TOPS JOBS ARE NOW POSTED HERE!!!

Please e-mail your questions to:  ufcwone@ufcwone.org
SCROLL ALL THE WAY DOWN AND SEE THE DOWNLOAD FOR A TOPS EMPLOYMENT APPLICATION AND TO SEE THE JOBS POSTINGS!

MARCH 5, 2010

How do Local One members employed or formerly employed full time by Penn Traffic but not offered full time employment by Tops, apply for future full time jobs with Tops at the former Penn Traffic stores?

 It is likely that a number of full time openings will become available as there will be those Penn Traffic employees who decline full time job offers from Tops Markets to seek employment elsewhere and/or retire. Tops has agreed that those vacancies will be filled through a job posting process by Local One Members who were employed full time by Penn Traffic and who were either offered part time jobs or not offered continued employment by Tops Markets.  (CLICK HERE TO SEE CURRENT JOB POSTINGS!)

 A full time opening in a former Penn Traffic store will be posted in all former and currently operating P&C and Quality Markets locations. The job will be offered first, based on fitness and ability, to former full time employees who were offered part time employment by Tops in the store where the vacancy exists, whether or not they accepted the part time offer. If no qualified former full time employee from within the store applies, the job will then be open to all other reduced or separated full time employees who are working or had worked in other former or current P&C or Quality Markets locations. In order to be considered for a position, you must apply for the job.

 How do I apply for an open position?

 If you are a current or prior member of Local One, employed or formerly employed full time by Penn Traffic but not offered full time employment by Tops, you may apply by one of the following:

·      If you are a current employee – Complete the Internal Application for Available Job (available at each store) and submit it to the person indicated on the posting.

·      If you are not a current employee – Complete the standard external Tops Application (available at each store or CLICK HERE FOR APPLICATION) and submit at the store to the person indicated on the posting.


How will Tops determine who gets the job?

 Tops Markets will make the final determination of whom they will hire based on fitness and ability. If fitness and ability are equal, the company has agreed that Penn Traffic seniority dates will prevail.

 

Should part time employees working in closing stores seek employment at stores that Tops will be operating?

Yes. Former part time employees of Penn Traffic should apply at their nearest Tops Markets and will receive previous experience credit towards their wage rate when hired. Active part time employees may also bid on any full time opening that is posted.

How long will Tops Markets continue to fill full time vacancies at former P&C and Quality Markets stores by giving preference to Local One members formerly employed full time by Penn Traffic?

Until January 28, 2011

 

March 5, 2010

It's Official Price Chopper Buying Five North Country Stores

Price Chopper Purchases Canton, Gouverneur, Massena, Potsdam, West Carthage plus a store in  Lincoln, N.H. 

We have been informed by Tops that the stores will be liquidated and turned over to Price Chopper before Easter.

 

APPEARED IN THE POST STANDARD NEWPAPER:

Union tells former Penn Traffic employees Tops isn't interested in North Country stores

The union representing former Penn Traffic supermarket employees is telling members Tops Markets will be closing or sellng a slew of North Country supermarkets and their jobs are in jeopardy.

The Oriskany-based union local, United Food and Commercial Workers Local 1, said the union was told by Tops that soon-to-be-former P&C Foods stores in Watertown, West Carthage, Gouverneur, Canton, Potsdam, Massena and Ogdensburg are "out of their footprint, and we are attempting to find a union buyer for these stores."

The union local posted its information on the union's Web site.

Tops acquired the 79-store Syracuse-based The Penn Traffic Co. Jan. 25 in an $85 million deal approved by the U.S. Bankruptcy Court in Wilmington, Del. Penn Traffic sought Chapter 11 protection from its creditors on Nov. 18, its third filing in 10 years. It told the court it wished to sell most of its assets in this filing.

During bankruptcy proceedings, Penn Traffic informed potential buyers, including Tops, it had some unprofitable or marginal stores. Tops acknowledged it would be closing or selling what the company has designated as "a handful" of Penn Traffic stores.

Tops has still not officially said which stores it will close or sell. Frank Curci, Tops' president and CEO, told The Post-Standard supermarkets on the outer fringes of Penn Traffic's retail footprint would likely be the stronger candidates for closing or selling. The North Country is part of that outer fringe.

Tops management continues to say it is evaluating all of the former Penn Traffic stores. The Federal Trade Commission is also still reviewing the Tops acquisition. Such a review is standard operating procedure when one company buys another that has overlapping properties.

The UFCW has told its members that it has been unsuccessful seeking a union-focused supermarket chain to bid on the P&C Foods stores in the North Country.

As for the store employees' jobs, the union is telling its members, "We have asked, and Tops has pledged that any Penn Traffic member that is displaced will be placed on a preferential hiring list for future openings at Tops. We have not been successful getting our members hired at many non-union retail grocers.However, we encourage our members to apply for jobs that may come available if these stores are sold."

