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The Cost of Unions: The Great Atlantic & Pacific Tea Co. Files For Bankruptcy

Is it a surprise that a union helped drive A&P into filing for bankruptcy?

The grocery industry is a highly competitive industry and, as so often is the case, those businesses that are saddled with extraordinary obstacles falter.

On Sunday, the 151-year old Great Atlantic & Pacific Tea Co., once the nation’s largest grocery chain and current operator of 395 grocery stores with 41,000 employees, filed for Chapter 11 bankruptcy. With $1 billion in debt, the company has struggled in recent years and has lost market share, making the bankruptcy filing all the more likely.

A&P, like most grocers, is struggling with the weak economy, reduced spending by consumers and intense competition. The company said aggressive competition from nontraditional food retailers like warehouse clubs, discount chains such as Wal-Mart Stores Inc., and dollar stores have compounded the problem.

The company reported revenue of $9.5 billion in 2008, which fell to $8.8 billion in 2009. And while the 2010 fiscal year is still under way, in its most recent quarter A&P reported that its net loss had doubled as revenue continued to sink.

It is also struggling with pension costs, lease costs for store locations it has closed, and a contract with C&S Wholesale Grocers Inc., which provides the majority of its inventory, which it has been unable to negotiate down to lower costs.

A&P also has one of the most heavily unionized work forces in the business, with 95 percent of its workers covered under collective bargaining agreements. It said in its filing it would seek to work with the unions to lower those costs.

The United Food & Commercial Workers represents nearly all of A&P’s workers in 26 UFCW locals throughout (primarily) the Northeast. On Friday, in a statement to its members on its website regarding the rumors of the impending bankruptcy filing, the United Food & Commercial Workers, Local 342, laid the blame for bankruptcy wholly at the feet of management:

Although bankruptcy is a fearful thought, in some cases it could be a positive thing to keep the company alive and operating while going through the restructuring process. We believe that filing for bankruptcy is the intent of the company based on the analysis from our financial expert. Your concerns and your worries should be put in the form of a question; we should not be attacking each other or blaming any one company for this occurrence. We believe that this is the result of poor management over the course of many years by the company.

Separately, UFCW Local 1262 in New Jersey ripped into the company for the timing of its bankruptcy filing:

Harvey Whille, president of the UFCW Local 1262 in Clifton, which represents 4,000 Pathmark employees in New York and New Jersey, blasted the company for filing for bankruptcy so close to the holidays.

“You’ve got people who have given their lives to this company,” Whille said, adding: “It’s a very frightening thing.”

Whille, who said the company had yet to officially notify his union Sunday, said the union had retained a bankruptcy attorney and financial analyst.

“We’re going to protect the rights of our members to the fullest extent of the law,” Whille said.

Among the issues it cited for its bankruptcy filing—industry competition, paying leases on “dark stores,” and problems associated with supplier and service contracts (with unionized companies)—was the cost of its own unionized workforce. As 95% of its workforce is covered by contracts with the United Food & Commercial Workers, as it explains in its filing with the Court, A&P’s liabilities were only going to increase:

In addition to their specific obligations under the GHI  contract, the Debtors are parties to approximately 39 separate collective bargaining agreements (covering approximately 95 percent of the Debtors’ workforce).

Among other things, these agreements require the Debtors to make significant pension, and health care-related contributions on their employees’ behalf.  The Debtors believe these legacy obligations will continue to increase over time. Certain of the Debtors’ multi-employer pension plans have already reached “red” or “yellow” status under existing regulatory requirements, and the Debtors have recorded for a liability $97 million from previous pension fund withdrawals, as of September 11, 2010. The Debtors may have a potential additional withdrawal obligation of up to $50 million payable over a period of up to 25 years in the future. The Debtors believe their collectively-bargained wage, pension, and health care obligations place them at a competitive disadvantage and are unsustainable at existing levels.

For the time being, the company does plan on keeping its stores open, having secured $800 million worth of financing.

