, Food Emporium, Shopwell, Waldbaums and numerous Independent Markets expires on October 30, 2010. In New Jersey, we will be dealing with the expiration of our Food Basics Agreement on October 16, 2010. As we gather the facts and figures concerning our Employers, we also project the primary areas where we can expect heated disagreement and adversarial behavior.

We certainly expect all Employers will throw out the weak economy as a primary issue. Your Local Union has always taken the position that our contracts extend three or four years into the future. Notwithstanding whether times are good or times are bad, it's contractually our only turn at bat. We will have this one opportunity to provide for the needs of our members and their families.

Other areas of contention will relate to Health Care costs, Pension benefits and, obviously, wage increases. We can anticipate that the Employers will fight us tooth and nail in each of these arenas.

Local 464A is a firm believer that Employers are responsible to provide Health Care coverage to employees without co-pay. We understand that Health Care costs have risen dramatically. Employers must, however, understand that we sacrifice our bodies and our health in a demanding and dangerous Industry on a daily basis. It is only appropriate, under concepts of fair play, that our Employers should be responsible for our Medical Care Coverage.

The Pension area has also seen significant increases in costs. In many parts of the Country, Pension Plans are being reduced or eliminated for present employees and new hires. We all understand the fragile nature of Social Security, and we cannot allow the dignity of our retirement to depend solely on that program. We must continue to preserve the security and effectiveness of our Union Pension Programs.

The last and significantly important issue to be resolved through our Collective Bargaining will be wage increases. Many say that overall inflation is almost nonexistent. In truth, however, we are all being bombarded with monumental increases in our real estate taxes or rental expenses, utility bills, insurance costs and the operation of our vehicles. It is not possible to negotiate an effective contract without meaningful wage increases. We, at Local 464A, have seen many contracts around the Country fall short in the area of wages, because of the increased costs of Medical Plans and Pension Plans. We must not permit that to occur in these negotiations.

Although the Union prepares for negotiations and has taken strong positions regarding our needs, that all becomes irrelevant without the input and support of you, the member. If Employers become adamant in their refusal to honor our demands, we must reaffirm our needs and goals. The history of Local 464A is long, and because of you, the member, very successful. Where we stand shoulder-to-shoulder in solidarity and demonstrate commitment, we have received outstanding results. It must be our collective goal, as a Union, to bring forth a contract which encompasses our needs and of which we can be proud.

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.

 Niccollai Comments on Contract Talks with Analytical Bio Treatment, Inc. and Sodexo, Inc.

March 15, 2010 -  UFCW Local 464A President, John T. Niccollai gave his views on the status of collective bargaining negotiations with two recently organized companies during discussions at the Local’s headquarters in Little Falls, NJ, Friday March 12, 2010.

“Negotiations with Analytical Bio Treatment, Inc., which had been ongoing for several months, have reached a present stage of no progress. Local 464A has concluded that several of the employer’s actions following his abrupt discontinuance of discussions, may have violated the National Labor Relations Act.  Therefore, we have filed charges with the National Labor Relations Board. Affidavits have been given. We now await the NLRB’s issuance of a Mandatory Order to Bargain. We expect good faith negotiations to recommence shortly after the NLRB issues its order.”

Negotiations with another recently organized company, Sodexo, Inc. at Caldwell College, commenced on March 10, 2010.

“We have presented our proposals to the Sodexo representatives. Another meeting is scheduled for March 30”.

Sodexo is a multinational company with operations in Europe as well as the U.S. Many of the company’s functions in the food industry are represented by collective bargaining agreements. The company is familiar with the best practices of union representation and operates under union contracts in many of its jurisdictions.

“For this reason we are confident that a mutually satisfactory agreement can be reached. We will bargain in good faith with Sodexo remaining steadfast in our commitment to bring an industry-leading package of benefits, wages and job security to our workers”

Stop & Shop Long Island Contract Overwhelmingly Ratified

November 24, 2008 - By a margin of 94.8% in favor, the membership has ratified the new Contract with Stop & Shop Long Island. Your elected Officers and elected Contract Committee opened and tabulated the secured, secret ballots returned on Monday, November 24, 2008. The results are as follows:

YES Votes to Accept the Contract -                     239

NO Votes to Reject and Strike the Company -         13

Based upon these returns the membership overwhelmingly voted to accept and ratify the Final Contract Proposal of Stop & Shop Long Island. We wish to thank and commend the elected Contract Negotiating Committee as follows:

A & P Contract Overwhelmingly Ratified

November 20, 2008 - Your elected Officers and elected Contract Negotiating Committee opened and tabulated the secured, secret ballots returned on Thursday, November 20, 2008. The results are as follows:

NO Votes to Reject and Strike the Company -         96

Based upon these returns, 96.4% of the membership voted to accept and ratify the Final Contract Proposal of the Great Atlantic & Pacfic Tea Company.