In mid-December, Schenectady-based Price Chopper offered a bid of $54 million for 22 P&C Foods supermarkets, including some of those on the list that Tops is not interested in keeping, according to the union.  <READ NEXT STORY>

March 1, 2010

Price Chopper Suing Penn Traffic Over "Broken Contract"

Price Chopper Co. is seeking $1.62 million from Penn Traffic Co., claiming the bankrupt grocer broke a contract to sell it 22 stores.

Price Chopper, Schenectady, filed an adversary action Tuesday in U.S. Bankruptcy Court, Wilmington, Del., where Penn Traffic, Syracuse, sought bankruptcy protection in November.

Price Chopper had a pending $54 million deal with Penn Traffic to buy 22 of its 79 stores, including most of the P&C Foods stores in the north country. Stores in Watertown, Lowville and Ogdensburg were not part of the proposed deal.

A hearing on the approval of the sale was scheduled for Jan. 8, but that morning Tops Friendly Markets, Buffalo, submitted an $85 million offer for most of Penn Traffic's assets, including all of its stores.

February 23, 2010

What is the normal retirement age for Social Security?

Full Retirement and Age 62 Benefit By Year Of Birth

65
36
$800
20.00%
$375
25.00%
65 and 2 months
38
$791
20.83%
$370
25.83%
65 and 4 months
40
$783
21.67%
$366
26.67%
65 and 6 months
42
$775
22.50%
$362
27.50%
65 and 8 months
44
$766
23.33%
$358
28.33%
65 and 10 months
46
$758
24.17%
$354
29.17%
66
48
$750
25.00%
$350
30.00%
66 and 2 months
50
$741
25.83%
$345
30.83%
66 and 4 months
52
$733
26.67%
$341
31.67%
66 and 6 months
54
$725
27.50%
$337
32.50%
66 and 8 months
56
$716
28.33%
$333
33.33%
66 and 10 months
58
$708
29.17%
$329
34.17%
67
60
$700
30.00%
$325
35.00%

February 19, 2010

Will I get Unemployment if I do not accept Tops' offer?

If any of the Penn Traffic workers file for unemployment (UI), the issue will be whether the change in conditions of employment are so substantial that would give them good cause to refuse the new work.  Generally, reduction in wages would come into play if the wages offered are substantially less favorable than that which is prevailing for similar work in the locality.  This is not necessarily the same as the previous wage received.  Here is some information from Labor Departments Q and As online:

Q: What kind of work do I have to look for?

A: You must be prepared to accept suitable work while collecting unemployment insurance benefits. Suitable work is work for which you are reasonably fitted by training and experience. This means that you have to look for work in all your most recent occupations, especially if the prospect of obtaining work in your primary skill area is not good.
After 13 full weeks of benefits are claimed, suitable work will also include any work that you are capable of performing, whether or not you have any experience or are training in such work, unless you obtain employment through a union hiring hall or have a definite date to return to work. Such work must pay at least 80% of your high-quarter base-period wages. Any offered work must pay the prevailing wage for such work in your area. You must also be willing to travel a reasonable distance to obtain employment. As a general rule, travel of one hour by private transportation or one and one half hours by public transportation is considered reasonable.
Q: Does receiving a pension affect my benefits?

A: If you have retired and are not seeking employment, you are not eligible for unemployment insurance benefits.
However, if you are retired and are actively seeking work, you may be eligible for unemployment benefits under the same conditions as all other unemployed workers.
Your weekly benefit rate may be reduced, however, if:
you receive a pension from an employer for whom you worked in the 18 months before you filed your claim
and
that work made you eligible for or increased the amount of your pension
and
your employer contributes more than 50% toward your pension
 
The amount of the weekly benefit rate reduction is as follows:
    • If you did not contribute towards your pension, your benefit rate will be reduced by the weekly equivalent of your pension.
    • If you contributed less than 50% of the total value of your pension, the reduction is one-half the weekly equivalent of your pension.
    • If you contributed 50% or more or if you rolled your pension over to a qualifying IRA account, there is no pension reduction.
You must notify the Telephone Claims Center if you become eligible for a pension while you are receiving benefits. Failure to do so may result in you having to repay benefits you received. The Telephone Claims Center will make a determination of any reduction in your unemployment benefit amount.
 

February 11, 2010

How will Tops Markets determine my wage offer?

 

  1.  “Classified” positions:

Employees in “Classified” positions will be offered the rate as enumerated in the appropriate CBA with Tops Markets. “Classified” positions in the Tops Agreements are: Meat Manager, 1st Cutter, Journeyman Cutter and Produce Manager.

