Last Call: Jack’s Abby Must Resume Sales to Atlantic in Rhode Island; Goose Island Workers Detail Failed Union Efforts

Jack’s Abby Craft Lagers must continue to sell its products to Atlantic Importing and Distributing of Rhode Island as the lawsuit between the two moves to trial, a Rhode Island Superior Court judge ruled Thursday.

“The court orders that the terms and conditions of the agreement between Atlantic RI and defendant Jack’s Abby Brewing, LLC remain in full force and effect for a period not to exceed one year from the date of this order,” Judge Brian P. Stern wrote. “Jack’s Abby who, pursuant to the agreement Atlantic RI, has designated a sales territory for which Atlantic RI is primarily responsible and/or in which Atlantic RI is required to concentrate its efforts shall not enter into an agreement with any other wholesaler during this one-year period for the purpose of establishing an additional wholesaler for any of its brands or products.”

The Framingham, Massachusetts-based craft brewery named Sheehan Family Companies subsidiary Craft Rhode Island as its successor wholesaler in the Ocean State in mid-July. The move followed Jack’s Abby’s announcement of Sheehan’s Craft Massachusetts, L. Knife & Son and Seaboard Products as its new Massachusetts distributors in June.

Jack’s Abby and Atlantic concluded a contentious arbitration process in June, nearly six months after the brewery informed Atlantic of its intent to terminate their relationship in Massachusetts.

In March 2017, the companies agreed that Jack’s Abby would cease direct shipments to Atlantic RI and Atlantic’s Massachusetts operations would instead send Jack’s Abby products to its Rhode Island affiliate. The divorce between Jack’s Abby and Atlantic MA would theoretically have severed the relationship with Atlantic RI, but Stern wrote in a September 22 ruling that “it is clear to the court that Jack’s Abby still viewed Atlantic RI as Jack’s Abby’s ‘wholesaler’ with respect to the brands.”

Under Rhode Island’s law governing malt beverage supplier-wholesaler agreements, “any supplier which without good cause cancels, terminates or fails to renew any agreement … is subject to compensatory damages, equitable relief, or both.”

Goose Island Workers’ Attempts to Unionize Fall Short During Pandemic

An attempt to unionize by workers of Anheuser-Busch-owned Goose Island was squashed last year, after several movement leaders were laid off during the pandemic, according to the Chicago Tribune.

Current and former workers cited unsafe working conditions, pay disparities, and unpaid hours for their decision to pursue unionizing, which began in 2019.

One worker detailed a carbon dioxide leak in a keg room, in which concerns of something wrong were initially dismissed by management. The same worker recalled an incident in which a manager encouraged her to be “a good sport” and allow a visiting patron to kiss her during a tour, and gave the patron the worker’s cell phone number. Others detailed feeling like “second class citizens” to their counterparts, as employees at Goose Island’s Clybourn Avenue location were reportedly paid up to three times less than those at its Fulton Street taproom, and were sometimes asked to serve the other employees at events.

Workers told the Tribune that at its height, 75% of union-eligible workers at the brewery supported the idea of unionizing, but resistance from management thwarted the effort. One worker detailed a meeting with workers to address the pros and cons of unionizing, in which Goose Island founder John Hall, who sold the brewery to Anheuser-Busch InBev in 2011, was unexpectedly present. Hall allegedly told workers at the meeting that the creation of a union would cause the Clybourn Avenue brewhouse to close down.

And then the pandemic hit. Five of seven former employees involved with the effort who spoke to the Tribune were laid-off in June 2020, and they claim the pandemic was used as an excuse to target union activities.

“It seemed to me they had designed a system with a goal of being sure I did not have a job at the end of it,” Grace Vasquez, an organizer who served various roles at Goose Island for three years, told the Tribune. She added that after management found out about union efforts, the work environment became more tense, with union leaders “followed around on [their] shifts,” and “people waiting for you to make a mistake.”