We wish to thank and commend the elected Contract Negotiating Committee as follows:

Gerard Barry (Alternate)
Clara Broche (Alternate)

A & P Contract Ratification Procedure Announced

Nov. 11, 2008 - On Monday, November 10, 2008 approximately 8,000 copies of the Company's final Contract Offer, along with secret ballots and a posted return evelope, were mailed to all A & P Members for ratification. Secret ballots are to be received by Thursday, November 20, 2008 in order to be counted. All ballots received will be secured, and will be opened and tabulated by your elected Contract Committee. The result of the vote will be posted on the Local 464A Web Site (www.ufcw464a.org), by Thursday afternoon. Information will also be forwarded to the stores by the Committee.

The Committee urges all Members to vote "YES" in favor of this outstanding final Company Offer. As we look at our economy in the United States and around the world, we recognize that we have fallen into a deep recession. Notwithstanding this severe economic downturn, which may last for years, these contract results take care of our needs presently and into the future. The settlement provides substantial wage increases for both full-time and part-time employees, no co-pay for Medical Benefits and Pension improvements for our full-time Members close to retirement. In addition, we have addressed the needs and concerns of our "B" Butchers and "B" Clerks, career part-timers, Members traveling and those who did not want Sunday as part of the regular work week. This contract result is a tribute to the commitment and solidarity of the Membership who understood their needs and were not willing to settle for less.

Your elected Officers and elected Contract Committee thank you for allowing us to engage in these negotiations with the strength of knowing that the A & P workforce was one hundred percent behind our mission.

A & P Contract Negotiations Successfully Concluded

Nov. 7, 2008 - After a 12 hour marathon negotiating schedule, your Elected Officers and Elected Contract Negotiating Committee are pleased to report an outstanding settlement, which will be submitted to the membership by mail for ratification.  The Union was successful in beating-back all concessions and givebacks submitted by the Company, with some highlights as follows:

1.  Sunday shall not be part of the regular work week, but shall remain a Premium Day under current terms and conditions.

2.  No member co-pay for Medical Benefits.

3.  Employees shall not be forced to work on Christmas or Easter.

4.  Substantial catch-up wages for "B" Butchers and "B" Clerks.

5.  Full-time employees shall not be required to work one afternoon shift per week.

6.  Minimum guaranteed hours shall continue for part-time employees.

7.  Travel pay shall be increased.

8.  Relief pay for Managers on vacation shall be increased to $50.00 per week.

9.  Career part-timers shall be provided three sick days, along with lump sum bonuses of $0.25 per hour computed on an annual basis.

10. Increase in full-time Pension Plan.

11. Substantial wage increases for all classifications and part-timers, well in excess of those raises granted in the previous agreement.

This contract is outstanding and can only be defined as one of the best ever negotiated within our Industry.  Full-time and part-time members will receive the Contract Highlights, along with a Secret Ballot and posted return envelope next week.  Return ballots must be received by Thursday, November 20th for tabulation.

A & P Contract Negotiations Update

Nov. 6, 2008 - At Wednesday's regularly scheduled Negotiating Committee Meeting, the Great Atlantic & Pacific Tea Company submitted a contract proposal.  Although the proposal falls far short of our needs in all areas, it is an initial step toward attempting to reach an agreement.  Your Local Union Officers and Contract Negotiating Committee Members were outraged that the Company would insult our intelligence with such an inappropriate proposal.  Some of the contents of the proposal are as follows:

1.  Co-pay for both full-time and part-time employees regarding our Medical Programs.

2.  No increased contributions to fund the Pension Programs, thereby requiring a reduction of benefits.

3.  Sunday as part of the work week at regular time.

4.  Christmas and Easter to be worked based on inverse seniority.

5.  Wage increases as follows:

a.  $50.00 in total wage increases over a five year period for full-time employees.

b.  $0.75 an hour increase over a five year period for part-time employees.

The Company was told in no uncertain terms that the Negotiating Committee would not recommend this proposal to the membership for ratification, and unless a more substantial offer is presented which meets our needs, the Company can anticipate a strike.  The Committee is urging all members to begin preparations for a strike, unless things drastically change at our session scheduled for Friday, November 7th.