 

  1. Department Manager and Assistant Department Manager positions:

Department Managers and Assistant Department Managers will be offered the greater of either the top “Step” rate called for in the appropriate Tops Markets CBA or 80% of their existing rate with Penn Traffic provided that their length of service with Penn Traffic is at or above the length of service needed to receive the top “Step” rate in the appropriate Tops Markets pay scale. If length of service is less than that called for to receive the top “Step” rate, a wage rate corresponding to a Penn Traffic employee’s length of service will be offered. (Some job classifications under the Penn Traffic CBA’s, (for example Grocery Managers) are not recognized under the Tops Markets CBA’s. In such cases employees will be offered a comparable position, as it exists in the Tops operating structure.)

 

  1. Full Time Clerks:

*Full Time Clerks may be offered full or part time positions by Tops Markets based on operational needs and Tops’ staffing norms.

 

Full Time Clerks offered full time positions will be offered the greater of either the top “Step” rate called for in the appropriate Tops Markets CBA or 80% of their existing rate with Penn Traffic provided that their length of service with Penn Traffic is at or above the length of service needed to receive the top “Step” rate in the Tops Markets pay scale. If length of service is less than that called for to receive the top “Step” rate, a wage rate corresponding to a Penn Traffic employee’s length of service will be offered.

 

Full Time Clerks offered part time positions will be offered a wage rate determined by their total seniority with Penn Traffic as if they were part time from their date of hire with Penn Traffic. Their seniority date will be utilized as described below.

 

  1. Part Time Clerks:

Part Time Clerks will be offered in most cases the part time rate under the Tops Markets CBA that corresponds with their length of service with Penn Traffic. For example, if you have 18 months of service with Penn Traffic, you will be offered the 18 month wage rate as called for under the Tops CBA.

 

Part Time Clerks with at least three but less than six years of service with Penn Traffic will receive the top “Step” rate called for in the appropriate Tops Markets CBA.

 

Part Time Clerks whose length of service with Penn Traffic is at least six but not more than ten years will be offered $9.00/hour or 80% of their existing Penn Traffic wage rate, whichever is greater.

 

Part Time Clerks whose length of service with Penn Traffic is ten or more years will be offered $9.50/hour or 80% of their existing Penn Traffic wage rate, whichever is greater. 

 

 

5.   Those Penn Traffic employees who were provided “previous experience credit” towards determining their part time wage rate with Penn Traffic should contact their Union Representative as part time wage offers are being based only on length of service data as supplied by Penn Traffic. As such, an adjustment to the wage offer may be necessary.

 

February 10, 2010

Is there any program that Penn Traffic offered that Tops does not, like Aflac ?

Tops does not offer AFLAC, or United States Savings Bond program.

Will I have a probationary period with Tops ?

All new employees at Tops will have a 60 day probationary period.  The Tops contract has a 30 day probationary period with a 30 day extension.

 

February 9, 2010

I would like to apply for a job at Tops how do I get an application ?

You can fill out an application for Tops employment by downloading the application below and mailing it to:

TOPS Markets
Attn: Labor Relations Department
PO Box 1027
Buffalo, NY 14240-1027

SCROLL ALL THE WAY DOWN AND SEE THE DOWNLOAD TOPS APPLICATION

 

If I have deductions coming out of my Penn Traffic paycheck will it automatically be deducted out of my Tops paycheck ?

No. All deductions for Credit Union, Bank Payments, Insurance Programs, all need your authorization before Tops can deduct it from your paycheck.  Please let Tops know what you need deducted from your paycheck for your Empower Federal Credit Union obligations, or any deductions that need to be taken from your check.

 

February 8, 2010

When will our healthcare and prescription benefits run out with Penn Traffic, so I can get other coverage.?

If you work one day in any month, you are covered until the end of that month.  For example, if you work until February 12, 2010, your health care coverage will end on February 28, 2010.  You will be entitled for COBRA Benefits for 18 months, the Government will pay 65% subsidy if they terminate employment or retire facing a lay off, you are entitled to this subsidy, but you must leave by February 28, 2010.

 

February 5, 2010

If I am reduced from Full Time to Part Time, can I still collect my pension, and qualify to work at Tops?

Reduced Full Time employees who decide, and are eligible to collect their pension, must first accept the part-time position from Tops, apply for their pension with the UFCW Local One Pension Fund, and then let the company know the date they can start work.  For more information on this, email pension@ufcwone.org

 

If a Penn Traffic employee is offered a full time job from Tops and decides not to accept it, will Tops keep open the full time position?

Yes. We have worked out with Tops that any full time job that is not filled will be filled by Penn Traffic members who were reduced or from the preferential hiring list of Penn Traffic members who were employed in stores that will not be operated by Tops.

 

 

February 4, 2010
We were told to come to our store today to hear about what wage offer Tops was giving, and they couldn't tell us anything.  Why is that
?

UFCW Local One was still working out wages and conditions with Tops Mangement.  We are hopeful that by the morning Tops will be ready to get that information to each member that was scheduled for a meeting.  We will keep you informed.

