President John T. Niccollai
AN IMPORTANT MESSAGE FROM PRESIDENT JOHN T. NICCOLLAI - MONDAY, NOVEMBER 9, 2020
MONDAY, NOVEMBER 9, 2020
KINGS BANKRUPTCY UPDATE
President Niccollai reported today that Kings Supermarkets is obligated, as a matter of law, to issue WARN Notices to those employees working at the six stores that remain unsold. The terminology comprising the makeup of the WARN Notice is unsettling and, obviously, we need to crystalize everything that is being done to protect the livelihoods of our Brothers and Sisters employed at those specific stores.
First, we need to point out that the sale consummated by ACME for the 27 Kings Stores was not a purchase of the entire Company, but rather an acquisition of assets under a “Where Is As Is” basis. What this means in layman’s terms is that ACME is buying those locations with the equipment and workforce as it presently exists. This type of sale could restrict our bumping rights under the contract, and may well place the entire sale to ACME in jeopardy if we seek bumping rights. Having said that, your Union is not content to just walk away from this issue without pursuing it further, and we may implement Federal Mediation to seek a more equitable solution. We have also demanded effects bargaining under the WARN Act, requesting severance pay and continued medical and pension coverage.
Apart from any legal or contractual remedies, we have been speaking with ACME about our Brothers and Sisters who may be displaced having a right to submit a resume to ACME for hiring in the stores acquired. In addition, we have been talking to our Major Chain Operators such as Stop & Shop, ShopRite, and Foodtown, and it becomes obvious that because of this continuing Pandemic and change in shopping and eating habits there is an increased need for additional knowledgeable people within their workforce.
We understand there are no words that can totally console any member who is threatened by the loss of his or her livelihood. What we seek to do is to let our Brothers and Sisters know that we are not cutting them loose, they are an important part of our family and we cannot rest until we have exhausted all courses of action to deliver a favorable outcome.
We will continue to post additional messages as we receive new information.
WORK SMARTLY – WORK SAFELY