A&P secured $800 million in debtor-in-possession financing from JPMorgan Chase & Co. and will have immediate access to a $187 million loan and $200 million in letters of credit, allowing it to keep stores open, according to the filing.

In the meantime, the UFCW will likely continue blasting the company to its members and the public at-large, while ignoring its own culpability in helping to drive A&P into bankruptcy.

[Emphasis added throughout.]

_________________

“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

X-posted.

COMMENTS

  • gwalt

    A&P was the first grocery store my parents shopped in when they moved to this country. They went from Stalin and famine to A&P.
    What a country!
    Now these mini-Marxist called Unions are at it again. How do we stop them?

  • E Pluribus Unum

    Interesting that a tapeworm with no brain, just a neural net, has more sense than a union.

    • http://theminorityreportblog.com Repair_Man_Jack

      A&P was supposed to be TBTF and get its fat envelope. If this wasn’t in the forefront of their plans, it was in their self-conscience somewhere….

      • E Pluribus Unum

        ….that might have been a winning bet .

    • http://www.laborunionreport.com LaborUnionReport

      Simply brilliant! ;)

      • E Pluribus Unum

        I was a biology major. I just can’t help it!

        Many thanks, LUR. Fellow TLAs have to keep each others backs.

    • http://thesandsinstitute.org Vassar Bushmills

      Bureaucracies in general, the unions in specific…and no, they are not dissimilar when “benefits” are involved…do seem to have singular willingness to kill the host rather than let go. Our only remedy is to make sure they die with the host.
      VB

      • E Pluribus Unum

        After a few unions kill their hosts and die themselves, maybe unions will get smarter. Doubt that, though.

        Better solution: companies develop a vaccine that kills the parasite. Vote for, fund, and support conservatives, maybe?

        • http://thesandsinstitute.org Vassar Bushmills

          …and we have the antidote. It’s our job to make sure we keep it in the icebox.

    • dudette

      a neural “net” makes it sound like they all work as fry cooks at Burger King

  • conservativecurmudgeon

    Paying people to not work doesn’t work.

    Pensions, unemployment compensation, union dues, and so on do not add a single profitable dollar to the corporation you now trash. They are a sucking open chest wound. Granted, the young heirs of the Hartford fortune didn’t help matters, but this is an astonishing fall for a company that was once the subject of anti-trust hearings before the US Congress.

    A&P also owned Farmer Jack in the Detroit area, until the 47-store chain was shuttered in 2005 because the the UFCW wouldn’t renegotiate their contract (after having been out on strike for several months) to fall in line with other Michigan grocery chains, most notably Meijer, and Spartan Stores. Obviously, they are applying the same approach of this success to the rump of the A&P chain that worked so well for Farmer Jack.

  • redarashi

    solely responsible for their own retirement, just like the rest of us grown ups.

    • E Pluribus Unum

      I doubt that it’s attainable to ban unions entirely, and in their most basic form, it’s a freedom of association question.

      But taking away the use of government as a weapon at the disposal of unions, that is in my mind at least something to aspire to.

    • doubledok

      We are NOT in charge of our own retirement!
      The massive parasite of government is in-charge of ALL retirerment!
      401K seizure imminent, Social Scurity broke and growing, deficit obviating uncollectable government pensions, hard assetts threatened by abject forsight in government, invasive species (aka rillegal aliens) sucking the blood out of the collective future ETC!
      Growing-up has become a regulatory impossibility.

  • http://zillablog.marezilla.com zilla

    The A&P sells all their stuff at much higher prices than other grocery stores here in NY’s Hudson Valley. Now I know why. Thanks, unions!

  • thurman

    I have gotten grief for it, but for the last several years I’ve tried to avoid spending my money on union-infested companies across the board

    It’s time for us conservatives to start using our purchasing power to punish the unions, and punish liberal businesses (just like the Left does for conservative businesses)

    Some people are critical of me for punishing companies that have been forced to deal with unions, but I’d rather have my money go to non-union workers in the end

    • http://charlemagne-the-hammer.blogspot.com/ DerKrieger

      …that’s why I’ll never buy an American badged vehicle. At least not until the UAW is relegated to the ash heap of history.