Is Price Chopper buying the North Country Stores?

As you have heard, Tops is evaluating stores that it recently purchased from Penn Traffic that are outside of its core operating area.  As part of their evaluation Tops has asked our Local whether or not there are any union buyers for these stores; Watertown, West Carthage, Gouvenor, Canton, Potsdam, Massena or Ogdensburg

Today we have informed Tops that there is not a likely union buyer for these stores.  Consequently, it is likely that if Tops does decide to sell these stores it would be to a non-union buyer.  We have asked, and Tops has pledged that any Penn Traffic member that is displaced will be placed on a preferential hiring list for future openings at Tops.  We have not been successful getting our members hired at many non-union retail grocers.  However, we encourage our members to apply for jobs that may come available if these stores are sold. 

February 3, 2010

What stores are not going to operate as a Tops?

We have been told by the company that Frewsburg and Lakewood most likely will NOT be operated by Tops.  And there are some other stores that they are trying to negotiate new leases with the landlords.  As for the North Country stores, at this point in time, the company has informed us it is out of their footprint, and we are attempting to find a union buyer for these stores.  As we get information, we will post it online.

If my store is not going to operated by Tops, can I apply for a job with the company at another store?

As of yesterday, Tops was NOT taking applications because they were not capable of accepting applications for the acquired stores.  However, as of today, Tops WILL BE ACCEPTING APPLICATIONS, and you can fill out an application by downloading the application below.

February 2, 2010

Do I qualify for unemployment?  When should I file a claim? You should file your claim during your first week of total or partial unemployment - to delay may cost you benefits. If you have worked or will work four or more days or earn more than $405 gross pay between Monday and Sunday of the current week, you must wait until next Monday to file, if you are still unemployed.

If you apply for unemployment insurance benefits today, your claim will be effective the Monday of the current week.

If you have an Unemployment Question, please call 1 (888) 209-8124
or
1 (877) 358-5306 (out of NYS).

January 27, 2010

We are working through the approved filings and looking at the Transition Agreement between Tops and Penn Traffic.  We will keep all members informed of developments as it pertains to the transition process.

Frank DeRiso
Frank DeRiso
January 26, 2010

A U.S. Bankruptcy Court Judge has approved the sale of the 79 Penn Traffic Co. supermarkets and other assets to Tops Markets LLC.

Peter Walsh, a federal bankruptcy court judge in Delaware late Monday afternoon, approved Tops’ bid of $85 million, plus another $70 million in related financial incentives, for the Penn Traffic stores – including 13 Quality supermarkets in Western New York. Penn Traffic also owns the Bi-Lo and P&C Food Market stores.

The deal is expected to close Friday when the 79 Penn Traffic stores will merge into the Tops system.

Members will learn what stores will remain open and what stores will be closed very soon.

"This has been a long, hard fought journey.  We did our best to find a bidder that would save as many union jobs as possible, while trying to protect our pension and health care benefits."  Frank DeRiso said.  "Senator Chuck Schumer came through and really made a difference by getting GE Capital to give us more time.  We can't thank him enough".  DeRiso added.

**********************************************************************************

UFCW Local One, 23 and 1776 issued this joint statement:

"Thousands of UFCW members are hopeful that today's sale will give them the opportunity to maintain their jobs, their health benefits and pensions. Rebuilding this company is essential to the economic security of our communities, and will require a strong partnership between Tops Market and workers. While the challenges facing our economy capture headlines, this acquisition by Tops is a positive step toward keeping the working men and women of New York and Pennsylvania in good jobs."  

**************************************************************************

“We are very pleased the court has approved our comprehensive bid,” Frank Curci, Tops president and CEO, said in a prepared statement. “We look forward to the upcoming closing and the opportunity to bring the Tops Friendly Markets shopping experience to our new neighbors and customers.”

January 25, 2010

The bankruptcy judge has given its final blessing on the Tops buyout of Penn Traffic.  Final details of the plan will be released this week.

Frank DeRiso told reporters today,

"Thousands of UFCW members are hopeful that today's sale will give them the opportunity to maintain their jobs, their health benefits and pensions. Rebuilding this company is essential to the economic security of our communities, and will require a strong partnership between Tops Market and workers. While the challenges facing our economy capture headlines, this acquisition by Tops is a positive step toward keeping the working men and women of New York and Pennsylvania in good jobs."

 

January 21, 2010

Penn Traffic determined that no other qualified bids were received and cancelled the auction scheduled for January 21st. 

The deadline to file objections to the Tops sale motion has also passed.  Any such objections that are not consensually resolved will be heard and likely resolved at the sale hearing on January 25th. At the sale hearing the judge will decide on the sale of the company assets to Tops.

DOWNLOAD TOPS EMPLOYMENT APPLICATION AND JOB POSTINGS HERE:

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