Dan's Star Market

National Labor Relations Board - Board Decisions

Jul 30, 1968

172 N.L.R.B. 1393 (N.L.R.B. 1968)

DAN'S STAR MARKET 1393
Star Market Co., d/b/a Dan 's Star Market and
Amalgamated Meat Cutters and Food Store Em-
ployees Union , Local No. 314 of the Amalgamated
Meat Cutters and Butcher Workmen of North
America, AFL-CIO, Petitioner. Case 1-RC-9623
July 30, 1968
DECISION ON REVIEW AND ORDER
On August 4, 1967, the Acting Regional Director
for Region 1 issued the attached Decision and
Direction of Election in the above-entitled proceed-
ing,[ in which he found appropriate the Petitioner's
requested unit of employees at the Employer's
Portsmouth, New Hampshire, retail food store, re-
jecting the Employer's contention that the smallest
appropriate unit for the employees sought must be
broadened to include employees at all five retail
food stores in its New Hampshire division, also
known as "Dan's Division." Thereafter, in ac-
cordance with Section 102.67 of the National
Labor Relations Board Rules and Regulations, Se-
ries 8, as amended , the Employer filed a timely
request for review of the Acting Regional
Director's Decision on the grounds that his factual
findings were prejudicially erroneous, and that the
case was indistinguishable from Purity Food.'
On December 19, 1967, the National Labor
Relations Board by telegraphic Order granted the
Employer's request for review. The Petitioner
thereafter filed with the Board for consideration on
review the brief it had previously filed with the Re-
gional Director.
The Board has considered the entire record in
this case with respect to the issues under review, in-
cluding the arguments made in the request for
review and in the brief filed by the Petitioner, and
makes the following findings:
The Employer contends, in essence, that the facts
set forth in the Acting Regional Director's Decision
are not wholly supported by the record, in that they
do not accurately reflect (1) the great extent to
which the operations of all five stores in Dan's Divi-
sion are integrated and controlled by divisional
management and supervision, (2) the lack of au-
tonomy or discretion possessed by store managers
in making decisions affecting store operations, and
(3) the significance of the evidence with regard to
permanent and temporary transfers of employees
among Dan's Division stores; and that, for these
reasons, there has been ample demonstration in the
record that a unit confined to the Portsmouth store
is inappropriate for collective-bargaining purposes.
We find merit in this contention.
Supplementing the facts detailed by the Acting
Regional Director, the record indicates that, in ad-
dition to the many administrative, operational, and
maintenance functions handled directly by the Em-
ployer's central office in Cambridge, Mas-
sachusetts, day-to-day decisions in the merchandis-
ing of items within the various departments in each
of the Dan's Division stores are made by divisional
supervision operating out of the Kittery, Maine,
division office. The division consists of five stores,
including the one at Portsmouth, New Hampshire,
sought herein, which is 4 miles from the closest
store at Kittery, Maine,3 13 miles from the one at
Dover, 21 miles from Rochester, and 57 miles from
Laconia, all in New Hampshire. Daniel Driscoll, the
general manager of the division, also supervises
directly the produce departments of each of the
five division stores; Harvard Cummings, Driscoll's
alter ego in the division, supervises the cash and
grocery departments; John Samuelian supervises
the meat and seafood-deli departments. Each of the
three division supervisors spends most of his time in
active supervision of personnel within his respective
departments at the various division stores, spending
more or less time at a given store, depending upon
the gravity of the problems encountered.4 The store
manager reports directly to Driscoll and Cummings
and is essentially a liaison man for all three division
supervisors. He is described in the record as the re-
sident leader. The department managers look to
him for help in developing merchandising and
operating techniques but they have a prime respon-
sibility to the division supervisor who is the "techni-
cian ." The store manager 's bible is the weekly bul-
letin containing the special instructions for the
week. Division supervisors, sometimes in consulta-
tion with central office merchandising heads,
resolve question of policy as to matters not covered
by the weekly bulletin or the STAR-GRAMS
(which provide instructions for handling of specific
items of merchandise).