We shall continue to keep the membership informed.

A & P Contract Negotiations Update

October 31, 2008 - After four negotiating sessions with your elected Officers, Union Staff Members, elected Contract Negotiating Committee and the A & P Tea Company, we are, unfortunately, unable to report any progress. The Company has refused to withdraw any of their counter-demands which are, in fact, concessions and givebacks. They still insist on the following:

1. Sunday as part of the work week at straight time.

2. Easter and Christmas Day to be staffed by inverse seniority.

3. All full-time employees to work at least one afternoon shift.

4. Co-pay for both full-time and part-time employees regarding the Welfare Service Program (medical coverage).

5. No future increases for Pension, which will necessitate a reduction of benefits.

6. No discussion at all of any wage increases for either full-time or part-time employees.

Your Committee became very militant, and threatened to walk out of the negotiations unless the Company addressed our demands. The Company spokesperson indicated that in reviewing the data submitted from our Actuaries, the increases necessary to fund our Medical and Pension Programs do not permit the Company to be competitive in the future. The Committee's position was that at the next meeting an initial offer from the Company must be submitted, or we will begin preparing for a strike.

Although these negotiations look bleak, your Committee is adamant to continue the battle for a settlement. Again, please let Management know that we are not afraid of a strike, and are ready to hit the bricks if we cannot achieve a favorable settlement. We will keep the information coming.

The next scheduled negotiating session will take place on November 5, 2008 at 10:00 AM.

A & P Contract Negotiations Update - 23 October 2008

October 24, 2008 - Our Local Union Officers and Contract Negotiating Committee Members met with Committee Representatives from the Great Atlantic & Pacific Tea Company in our third negotiating session.

President Niccollai, as the Union spokesperson, reviewed our demands with the Company and stressed the importance of the Company fully funding, without co-pay, our Medical Benefits and our Pension Programs. He also indicated that many of the positions taken in the Company's counter-proposals were being viewed as strike issues by the Committee.

He enumerated some of those issues as follows:

1. Sunday as part of the work week.

2. A requirement that we work Christmas and Easter.

3. Bonuses in lieu of wage increases.

4. Reduction of Medical Programs and Pension Programs.

In addition, President Niccollai presented the Company with a projection, from our Actuary, of the increases necessary to fund the Pension and Welfare Programs into the future.

After a break, the Company returned to the table and indicated that it would be necessary to review, in detail, the increased costs of our Pension and Medical Programs with their Actuaries and Accountants. The Company stated, further, that before any progress could be made on a contract, the information given would be "costed out" and reviewed.

Both parties then agreed to adjourn and meet again on Thursday, October 30, 2008, at 10:00 AM.

A & P Negotiations Proceed

October 17, 2008 - The Local 464A A&P Contract Negotiation Committee met in private session for 30 minutes prior to commencing its negotiations with representatives of the A&P Company. Direct cross table negotiations with A&P's representatives got underway at 10:50 AM and continued for several hours. The following status is delivered under the direction of President John T. Niccollai:

Your elected officers, union staff and elected Contract Committee wish to advise you that we have met with the A & P Company over two sessions (Oct. 2 and 16). At the first session (Oct. 2) the Union presented the Company with our contract demands, which were drafted based upon the information submitted at our Union Demands Meeting (Sept. 16). Our demands were reviewed and explained to the company. At the second meeting (Oct. 16) the Company presented us with an extensive list of counter-demands, concessions and givebacks, with a portion thereof presented as follows:

1. Sunday is to be part of the work week at straight time with employees working five 8-hour days, Sunday through Saturday.

2. All full-time employees must work at least one afternoon shift per week.

3. Stores open on Easter Sunday or Christmas Day must be staffed and inverse seniority will be used for scheduling.

4. Both full-time and part-time employees must contribute, on a weekly basis, to provide Welfare Service Benefits (medical coverage) and, in addition, employees must work a specified number of hours per week to be eligible for any Welfare Service Benefit.

5. The Company refuses to provide any increases in Pension contributions throughout the term of the agreement, which will necessitate a reduction of Pension benefits.

6. Eliminate any general wage increases for employees and utilize only a lump sum bonus program.

7. Eliminate general wage increases for all full-time and part-time employees unless certain hourly working minimums have been reached.

The Company indicated that the present economic conditions and competition from non-Union Employers necessitate the firm position thay have taken in submitting their demands. They have indicated that they do not intend to deviate from what they have placed on the table concerning counter-demands, concessions and givebacks.