  • streetwise

    A sad turn of events for a venerable institution

  • Jack_Savage

    And the parasites look for a bailout.

    Every industry or company in this country that finds itself in trouble has one thing in common – unions. And the idiot leftists are scratching their heads wondering why manufacturing jobs have left the U.S.

    • E Pluribus Unum

      That’s why, if LaborUnionReport didn’t exist, God would have had to invent him..

    • JSobieski

      Building a plant requires all sorts of different permits. Opening up an IT consulting business or financial services company involves far fewer rules, far fewer regulations, and far fewer costs.

      Making matters worse, manufacturing busineses pay more taxes than other types of businesses even though manufacturing provides low skilled workers with the opportunity to make real money.

      For example, the state of Michigan gives tax credits to the film industry on anything they purchase, while companies like GM and Ford pay “personal property taxes” (i.e. taxes on equipment) whether the equipment is in use or not.

      Manufacturing is a complicated story. Laws and regulations make each step of a business process more complicated, and manufacturing involves more steps in the process than say selling bonds.

      Manufacturing output in the US isn’t actually as bad as people say, its just that the number of people involved in manufacturing is less and less.

      China is losing manufacturing jobs as well . .. to technology.

      What unions are absolutely guilty of is creating an entitlement mentality in people who actually have (on average) the least to offer. That entitlement mentality has crippled our politics as well as our economy.

      • audax

        US manufacturing is still the WORLDS MOST productive per capita and it isn’t even CLOSE! See my first Diary on this….http://www.redstate.com/audax/.
        The rest of the world has many years to go to catch up. My forcast: American manufacturing stays strong, and more productive, than ANY other in the world for a very long time!

      • Common_Cents

        I built a 70,000 sq ft facility in rural America with a napkin plan and nothing much in permits. Small town USA is willing to work with you.

        the larger cities are nightmares however. I attended a zoning meeting in St. Paul MN about moving a mfg biz into the area (cheap cheap comm RE lease) the city had about 9 heads of different departments cross examining me! after a thorough probing and reaming, at the end they had the gall to say they looked forward to us bringing jobs to the city. I had to bite my tongue.

  • mkozikowski

    Can take their argument right down to the unemployment line with the rest of the nonworking Americans.

    Unions will be the absolute fall of this country. It is a shame that We have to watch it happen right in front of our eyes.

    But like a parasite, sometimes the only way to kill it is to kill the host. Or bring it so close to death that the parasite can no longer stay.

    So, we will buy from China and Brazil and India until all manufacturing is dead in the USA. Then, and only then will we have the power to come back without the CANCER (A.K.A. Unions).
    It will hurt. But it is the only way to avoid the E.U. issue in America

    • audax

      USA is still the Largest Manufacturing Economy in the WORLD! USA is still the largest consumer market in the world! When you look at the numbers per capita, China falls even further behind. India is a non starter. Get real people.

      Country 1990 1995 2000 2005 2006 2007 2008
      USA 1,041 1,289 1,543 1,624 1,712 1,756 1,831
      China 145 300 484 734* 891* 1,106* 1,399**
      Japan 810 1,219 1,034 979 927 923 1,045
      Germany 438 517 392 571 608 711 767
      Italy 240 226 206 295 302 345 381
      United Kingdom 206 218 226 264 295 323 323
      France 200 233 190 255 255 287 306
      Russian Federation 120 64 45 124 157 206 256
      Brazil 120 125 96 137 163 201 237
      Korea 66 131 136 211 234 260 231
      Spain 112 104 98 160 170 196 222
      Mexico 62 67 133 154 175 182 197
      Canada 92 100 129 168 182 197 195
      India 51 61 69 122 141 177 188

      • audax
      • gekster

        if they didn’t pay union dues.
        Does it amount to more than a 2% SS tax deduction.
        If you are a union rep, you shouldn’t be paid.
        No union sponsered car.
        No union conventions. How much do those cost.
        You are for the worker getting the most possible money, so no dues so they get more.
        Would the union bosses be willing to do the same thing if they don’t get paid for union work, instead of only get paid for actual work.
        And don’t the union “elite” get paid more than the workers they represent?
        Get paid by the employer only.
        No secretaries paid by the worker.
        Only do union work because they think it is right and not because they get a cushy, no work job.