Although the store manager has the responsibility
to keep the number of hours scheduled within the
store's centrally established operating budget and
plays a part in inventory control, the record in-
' On August 21, 1967, the Acting Regional Director issued an Erratum
correcting the Decision in the paragraph following fn 6, by deleting the
words "employee complaints " and inserting therein "customer complaints
against employees "
2 Purthv Food Stores, Inc , 160 NLRB 651, enforcement denied 376 F 2d
497 (C A I ), cert denied 389 U S 959
' It appears that Kittery is just across the river from Portsmouth and that
the two stores serve the same economic market and draw their employees
from the same general labor area
4 We note that the parties stipulated that the department heads at the
stores would be part of any unit found appropriate
172 NLRB No. 130
1394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dicates that the primary responsibility in these mat-
ters rests with the division and central offices.5
Division supervisors maintain inventory controls for
the division and, when necessary, because of unex-
pected fluctuations in business volume, decide
upon a redistribution of supplies of the affected
merchandise among the division stores, usually
after consultation with, or receiving clearance
from, the central office.' In practice large amounts
of merchandise are redistributed among the Dan's
division stores.'
In the area of employee relations, as above in-
dicated, the store manager is viewed by the Em-
ployer as the resident leader. However, his authori-
ty appears to be highly circumscribed. He plays no
role in the hire of full-time employees or of part-
time employees for departments under Samuelian.
In the absence of Driscoll or Cummings, the store
manager may interview and, in times of need, hire
part-time employees in their departments, subject
to their later approval. Likewise, with regard to
discharge and promotion, as stated by the Acting
Regional Director, the role of the store manager is
minimal, as the power to make effective recom-
mendations as to such matters rests solely with divi-
sion supervisors. Decisions as to permanent and
temporary transfers or interchange of employees
among the five division stores are made solely by
division supervisors.
The Employer submitted evidence as to its prac-
tice of interchanging employees among the Dan's
division stores. Our examinations of that evidence
indicates, with regard to permanent interchange,
that of the 69 employees at the Portsmouth store,
as of June 5, 1967, 28 had a history of transfer.' Of
the 28, 17 had worked in one other Dan's division
store, and 9 had worked in two others. Of the ap-
proximately 180 employees at the Kittery, Dover,
Rochester , and Laconia stores , as of the same date,
36 had a history of permanent transfer from other
Dan's division stores. Of the 36, 15 had ex-
perienced one such transfer, 11 two transfers, 5
three transfers, 5 four transfers, 1 five transfers,
and 1 six transfers. The Employer also submitted
evidence that, as of the same date, 74 among its
former or terminated employees had a history of
one or more transfers . However , no meaningful
comparisons may be made without the total
number of terminated employees as of that date.
As to temporary transfers, the record indicates
that in the normal course they are made to replace
employees who are sick or on vacation, as part of
employee training , and to accommodate for busi-
ness volume fluctuations among the stores . Accord-
ing to the Employer's statistics, for the period May
1, 1965, to May 27, 1967 (encompassing 108
weekly payroll periods), adding the number of em-
ployees transferred from their home stores to one
or more other stores within each weekly payroll
period, there were 570 instances of such temporary
transfer affecting Dan's division stores. Revising the
total to 341 in order that it should reflect as accu-
rately as possible the normal course of business
type of temporary interchange of employees among
the Dan's Division stores,9 and dividing by the
number of weeks within the period, we arrive at an
average of 3.2 instances of such transfers affecting
all of the division stores each week. We have
analyzed the records supplied in order to determine
the number of instances affecting the Portsmouth
store alone and we arrived at a total of 332 in-
stances (268 transfers out and 64 transfers in).
Revising this total by eliminating the approximately
122 attributable to the 2 special events, we reached
a figure of 210, which is an average of 1.9 per
week. It may thus be seen that more than half of
the interchange of employees among Dan's division
stores involved the Portsmouth store.
In our recent decision in Haag Drug Company,
Incorporated, 10 we restated our general approach to
the question of units in retail chain operations and
emphasized that we will adhere to our policy of
' Communications between store managers and division supervisors are
facilitated by means of a telephone conference line connecting the five
stores and the division office
' As noted in the Acting Regional Director 's Decision, the store
managers may arrange among themselves for redistributions involving one
or two cases of merchandise
' For the period from February 26 to May 20, 1967, a slow period, ac-
cording to Driscoll , 334 cases of groceries valued at $2 ,335, 837 cases of
produce valued at $2,531, 1,559 pounds of fish valued at $1,089, and
23,305 pounds of meat valued at $11,27 1, were transferred among the five
Dan's Division stores The record indicates that business volume at the
Portsmouth store is subject to fluctuations by reason of the proximity of a
large Navy Yard During the same period , the Portsmouth store transferred
out 84 cases of groceries valued at $551 and received from other division
stores 56 cases valued at $376 , transferred out 227 cases of produce worth
$673 and received $805 worth , transferred out 421 pounds of fish valued at
$604 and received 694 pounds worth $434 . transferred out 7,905 pounds
of meat valued at $4,154 and received 5,594 pounds worth $3,608 These
statistics indicate that between a third and one half of the total merchan-
dise redistributed involved the Portsmouth store -
' Of the 28. 2 had transferred from a store of the Employer outside of
Dan's division
' Of the 570 instances , 3 involved transfers to stores outside Dan 's divi-
sion , and because of ambiguity or clerical error 2 other instances must be
discounted For our purposes , therefore , the total should be reduced to
565 Only 18 instances involved transfers to more than one store during a
given week Taking the Acting Regional Director's figures , approximately
141 of the instances involved transfers to the Laconia store prior to and in
the first 2 weeks after its opening ( 83 of which involved transfers from the
Portsmouth store ), and approximately 83 instances involved transfers to
the downtown Portsmouth store directly attributable to its closing (about
half of these involved transfers from the here requested Portsmouth store)
Thus , if the transfers associated with these 2 events be deducted as atypi-
cal, the revised total number of instances would be 341
10 169 NLRB 877
DAN'S STAR MARKET
finding a single store to be a presumptively ap-
propriate unit, but that such presumption might be
overcome, as where it was shown that the day-to-
day interests of employees in the particular store
had merged with those of employees of other
stores. Thus, factors of significance in this connec-
tion were pointed out as being whether or not the
employees perform their day-to-day work under the
immediate supervision of a local store manager who
is involved in rating employee performance, or in
performing a significant portion of the hiring and
firing of the employees, and is personally involved
with the daily matters which make up their
grievances and routine problems. For, as we in-
dicated there, it is in this framework that the com-
munity of interest of the employees in a single store
takes on significance.
Viewed in light of the above holding, it is ap-
parent here that the appropriateness of the single-
store unit has been rebutted. Thus, the limitations
on the store manager 's authority in personnel mat-
ters and the direct supervision of store departments
by divisional supervisors, as well as the geographi-
cal closeness of the Portsmouth and Kittery stores
and the amount of employee interchange, persuade
us that the requested single-store unit is not ap-
propriate.
We find, therefore, that with respect to the unit
petitioned for no question affecting commerce ex-
ists concerning the representation of employees of
the Employer within the meaning of Section
9(c)(1) and Section 2(6) and (7) of the Act."
Accordingly, we shall dismiss the instant petition.
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
" Cf Banco Creduo y Ahorro Ponceno v N L R B, 309 F.2d 110 (C A
1), enfg 167 NLRB 397, and Banco Credito, 160 NLRB 1504. However,
our decision herein is not to be taken as holding that a unit comprising
fewer than all the stores in the division is inappropriate since no labor or-
ganization seeks to represent the employees in a unit broader than the Port-
smouth store
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, a hearing was
held before a hearing officer of the National Labor
Relations Board. The hearing officer's rulings made
at the hearing are free from prejudicial error and
are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in connec-
1395
tion with this case to Ernest Modern, Acting Re-
gional Director.
Upon the entire record in this case, the Acting
Regional Director finds:
1. The Employer, Star Market Co. d/b/a Dan's
Star Market,' is engaged in commerce within the
meaning of the Act and it will effectuate the pur-
poses of the Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning the representation of certain employees of
the, Employer within the meaning of Section
9(c)(1) and Section 2(6) and (7) of the Act.
4. The Petitioner, Amalgamated Meat Cutters
and Food Store Employees Union, Local No. 314
of the Amalgamated Meat Cutters and Butcher
Workmen of North America, AFL-CIO,2 seeks to
represent a unit of all full-time and regular part-
time employees employed at the Employer's store
on Lafayette Road, Portsmouth, New Hampshire,
including department heads and the money-room
girl, but excluding office clerical employees, profes-
sional employees, watchmen, guards, the store
manager , and all other supervisors as defined in the
Act.' The Employer contends that the only ap-
propriate unit should include the above classifica-
tions of employees in its five-store division or, in
the alternative, all employees in a particular depart-
ment within that division. There is no history of col-
lective bargaining.
Dan's Star Market is an operating division of Star
Market Co. (hereinafter called Star), which main-
tains its central office in Cambridge, Massachusetts.
The five stores operated by the Employer are also
known as "Dan 's Division " or "the New Hampshire
Division." In addition, Star operates an 8-store divi-
sion in Rhode Island and 29 stores in a Boston divi-
sion which is made up of two separate districts. The
five stores in Dan 's division are located in Kittery,
Maine,4 and in Dover, Rochester, Laconia, and
Portsmouth, New Hampshire.
The control exercised by Star at its Cambridge
headquarters applies to each of its divisions and, as
the record reveals , operational and merchandising
functions are centralized and integrated to a sub-
stantial degree . Thus , it is seen that all matters in-
volving advertising, safety security, accounting,
buying, industrial relations, and auditing are han-
dled for all the divisions by Star at its main office.
Under the direction of a merchandising vice pre-
sident , Star retains separate division heads in
The name of the Employer appears as amended at the hearing
x The name of the Petitioner appears as amended at the hearing
a The parties stipulated to the specific unit inclusions and exclusions
4 The division headquarters, under the supervision of General Manager
Daniel Driscoll , is located at the Kittery store
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charge of the meat , seafood -deli, produce , grocery,
and nonfood operations of the divisions . Each Mon-
day, the general managers of the New Hampshire,
Rhode Island , and Boston divisions meet at Star's
office with the vice president in charge of retail
store operations and discuss the operation of the
stores within their respective divisions . At a later
meeting on the same day, the merchandising divi-
sion heads meet and all matters regarding merchan-
dising , both with respect to the week that has
passed and the plans and /or promotions for the im-
mediate future are discussed . In addition , a cash de-
partment meeting is held every Monday in Cam-
bridge , at which time the administrative assistant to
the vice president in charge of retail store opera-
tions briefs the cash operation representatives from
each of the operating divisions with respect to all
matters involving cashiers and cashier functions at
the stores . This includes such items as the proper
handling of coupons for certain promotional activi-
ties . As a followup of these conferences at Star's
headquarters , the division general manager meets
on Tuesday with eaeh of the store managers within
his division in order to review the information he
has been given regarding the operation of the
stores . In addition, much of what has been planned
for the stores is put in bulletins and sent to the
stores directly.
At Dan 's Division headquarters in Kittery,
General Manager Driscoll has directly under his
authority two division supervisors , John Samuelian
and Harvard Cummings . Samuelian is in charge of
the meat and seafood -deli departments in the five
stores . He prepares the weekly bulletins for these
departments and visits the stores to be sure that the
bulletins are being followed by the department
managers . He also sees to it that meat is moved
from one store to another when it is necessary that
the amount of meat at different locations be
balanced out. Cummings is in charge of the grocery
and cash departments at the stores and Driscoll
oversees the produce departments himself. The
grocery and produce bulletins are sent to the stores
from Star 's headquarters . There is regular commu-
nication between the division supervisors and the
merchandise division heads at the Star office and in
this manner Driscoll is able to recommend to Star
any changes in the various merchandising programs
being planned for his division . Cummings and
Driscoll also spend a portion of their time in the
division 's stores,5 and Driscoll and Samuelian keep
in touch with department managers in the stores by
means of conference calls.
All purchasing of merchandise is done at the Star
office and price control is maintained there also.
Driscoll has the authority to change prices but he
would normally check with the merchandise divi-
sion head in Cambridge before doing so in order to
determine the effect of any such change on operat-
ing margins . The division supervisors can not make
any price changes without prior approval from Star
headquarters . Star maintains a central warehouse in
Watertown , Massachusetts , for all its divisions.
Although each store makes limited purchases from
local vendors , the store manager can only order
designated merchandise from certain delegated
salesmen. In this regard , the store manager is sup-
posed to order just enough merchandise to last until
the vendor's next visit and has no control over the
prices paid for these items . Construction and main-
tenance matters are also controlled at Star
headquarters and arrangements have been made for
maintenance men to be located in the various divi-
sions . Store managers call any emergency into the
division office and Driscoll then contacts the main-
tenance man. Equipment purchases are uniform
throughout the divisions.
The Portsmouth store in question , also referred
to as the Portsmouth plaza store , is located 4 miles
from Kittery and is 13, 21, and 57 miles, respective-
ly, from Dover, Rochester , and Laconia. The ap-
proximate populations of the five cities range
between 10,000 for Kittery and 23,000 for Port-
smouth . The operating hours of the stores in the
division are determined by Star but it will review
any changes that are recommended by Driscoll.
Driscoll and Cummings do the hiring of all full-time
employees and Driscoll, after consultation with the
Cambridge office, authorizes the discharge of a full-
time employee before that person is terminated.