It is obvious that we have a difficult battle before us in order to bring forth a contract worthy of ratification. Your Contract Committee is militant, working well together and intent on beating back the Company's demands. We do, however, need the help of all our Brothers and Sisters working in the stores by letting management know that we are determined, united and will strike, if necessary, to bring to fruition a fair and equitable contract.

We will continue to keep you informed, and those who are computer savvy should check this web site, www.ufcw464a.org, for updates. Talks will resume at the next bargaining session scheduled for Thursday October 23.

 A & P Contract Demands Presented to Company

October 3, 2008 - The A & P Contract Negotiating Committee met for two hours on October 2. The Committee reviewed and approved its list of demands and agreed upon the methods and procedures under which the negotiations would operate. Following this internal meeting the A & P Company representatives were called into the room and presented with the Union's list of demands

After each demand was explained the Company representatives said that they were not prepared to comment, but that they would be prepared to negotiate at the next scheduled meeting. The next meeting will take place on Thursday, October 16.

A&P Contract Demands Proposed

September 17, 2008 - At a well-attended and active meeting held September 16 in Little Falls, Local 464A members from North and South NJ and Westchester County, NY proposed issues to be considered during contract negotiations with A&P.  Negotiations for the new contract will commence on October 2 and the current contract expires on November 8, 2008.

President John T. Niccollai hosted the members and advised them that he expected the upcoming negotiations to be challenging. He said that he was disappointed with the financial performance of A&P particularly since the merger with Pathmark.

“We were hopeful that A&P would have held off with its expansion and purchase of Pathmark, at least, until they became profitable. Unfortunately, A&P’s stock value has been cut in half since that purchase. You can’t put two losing companies together and make a winner. A&P was not prepared to run some of the Pathmark stores, especially in the inner city locations and we are still not convinced that they have the proper game plan” Niccollai, nevertheless, expressed cautious optimism concerning the impending negotiations and told the members, “If we let them know we intend to achieve our goals, and we stand together then we will do well.”

Over twenty members then stood to express their individual concerns and propose various issues to be considered for negotiation. Health care, wages and pensions led the list, but other issues concerning sick days, bereavement time, job classifications and uniforms were also raised.

The meeting closed with the selection of the 2008 Negotiating Committee. 

Kings Super Markets, Inc. (Kings New Concept)

On October 29, 2007 the elected Contract Negotiating Committee along with the elected Officers of Local 464A, announced a unanimous vote to report and recommend the approval of the Company’s final offer submitted by Kings/Kings New Concept.

“Your elected Contract Negotiating Committee, through several weeks of hard-fought negotiations, is pleased to report that we were able to beat back all concessions and givebacks submitted by your employer. We are especially pleased to present this outstanding final contract offer which provides substantial improvement in the area of wages, increased funding for our health and welfare programs with no co-pay, and improvements in our Pension program for full-time and part-time employees close to retirement.”

Correspondence including a stamped self-addressed envelope containing a ballot and secret ballot envelope was sent to members on October 29, 2007. Members were urged to vote YES in favor of the final offer, to return the ballot immediately, and no later than November 8, 2007, in order to be counted.

The following committee members were commended for a job well done:

Kerry Alden
David Dunn
Kathleen M. Mangearelli
Manny Melon

Foodtown, Pathmark, Shop Rite, Stop & Shop

In June UFCW Local 464A commenced negotiations on behalf of 8,000 full and part time members working at the following companies:

• Foodtown
• Pathmark
• Shop Rite
• Stop & Shop

Almost half of the Local Union’s membership was involved with these Collective Bargaining Agreements. As expected the negotiations were extremely difficult. However, through intensive debate, the UFCW Local 464A Contract Negotiating Committee was able to beat back all concessions and givebacks sought by the employers. Further, the Committee successfully secured substantial improvements in wages, funding for health and welfare programs with no co-pay, and improvements in the pension program for full-time and part-time employees close to retirement. In a letter to members recommending the approval of the new contract, Local 464A President John T. Niccollai, Secretary-Treasurer Ramon Rando and Recorder Frank Hanley, Jr. wrote:

These accomplishments are most significant in light of the fact that many of our companies within the supermarket industry are experiencing financial difficulties and some of the recent UFCW contracts negotiated nationally contained co-payments and wage freezes.

On August 21 the companies’ final offer was submitted to the members for approval and on August 31 a final tally of votes resulted in overwhelming acceptance. See your Shop Steward or Union Agent for details of the Collective Bargaining Agreement.

The following Committee members are commended for a job well done: