Safeway Judicial Review: Frequently Asked Questions

Teammates,

We have been receiving many questions since our last Safeway Talks communication. Many employees are asking why the Company challenged the November 20, 2023, Final Offer Selection (FOS) decision, in the first place. As we have mentioned previously, the FOS decision put significant financial pressure on our business and if left unaddressed, would have continued to impact the competitiveness and long-term viability of Safeway.

The FOS decision was overturned in part because of inaccurate and irrelevant information submitted by your Union. The court recognized that the Arbitrator’s wage decision was “based on facts not supported by the evidence.” Further, the judge recognized that the Arbitrator’s decision was “unreasonably” based on market comparators of which “none are part of Sobeys’ competitive climate.” 

We had no choice but to take action on the FOS decision to protect the Safeway business.

We have contacted your Union and provided a number of dates for the parties to meet and discuss a resolution that could benefit all parties.

We urge you to fill out the Union’s survey; encouraging the Union to meet with the Company.

We are confident that we have the ability to reach a deal that works for all employees; including employees who are not at top-rate or overscale. This is why it is in the best interest of all employees, for the Company and the Union to meet.

We will continue to keep you updated as we proceed. In the meantime, here is an FAQ document that addresses the questions that have come to our attention.

Frequently Asked Questions – Alberta Safeway Judicial Review Next Steps

Q: What is a Final Offer Selection (“FOS”) and how did it affect me?

A: Final Offer Selection (FOS) is the legal process that was written into the Collective Agreement after the last round of negotiations. The language in the Collective Agreement was agreed to by the Union and the Company and was ultimately ratified by employees in 2020.

The FOS language in the Collective Agreement states that if the Company and the Union are unable to come to an agreement regarding top-rate and overscale wages for the 2023 and 2024 wage reopener, an Arbitration will occur. The Arbitrator essentially acts as the ‘judge and jury’ and must choose between the Union’s wage position or the Company’s wage position.

The Final Offer Selection Decision came out on November 20, 2023.

 

Q: What is a Judicial Review and why did the Company pursue it?

A: A Judicial Review is an application to the Court to have an arbitration award overturned.  We challenged this award because the FOS decision put significant financial pressure on our business and if left unaddressed, would have continued to impact the competitiveness and long-term viability of Safeway.

The Judge overturned the FOS decision in part because of inaccurate and irrelevant information submitted by your Union. The court recognized that the Arbitrator’s wage decision was “based on facts not supported by the evidence.” Further, the Judge recognized that the Arbitrator’s decision was “unreasonably” based on market comparators of which “none are part of Sobeys’ competitive climate.” 

We had no choice but to take action on the FOS decision to protect the Safeway business.

 

Q: What did the Court order?

A: The Court overturned the FOS decision and ordered the FOS be reheard. In the Judge’s ruling, he specifically noted that the Arbitrator unreasonably based the decision on market comparators which were not part of our competitive climate. In addition, the Arbitrator based her decision on inaccurate information provided by the Union with respect to one of our competitors.

 

Q: If the Company reverts wages back to pre FOS rates, can they legally collect the over payment and for what period of time?

A: Yes. With the overturn of the FOS decision, it means the decision is no longer in place and the Company can revert wages to what they were prior to the award. In addition, the Company can collect the over payment from August 2023 up to the date of the Judicial Review (October 18, 2024).

 

Q: The Union has stated they are appealing the Judge’s decision, what does this mean?

A: The Union has made an application to the Court of Appeal. This means that another hearing will take place. The Union is asking that the Court of Appeal reinstate the Arbitrator’s ruling or, in the alternative, have the FOS go back to the same Arbitrator.

 

Q: How long can the Appeal process take?

A: Hearing dates for matters such as these typically take a long time to get booked. Our best guess is that we will be booking dates into the fall/winter of 2025. This is yet another reason why we believe it is in the best interest of all teammates for the Company and the Union to meet to discuss a resolution that could benefit all parties involved.

 

Q: Who are the relevant competitors for Safeway in Alberta?

A: There are many competitors in Alberta in the grocery industry. In the full-service grocery segment, the major competitors are Sobeys, Safeway, Walmart, Real Canadian Superstore, Co-Op and Save On, amongst others.

 

Q: Why isn’t Metro in Ontario a relevant comparator?

A: Metro operates grocery stores in Ontario and Quebec. They do not compete in the Alberta grocery market.

 

Q: When is the earliest that bargaining for a new Collective Agreement could commence?

A: The parties can voluntarily agree to commence bargaining for a new Collective Agreement at any time. But the only way one party can force the other to the table is by serving a notice to commence collective bargaining. The Collective Agreement provides that the earliest either party can serve notice to commence collective bargaining is 120 days prior to the expiry of the Agreement (August 9, 2025), which would be April 11, 2025.

 

Q: When is the earliest a strike could occur?

A: A legal strike can only take place after a legal strike vote has occurred. A legal strike vote can only take place after all of the following has occurred: a notice to commence bargaining has been provided, the Collective Agreement has expired (August 9, 2025) and bargaining has occurred.