Driscoll also determines the starting rate of a new
employee within a schedule made up at Cambridge
and he, not the store manager , determines whether
an employee will be recommended for a merit in-
crease . Star 's policies with respect to wage rates,
vacations , and overtime pay are uniform
throughout its divisions and decisions regarding
fringe benefits for all employees are made at Cam-
bridge. Promotions are normally initiated by a divi-
sion supervisor but must be passed upon at Star
headquarters . There is a regular transfer of
merchandise between the stores in the division,6
and there have been transfers of employees on both
a permanent and temporary basis.
At Portsmouth, the store manager is in charge of
the store 's day-to-day operations and is responsible
' According to Driscoll, he, Cummings, and Samuelian visit each store at
least once a week and sometimes as much as five times a week
' The retail value of merchandise transferred between the stores in the
period February 26, 1967, to May 20, 1967, was over $17,000
DAN'S STAR MARKET 1397
for carrying out both the general policies and the
special instructions of Star . He handles employee
complaints that arise in the store and has the
authority to send an employee home for disciplina-
ry purposes . The store manager can hire part-time
employees in all departments except the meat de-
partment , and although Driscoll or Cummings may
later interview them at work before signing the
necessary form which entitles each employee to be
paid, Driscoll oftentimes merely observes the new
employees at work or discusses them with the store
manager . This hiring authority of the store
managers especially is significant in view of the fact
that of the approximately 250 employees in the
division , 150 of them are employed on a part-time
basis.
Scheduling of hours for employees is done by
store department heads and these schedules are
then checked by the store manager whose responsi-
bility in this regard is to keep the number of hours
scheduled within the store's operating budget. The
store manager schedules vacations after employees
have indicated the vacation periods they prefer.
These schedules are sent to Driscoll who can
question them if he sees fit and they are used by
him to determine the necessity of moving in-
dividuals from one store to another to cover for va-
cationing employees.
It is the store manager's responsibility to see that
inventory is properly controlled. The grocery de-
partment head orders groceries from a list
furnished by the Cambridge office and the produce
department head does the same, other than for spe-
cial items . The meat department head submits an
order also, but this is edited by Samuelian. The
store manager or department head in one store is
able to contact his counterpart in another store
within the division to obtain merchandise of which
he is short, and each store keeps a record of all
food transfers. A grocery inventory is taken quar-
terly in each store and the ultimate responsibility
for the results of the inventory is, at the least,
shared by the store manager. Although the
newspaper advertisement for each of the stores in
the division is generally identical, the advertisement
normally does not list the addresses of the Dan's
division stores outside of the city in which it ap-
pears. Moreover, it follows from the distances
between the stores that each primarily serves its
own trade area.
Of the Portsmouth Star's present complement of
69 employees, 18 were transferred into the store on
a permanent basis during the 2-year period preced-
ing June 5 , 1967. However, as the record reveals,
six of these employees were sent to that store as a
direct result of the closing of the downtown Port-
smouth store on June 3, 1967, and one employee
returned to that store from downtown Portsmouth
only a week before the latter closed. In addition, of
the personnel now in stores other than Portsmouth
whose records show a total of 42 transfers in the
same 2-year period, 6 of the transfers were also as-
sociated with the closing of the downtown Port-
smouth store, 11 were clearly the result of the
opening of the Laconia store in June 1966, and 5
were transfers lasting less than 2 months before the
individual was transferred again . Finally, with
respect to the record of permanent transfers, of
those individuals no longer employed by the Em-
ployer, and using the same 2-year period, it is seen
that four of the transfers lasted less than 2 months
before the individuals were transferred again, and
there is no way to determine how long the other
persons remained with Dan's division after their
transfers before leaving or being terminated. Re-
garding the record of 570 temporary transfers sub-
mitted by the Employer, the following is seen: 76 of
these transfers were to the Laconia store prior to
the week it opened (51 coming from the Port-
smouth plaza store), and 65 more took place during
its first 2 weeks of operation (with 32 of these com-
ing from the Portsmouth plaza store); in connection
with the closing of the downtown Portsmouth store
on June 3, 1967, there were 83 transfers into that
store in the last 25 weeks of its operation, more
than half of these coming from the Portsmouth
plaza store. In that same 25-week period, there was
a total of only 27 other temporary transfers into all
the other stores. A close look at the record shows
that in that 6-month period, virtually all of the tem-
porary transfers were into the closing store's meat
department and that the same individuals spent a
portion of their time there on many occasions.
