On Tuesday, January 9th, UFCW Local 152 received an email from the company’s legal counsel, Adam Santucci, informing the Union that instead of obeying the law and immediately giving what is contractually owed to our members, the Company would be “evaluating options . . . including a possible appeal.”

Our legal team responded to this insolence with a strongly worded letter, which can be viewed in its entirety here.

A snippet of the letter can be found below:

“Dear Mr. Santucci:

… The Company has had nearly a year to evaluate its options in this matter. Anything short of the Company’s immediate compliance to the Award’s mandates is in bad faith and an egregious assault on the Company’s hardworking employees. The Company’s continued conduct in this matter, including the implication that the Company may seek a frivolous action to vacate the Award, is patently shameful.

… The Company had its opportunity to litigate its position in arbitration, the parties’ contractually agreed upon dispute resolution procedure. That position was overwhelmingly rejected by Arbitrator Buchheit in a well-reasoned Award sustaining the Union’s grievances. The Company’s dissatisfaction with this result is not a valid basis upon which to vacate the Award, and any attempt to vacate or refuse to comply with the Award will be futile, wholly without merit, and have no sound basis in law. The Union is simply insisting that the Company comply with its agreements and promises to its unionized workforce in Clayton, Delaware.

Should the Company take any action other than immediately complying with the Award and making the Union and bargaining unit whole pursuant to the terms of the Award, the Union will aggressively pursue all appropriate remedies, including but not limited to seeking damages, costs, and all attorneys’ fees.

Be guided accordingly.

Very Truly Yours,
O’BRIEN, BELLAND & BUSHINSKY, LLC
Mark E. Belland, Esquire”

UFCW Local 152’s Executive Assistant to the President, Daniel Ross Jr., sent the following letter to David Shaqfeh, President of Hanover Foods, demanding President Shaqfeh honor the Arbitrator’s Award!

The letter reads as follows:

“Mr. Shaqfeh:

I am writing you in reference to Arbitrator Buchheit’s Award dated January 3, 2024. As you are aware, the Award requires that Hanover Foods is to make whole all affected employees of the bargaining unit in Clayton, Delaware retroactively to January 1, 2023. 

Hanover Foods proudly publicizes their Core Values of “integrity, transparency, and responsiveness.” As such, Local 152 anticipates that Hanover Foods plans to fulfill this obligation as soon as possible. In accordance with the Award, and to help facilitate resolution, Local 152 is prepared to work with Hanover Foods to ensure the calculations and adjustments are consistent with the terms in the Memorandum of Agreement executed by the parties on February 4, 2023.

I look forward to resolving this matter in a timely and professional manner. Please note if Hanover Foods fails to fulfill this responsibility, Local 152 will have no choice but to pursue any legal actions necessary to protect the rights of our members at Clayton.

Sincerely,
Daniel Ross, Jr.
Executive Assistant to the President”

UFCW Local 152 will not stop fighting for justice for our members at Hanover Foods. We will not stop until our members receive the funds rightfully owed to them!