      • http://www.laborunionreport.com LaborUnionReport

        All too often the “death of manufacturing” in the U.S. is taken to mean all manufacturing when that is not true.

        To put into perspective what it meant, I’ve used this slide in a couple of posts, but it is from a presentation Andy Stern gave in 2005.

        http://www.1-888-no-union.com/images/350_Stern_Slide.jpg

        It’s been a couple of years since we pulled the numbers to see if it was still trending like Stern’s slide showed, and it was.

        • audax

          …I did my first Diary ever trying to put it into perspective.

        • audax

          http://www.redstate.com/audax/

          Infrastructure: The United States

    • audax

      see here…http://www.redstate.com/audax/

  • bk

    I seem to recall quite a few years ago that A&P decided to close stores scattered more or less across the country. This actually made things worse, as they still needed distribution over most of the country, just to fewer stores in each area.

    Now they’ve gone regional it appears, all in the mid-Atlantic and northeast. Closing 100 of the 400 stores left seems to be just buying time for a company whose time has passed.

    Of course from a union point of view, they see the $800M infusion as a pot of money they want to get their hands on. Who cares if they are shooting themselves in the foot.

    • http://www.laborunionreport.com LaborUnionReport

      There are four major factors that management is attributing to its debt problem:

      Legacy costs of leasing “dark stores”;

      Bad contracts with its suppliers & service vendors (both of which are Teamster-represented companies);

      The UFCW contracts.; and…

      Competition.

  • taxpayer1234

    It was my grandma’s favorite. Though she and my grandpa were dyed-in-the-wool Democrats, and my grandfather actually started a union (Great Lakes shipmasters), they’d both be appalled at the short-sighted selfishness of today’s unions.

  • bobojake
    • izoneguy

      Can all the ex-A&P employees go to work for GM???

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
    • audax

      Unions are NOT driving jobs from our shore! Union ewmbers made up 11.6% of the manufacturing base employment in 2006, and FALLING

      Driving business from our shores are such things as:

      1.) high national, state and local, tax rates,
      2.) excessive business regulation,
      3.) excessive environmental regulation
      4.) an unpredictable tax and regulation scheme for future productivity gains,
      5.) maybe unions are down here some place.

      America is BY FAR the largest consumption and manufacturing economy in the WORLD! We just need government to get out of the way and let the economy continue to be the wonder of the world!

      • http://www.laborunionreport.com LaborUnionReport

        You need to study the costs of unionization (even absent wages and benefits) on a firm.

        Studies typically place the “union tax” on a firm at between 15-25%, above wages and benefits.

        Even here in the U.S., Boeing’s move to SC had everything to do with the Machinists not agreeing to labor peace (a no strike pledge)…another cost.

        • audax

          ….the top four reasons I give are more reasons manufactyrers will move off shore AND out of right to work States.

          • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

            I would have a question: When companies that are unionized or threatened with same decide to relocate, do some decide to go offshore because the even lower wages there all ow them to recoup moving costs whereas the wages and other costs of relocation in a RTW state would not allow for such recoupment?

          • audax

            …when Slovakia moved to a 19% corporate and personal flat tax. Many Austrian manufacturing companies moved across the border to Slovakia. This caused Austria to lower their corporate tax rate to 25% making Austria more competitive and the move less profitable unless the business was very labor intensive, then Slovakia’s lower wage rates and highly skilled labor force still offered some competitive advantage.