Thus, J. Sherman worked in the closing store every
week during its last 6 months; M. Emery was there
for its last 14 weeks; and the names of meat em-
ployees Freeman, Starkey, Ouimet, and Harvey ap-
pear many times in that same period. There were
16 different occasions between May and October
1965 in which meat department employee Harvey
left the downtown Portsmouth store to work in the
Kittery store. Thereafter, despite Harvey's being
permanently transferred to the Kittery store in Oc-
tober, 1965, she spent some of her time in the
downtown Portsmouth store in virtually every week
of the year that followed. In fact, a total of 71 of
the transfers involves Harvey alone. An undeter-
mined number of other temporary transfers is a
result of filling in for vacations and replacing sick
employees. Therefore, in view of the approximately
1398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
260 employees in the division , the number of nor-
mal course-of-business transfers' per year as a per-
centage of the work force is minimal.
In determining whether a single store in a retail
chain store industry is an appropriate unit, the
Board applies the same unit determination policies
that it applies to multiplant enterprises in general
and reaches its decision in light of all the circum-
stances of the case .' The essential question in issue
is not the determination of the most appropriate
unit but whether the unit petitioned for is an ap-
propriate unit . In this regard the Board has deemed
relevant such factors as community of interest
among employees , the geographical location of the
single store in relation to the other stores, the
degree of autonomy and homogeneous character of
the single store , the frequency of employee in-
terchange , the bargaining history , and the unit
being petitioned for by the labor organization.
Despite those aspects of centralized management
and control set forth above which tend to support a
multistore unit, it is found from the foregoing ana-
lysis of all the relevant factors, noting especially the
substantial degree of autonomy of the Portsmouth
store as borne out by the responsibility of the store
manager for the daily operation of the store and the
evidence showing it to be a self-contained
economic unit , the geographic separation of the
stores, the absence of a bargaining history in a
more comprehensive unit than that petitioned for,9
and the fact that no labor organization seeks a
broader unit , that the Portsmouth store constitutes
a unit appropriate for the purposes of collective
bargaining . 10 In reaching this decision , the Acting
Regional Director has concluded that the degree of
employee interchange , in all the circumstances set
forth , does not sufficiently detract from the sub-
stantial autonomy of the Portsmouth store as to
become an overriding factor and negate the in-
herent appropriateness of that store as a bargaining
unit.
Accordingly , the Acting Regional Director finds
that the following employees constitute a unit ap-
propriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
All full-time and regular part -time employees em-
ployed at the Employer 's store on Lafayette Road,
Portsmouth , New Hampshire , including department
heads and the money -room girl , but excluding of-
fice clerical employees , professional employees,
watchmen , guards , the store manager , and all other
supervisors as defined in the Act.
[Direction of Election " omitted from publica-
tion. ]
' See Sat-On Drugs, Inc, 138 NLRB 1032
Sav-On Drugs, Inc , supra , Punts Food Stores, Inc (Sav-More Food
Stores), 160 NLRB 651, reversed 376 F 2d 497 (C A I ), Agat,ain Food
Mart, Inc. d/bla The Food Mart, 162 NLRB 1420
" In April 1965, Petitioner sought a unit of meat and delicatessen depart-
ment employees in the five stores then in the Dan's division An election
was held which the Petitioner lost The present petition, although involving
only one store , is for a unit of all employees In any event , the Board has
held that the fact that a union seeks a narrower unit, because motivated by
the extent to which it has organved, is immaterial so long as the Board in
making the determination does not give controlling weight to that fact Al-
lied Stores of Net, York, Inc d/b/a Stern 's Paramus , 150 NLRB 799,
Metropolitan Life Insurance Coinpani ( Woonsocket , R I ), 156 NLRB 1408,
fn 20
'" Sav-On Drugs, Inc, supra , Purity Food Stores , Inc , supra, Agawam
Food Mart, Inc ,supra , Big Y Supermarkets, 161 NLRB 1263
" An election eligibility list, containing the names and addresses of all
the eligible voters, must be filed with the Regional Director within 7 days of
the date of this Decision and Direction of Election The Regional Director
shall make the list available to all parties to the election In order to be
timely filed, such list must be received in the Regional Office , John F Ken-
nedy Federal Building, Boston , Massachusetts 02203 , on or before August
11, 1967 Accordingly , please furnish two copies of the list Under Board
directives, no extension of time to file this list may be granted except in ex-
traordinary circumstances , nor shall the filing of a request for review
operate to stay the filing of such list Failure to comply with this require-
ment shall be grounds for setting aside the election whenever proper objec-
tions are filed Excelsior Underwear Inc , 156 NLRB 1236