TO: UFCW 8-GOLDEN STATE MEMBERS WORKING AT RITE AID
FROM: UFCW 8-GOLDEN STATE
RE: RITE AID CORPORATION, et al., CHAPTER 11 BANKRUPTCIES
In an effort to keep members informed as Rite Aid moves through bankruptcy filing in the United States Bankruptcy Court for the District of New Jersey, we want to share the information below; however, in most cases, individual active and retired Union members do not have to file a proof of claim.
The Bankruptcy Court has set the Bar Date in the Rite Aid case for January 12, 2024, at 5:00 PM EST. The Bar Date is the deadline by which anyone owed money by Rite Aid before the bankruptcy filing (October 15, 2023) must submit a form, called a Proof of Claim, to the Bankruptcy Court explaining the basis for the debt and the amount owed. In most cases, individual employees do not have to file a proof of claim. As described below, the UFCW has negotiated exceptions to the Bar Date for most employee claims, and UFCW 8-Golden State will file a proof of claim covering most other relevant claims. However, if you have an unusual claim that is not covered by the exceptions or UFCW 8-Golden State’s proof of claim, you will need to file a proof of claim by the Bar Date. If you do not file a proof of claim, you will give up the right to collect any portion of your unusual claim.
The Bankruptcy Court has ordered that no employee or Union needs to file a proof of claim for accrued but unpaid wages, benefits, PTO, or WARN Act claims. In addition, UFCW 8-Golden State will file a proof of claim to cover most other claims you may have against Rite Aid. UFCW 8-Golden State proof of claim should cover all the following:
- Severance pay
- Outstanding grievances and arbitrations
- Outstanding National Labor Relations Board charges
- Outstanding lawsuits filed by your Local Union
Contributions to benefit funds (filed by either your Local Union or the Fund.
You do not need to file a proof of claim for any of the above claim categories. If you have a grievance against Rite Aid based in whole or part for events that occurred before October 15, 2023, but the grievance has not yet been filed, please let UFCW 8-Golden State know as soon as possible.
If you think you have a claim against Rite Aid for something not listed above (for example, if you have filed a lawsuit against Rite Aid, if you have an open EEOC or equivalent state agency claim against Rite Aid, etc.), you probably need to file an individual proof of claim. If you have a lawyer for the matter, you should consult with that lawyer, and if you have a charge pending with a government agency, you should consult that agency. You probably should still file a proof of claim if your lawsuit or administrative complaint is still ‘in process.’ For example, if you filed an EEOC complaint against Rite Aid and the EEOC has not yet issued a decision, you should still file a proof of claim listing your EEOC complaint.
Again, you do not need to file a proof of claim for most claims you may have against Rite Aid. If you do need to file a proof of claim for a type of unusual claim listed above, it must be received by January 12, 2024 at 5:00 PM EST, and that deadline will not be extended. If you think you need to file a proof of claim, we suggest you reach out to UFCW 8-Golden State or an attorney.
If you have any questions about this or any other workplace issues, please contact your District Union Representative.