        • audax

          Stealing union dues from members and using those dues for political activity is far more dangerous to America than organizing in the manufacturing sector. Manufacturers have the chose of moving to a R-T-W State, like Boeings choice of moving to SC. At least they didn’t move here to Slovakia where wage rates are even lower…LOL! Heaven forbid USA loses the 22 States allowed Right-to-Work laws!

      • http://www.laborunionreport.com LaborUnionReport

        4.) an unpredictable tax and regulation scheme for future productivity gains,

        Tax and regulatory instability didn’t arrive in earnest until 2006, unions have been losing manufacturing jobs since the 80s.

  • http://reaganiterepublicanresistance.blogspot.com/ reaganiterepublicanresistance

    We called them “Aches and Pains” because working with the entrenched, lazy, and un-fireable union staff and ludicrous work rules ( we couldn’t move a can on a shelf when changing the display or section, we had to get a union guy to put it where I pointed… and if they’re busy, we just sit there waiting)

    Having a pension guaranteed for working in a grocery store is insane… their margins are 1% at best!

    Of course, none of them where happy with thier overpaid, protected postions… instead, they were stuck cuz they couldnt leave such a union job and give it all up… and of course got more and more of an “us vs them” attitude every day

    Not to mention the new, non union stores had a bunch of pretty girls on the registers… while the union staffs were largely in their 50s and 60s, and new hires quite rare as in Europe and other places overly protective of those who already have jobs… and often at the expense of those who don’t.

    And of course the customers hated the atmosphere… why get treated poorly by a surly, USSR type staff when you could go to the mega mart, save money, etc?

  • republicanconscience

    Unions are a cancer. Often smoking, excessive sun shine, asbestos, or working with carcinogenic materials causes it, by behavioral events controllable at the time. The Union Cancer in business is caused by bad management. A&P exercised the bad management that caused the advent of their union cancer. However, the unions still kill the entity. Once you are diagnosed, you cannot go back 30 years and quit smoking.

  • bay0wulf

    Did you know that the A&P was once a major player in one of the largest drug cartels in the world? Yup! That’s right! Drug Cartel (at least, these days we call them drug cartels).

    Once upon a time they were known as the “Great Atlantic & Pacific Tea Company” and, in order to get that tea, they had to trade opium to the chinese. The Chinese Government declared the opium trade illegal and punishable by death but the people would only trade for that … so the A&P traded drugs for … welll … drugs (Tea is a drug … caffeine).

    Funny how this works. Its not a surprise that the A&P is being brought down by unions. Unions are pretty much poison to everything they touch … sooner or later.

    I feel badly for the people who work for the A&P but … honestly, once again, its their own fault. While they don’t make as much as auto workers do, they are, in general, overcompensated for what they do. This should not be considered odd since unions are overcompensated for what they do also.

    Funny. Unions are just like drugs. They make you feel wonderful … and things look better … for awhile … but just like drugs they are slowly draining your ability to survive. Only union members don’t feel it because the victim, the one who has to pay for their … indulgence … is their employer. Its a parasitic thing … NOT symbiosis as many people profess.

  • gunsrus

    Nobody wants to pay dues or bother with Union politics without reason.

  • arnold1

    should unionize!

  • Common_Cents

    Growing up there was a family friend who was a union cashier at a local grocery store. I remember she made great money 40k a year plus health plus pension. I always scratched my head on that one until later in life.

    A father of an ex GF was a union steward for an airline baggage union. He was a total brainwash. He always talked about what benefit the union will go for next. Never said a word about efficiently getting bags where they needed to go. Most people in the union will never learn as they have drank too much kool aid. They’ll still be bitter after they suck their company dry and sit there out of a job. Never looking at their own union for a cause.

    Having said that. Management at companies have to be held responsible for agreeing to unsustainable unhealthy union contracts for the company’s future.

    • http://theminorityreportblog.com Repair_Man_Jack

      The unions could demand what they wanted, the management could tolerate what it would. The customers then decided if the enterprise deserved to stay afloat. As Archie Bunker used to sing ‘Those.Were.The.Days.”