 

Q: Will the Company revert wage rates and take back overpayments?

A: We need to act quickly to address this challenging situation. We have advised UFCW 401 that we will hold off on taking any action on wages until January 26, 2025 in order to provide time for the parties to find a solution. If one cannot be found, the wages would revert on January 26, 2025 and the Company will seek to collect the overpayments.

 

Q: How will the collection of the overpayments work?

A: The Company will follow its normal process of sending individual letters to employees, outlining the overpayment and providing various options for repayment.

 

Q: I don’t want my wage rate to change or an overpayment to be collected, what can I do?

A: It is very important you speak with your Union representative and encourage them to negotiate with the Company.

We urge you to fill out the Union survey; encouraging the Union to meet with the Company.

 

 

Decision Made: Challenge of the Wage Reopener Ruling

As you are aware, we challenged the Arbitrator’s ruling on the Wage Reopener and we’re committed to keeping you informed on the process. As a reminder, we challenged this ruling because it put us in an uncompetitive position in the Alberta market, with top-rate wages more than 8% higher than our major competitors. We had no choice but to continue to work through the process to protect our Safeway business.

Today, we received news that the Judge determined that the Arbitrator made multiple errors in their decision, including the error of relying on wage settlements that were not part of Safeway’s competitive environment and information that was factually incorrect.  As a result, the Judge has overturned the Arbitrator’s decision and has ordered that the matter be heard again in a new arbitration.

The court recognized the errors and we are optimistic that the new Arbitrator will focus on the Alberta market and the competitive landscape in which we operate.

We recognize that this decision will cause uncertainty for our top-rated teammates. We assure you that we will share more on our path forward in the coming days.

Let’s fundraise — our Family of Support checkstand campaign starts today!

Today we kick off our fifth annual Family of Support fundraising campaign (September 19 – October 6) in support of Canadian children’s hospital foundations.

Since 2020, Family of Support has raised and donated $17 million to 13 children’s hospital foundations. These funds have helped to:

  • add dozens of treatment spaces
  • train nearly 13,000 mental health professionals and community care providers
  • treat and assess over 150,000 children and youth

These assessments are the first step to help connect kids with the right support, while the training of providers helps ensure sound, evidence-based care. The number of patients served reflects our commitment to support our partners as they meet the surging demand for mental health care.

Watch our revamped Clear the Clouds TV spot that shares the difference we’re making. These aren’t just numbers or stats — these are lives changed.

A big thank you to you, our Safeway teammates, for leading the charge in raising crucial funds to help provide mental health support for kids when they need it most. Every dollar raised will stay local, directly benefiting children’s hospital foundations in your community.

We’re so grateful for everything you continue to do to make this campaign a success!

Resources:

  • Learn more about Family of Support at familyofsupport.com.
  • Sign up year-round for our Healthier Tomorrows Giving Program, where you can donate directly from your paycheque to your choice of over 30 charities, including the 13 children’s hospital foundations we’re supporting through Family of Support.
  • Your wellbeing, and the wellbeing of your family, is so important to us. If you’re feeling overwhelmed or need support, please visit sobeysmentalwellbeing.com. For immediate help, text WELLNESS to 741741 or call 911 if you or someone you know needs urgent assistance.

Why challenge the Arbitrator’s ruling?

As shared with you in August, top-rated teammates were awarded their second wage increase. This said, Safeway continues to challenge the Arbitrator’s ruling on the Wage Reopener, and there may need to be difficult decisions taken.

It can’t be reiterated enough that the wage increases for top-rated teammates have negatively impacted the profitability of the stores and resulted in many locations becoming unprofitable. Safeway is now in an extremely uncompetitive position compared to the rest of the Alberta grocery industry.

As a result, the organization is required to assess if further action is needed to address this challenging position. All options are being considered including closures, conversions, and hours reductions — any of which could result in the potential loss of jobs.

Having to make any of these choices would be extremely difficult, and the organization doesn’t take the evaluation process lightly given the potential magnitude of impact. It’s because of this reluctance to make any of these tough choices that Safeway has no other option than to continue to challenge the Arbitrator’s ruling.

Further updates and details on the judicial review process and any difficult choices that must be made will be shared with you.

Safeway Talks Scene+ Points Giveaway: September 23 – October 13

Signing up for the first time? Click here!

Already registered and want a shot at winning? Click here!

 

What’s up for grabs? You have the chance to win 5,000 Scene+ points!

Fifty (50) lucky Safeway teammates will be randomly selected, and their Scene+ points will be deposited into their account.

Click here for full contest Rules and Regulations.

Good luck!

NO PURCHASE NECESSARY. Contest runs from September 23, 2024 and ends on October 13, 2024. Open only to Safeway Teammates who are Safeway Talks members and legal residents of Alberta who have reached the minimum legal working age in their province of residence on the date that they entered the Contest. There are fifty (50) prizes to be won. Each prize consists of one (1) 5,000 Scene+ points (ARV $50.00 (CAD) each). The prizes have no equivalent cash value, are non-transferrable and no substitutions will be made. Correctly answered skill testing question required. Odds of winning depend on the number of eligible entries received.