On September 17, Goose Island president Todd Ashmann released a statement addressing the lay-off concerns.

“The global pandemic significantly impacted our business, and like many others, we were forced to rethink the way we operate,” he said. “The incredibly difficult decision to separate with some sales, marketing and pub employees, both salaried and hourly, was entirely based on the new operating realities facing our industry, particularly bars and restaurants.”

CDC Approves COVID-19 Booster Shot for Brewers

Brewers now qualify for the Pfizer COVID-19 booster shot in the newest guidelines from the Center for Disease Control and Prevention (CDC).

In addition to at-risk adults due to medical conditions, the CDC is now recommending people 18-64 years old with an “increased risk for COVID-19 exposure and transmission because of occupational or institutional setting,” to receive a third dose of the vaccine, six months or more after receiving the initial dose.

“Studies show that after getting vaccinated against COVID-19, protection against the virus may decrease over time and be less able to protect against the Delta variant,” the CDC said in its update this week. “Data from a small clinical trial show that a Pfizer-BioNTech booster shot increased the immune response in trial participants who finished their primary series six months earlier. With an increased immune response, people should have improved protection against COVID-19, including the Delta variant.”

Included in its list of relevant occupations are food and agriculture workers, and manufacturing workers. First responders, education staff, corrections workers, U.S. postal service workers, public transit workers, grocery store workers are also listed.

“The CDC guidance strongly suggests that brewery employees working in brewing and packaging functions should qualify for boosters, as they are both food workers and manufacturing workers,” Marc Sorini, general counsel for the trade group the Brewers Association (BA), said in a blog post.

Sorini said eligibility for restaurant and other retail workers at breweries has yet to be determined, and will likely vary depending on state and/or local officials’ interpretations. Based on the definitions of “essential workers” during the initial vaccine rollout earlier this year, he said it is “reasonable to anticipate that health officials in many states will include all brewery employees within those eligible for a Pfizer vaccine booster.”

Athletic Brewing Partners with Indiana Pacers

Stratford, Connecticut-based non-alcoholic beer maker Athletic Brewing Company has partnered with the NBA’s Indiana Pacers.

The Pacers announced the sponsorship deal on Twitter last week. The brewery’s non-alcoholic beer will be available for purchase at the Gainbridge Fieldhouse where the Pacers and the WNBA Indiana Fever play. The arena, formerly known as the Bankers Life Fieldhouse, was renamed this week.

Allagash Launches Its First Variety Pack

Portland, Maine-based Allagash Brewing Company is releasing its first variety pack.

The “Bring Your Own Adventure” 12-pack features three established brands: River Trip Belgian-style session ale, Allagash White Belgian-style wheat beer, and Fine Acre organic golden ale. It also includes a pack-exclusive new release, Great Woods. The 6.8% ABV dark wheat beer features notes of “roasty malt,” spice, and dark fruit, and was created by Allagash employees through the brewery’s pilot system, according to a press release.

The variety pack will launch in early October throughout Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Maryland, Delaware, and Virginia, as well as southern Virginia and Philadelphia and Pittsburgh, Pennsylvania.

Firestone Walker Releases Tiki-Inspired Mind Haze Variety Pack

California’s Firestone Stone Walker released a new variety pack last month, featuring three new hazy IPAs.

The “Mind Haze Tropical Hazy Mixed Pack” features “exotic reinterpretations” of the Firestone Walker’s original Mind Haze hazy IPA: Tiki Smash, a tiki-inspired IPA with toasted coconut; Hopical Crush, a double-dry hopped Mai Tai-inspired IPA; and Citrus Cyclone, which is co-fermented with fresh California tangerines.

The mixed 12-pack of 12 oz. cans will be available throughout all Firestone Walker markets, as well as all Firestone Walker locations, according to a press release.

The original Mind Haze, released in 2019, has become one of Firestone Walker’s best selling beers, along with its 805 ale.