Last chance! Share words of encouragement for our athletes to win a Feed The Dream lunchbox!

As the much-anticipated Paralympic Games kicked off last Wednesday, we picked things back up with our Feed The Dream lunchbox contest. And in the midst of all the excitement, our Team Empire Paralympic athletes have earned three medals so far!

If you haven’t entered the Feed The Dream lunchbox contest yet, this is your last shot! You have until the Paralympic Closing Ceremony on September 8 to share words of encouragement for our Team Canada Paralympic athletes.

Just head on over to the Teammate Hub to enter today!

And remember, if you entered the contest during the Olympic Games, but haven’t yet won a lunchbox, you’re still in the running to win (no need to enter again!). Following the Paralympic Games, 500 additional lunchboxes will be randomly awarded, on top of the 500 given out during the Olympic Games.

While you’re on the Teammate Hub, don’t forget to:

  • Read the heartfelt notes of support written by your own teammates.
  • See what our Feed The Dream Correspondents are up to in Paris and follow along on their journey.
  • Take our monthly Trivia Challenge. You could score yourself a Lululemon Team Canada prize pack or Scene+ points.

Good luck, team!

The Paralympic Games are on! Don’t miss your last chance to WIN a Feed The Dream lunchbox!

It’s time to get loud and proud once again! The Paralympic Games (August 28 – September 8) have begun — and we can’t wait to watch our Team Canada and Team Empire Paralympic athletes, like Stefan Daniel and Kamylle Frenette, compete for a coveted spot on the podium.

Here at home, you too, have a chance to win big! We’re sure you’ve heard the buzz about the Feed The Dream lunchbox contest by now and that we’ve awarded 500 lunchboxes to date. Want to get in on the action but haven’t entered yet? Well, lucky for you, there’s still time.

All you have to do is head on over to the Teammate Hub and submit a note of encouragement for our Paralympic athletes.

And don’t worry — if you entered the contest during the Olympic Games, but haven’t yet won a lunchbox, you’re still in the running to win (no need to enter again!).

While on the Teammate Hub:

  • Have a look at the heartfelt notes of support written by your colleagues.
  • Check out our digital scrapbook, A View from the Games, to see what our correspondents are up to at the Paralympic Games.
  • Take our monthly Trivia Challenge, too. You could also score yourself a Lululemon Team Canada prize pack or Scene+ points.

Good luck…and let’s get ready to cheer on Team Canada!

Wage reopener arbitration update

In December 2023, we informed you about our challenge of the Arbitrator’s decision on the Wage Reopener. In our view, there were several critical errors made in the ruling. The information the Arbitrator relied on to base their decision was partially inaccurate and was not in line with the Alberta market and competitive landscape.

This decision, which rewards only top-rated teammates, has now put significant negative pressure on our business and creates future risks for all teammates. We can’t stress enough that these wage increases have put Safeway in an extremely uncompetitive position compared to the rest of the Alberta grocery industry.

The impact of the decision has made several of our stores unprofitable. As a result, we may have to make difficult choices to address this situation. It is for this reason that we continue to challenge the Arbitrator’s ruling.

What we want is a decision that is fair and market competitive which enables us to continue to run profitable stores while providing opportunities for all of our teammates well into the future.

As required, we implemented the first wage increase for top-rated teammates last August. At that time, we communicated that the second increase for top-rated teammates would occur this August. We are honouring that commitment and these teammates will receive their increase on their next pay.

We can’t stress enough that these wage increases for top-rated teammates have placed us in an extremely difficult position compared to our competitors. We will continue to be transparent in communicating the impact of the Arbitrator’s decision on our business and any difficult choices we may need to make as we move forward.

Introducing the Passionfruit No-jito in support of the Special Olympics Canada Winter Games

In continuation of our longstanding support for the Special Olympics movement, Safeway proudly stands as a platinum level sponsor of the upcoming Special Olympics Canada Winter Games in Calgary (February 27 – March 2, 2024). This reaffirms our commitment to making a positive impact on the communities we serve.

And if that’s not enough, we’re also bubbling over with excitement as we announce a delicious addition to our Alberta store shelves that’s sure to make a splash! Introducing Burwood Distillery’s Passionfruit No-jito, exclusive to our Alberta Safeway stores and Safeway Liquor locations.

Crafted to perfection, the Passionfruit No-jito is a non-alcoholic drink that not only promises to tantalize taste buds, but also supports a cause close to our hearts—the Special Olympics Winter Games. For every four-pack sold in our stores between January 30 and March 31, Burwood Distillery will generously donate $3, with a spirited goal of raising $90,000 to back this incredible event.

 

 

 

 

 

 

 

 

Join us in making a difference

The Passionfruit No-jito isn’t just a beverage—it’s an opportunity to contribute to a great cause while offering our customers a unique and refreshing experience. We encourage our teammates to create eye-catching displays to showcase this exclusive mocktail. Your enthusiasm and dedication are key to making this initiative a resounding success.

Cheers to making a difference, one can at a time!