First National Stores, Inc.

National Labor Relations Board - Board Decisions

Sep 27, 1940

27 N.L.R.B. 518 (N.L.R.B. 1940)

r
In the Matter of FIRST NATIONAL STORES, INC. PROVIDENCE DIVISION
and INDUSTRIAL UNION AND MERCANTILE BENEFICIAL ASSOCIATION
OF PROVIDENCE , RHODE ISLAND
Case No. R-1957
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 27, 1940
On August 24, 1940, the National Labor, Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceeding." Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted on September 11,
1940, under the direction and supervision of the Regional Director
for the First Region (Boston, Massachusetts). On September 12,
1940, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended, issued and duly served upon the parties his Election
Report. No obj,ections,to the conduct of the ballot or to the Election
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
The Employees in the Massachusetts and Connecticut Areas of the
Providence Division of the Company
Total number ' of eligible voters---- -------------------------- 297
Total number of ballots voted for the Industrial Union and
Mercantile Beneficial Association of Providence, Rhode
Island---------------------------------------------------- 185
Total number of ballots voted against the Industrial Union and
Marcantile Beneficial Association of Providence, Rhode
Island --------------------------------------------------- 38
Number of challenged ballots---------------------------- 2
Number of blank ballots--- --------------------------------- 0
Number of void ballots ----------------------------------- _ 0
Total number of ballots cast-------------------------------- 225
3 26 N L R B 1 275
27 N. L. R. B., No. 106.
518
FIRST NATIONAL FOOD STORES, INC., PROVIDENCE DIVISION 519
The Employees in the Rhode Island Area of the Providence Division
of the Company
Total number of eligible voters----------------------------- 736
Total Number of ballots voted for the Amalgamated Meat Cut-
ters and Butcher Workmen of North America, Local 328,
A. F. of L------------------------------------------------ 381
Total number of ballots voted for Industrial Union and Mercan-
tile Beneficial Association of Providence, Rhode Island----- 272
Total number of ballots cast for neither--------------------- 5
Number of challenged ballots-------------------------------- 16
Number of blank ballots------------------------------------ 0
Number of void ballots------------------------------------- 0
Total number of ballots cast------------------------------- 674
In its Decision and Direction of Elections the Board made no
determination of appropriate unit, stating that the employees in each
of the voting groups, respectively, might properly constitute sepa-
rate appropriate units, or might function as parts of a single unit,
and that the determination of appropriate unit or units would depend
on the outcome of the elections. The Board further stated that it
would certify, the 'union, if any,' designated by a majority of the
employees in each voting group f:s the exclusive representative thereof.
Upon- the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all retail store employees in the Massachusetts and
Connecticut areas of the Providence Division of the Company, in-
cluding store managers and part-time clerks, but excluding super-
visors, superintendents, executives, office employees, and order boys,
constitute a unit appropriate for the purposes of collective bargain-
ing,'and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining, and otherwise effectuate the policies of-the Act.
We find that all retail store employees in the Rhode Island area
of the Providence Division of the Company, including store managers
and part-time clerks, but excluding supervisors, superintendents, ex'
ecutives, office employees, and order boys, constitute a unit appro-
priate for the purposes of collective bargaining, and that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining, and other-
wise effectuate the policies of the Act.
Upon the basis of the above findings of fact, and -upon the entire
record in the case, the Board makes the following :
520 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
SUPPLEMENTAL CONCLUSIONS OF LAW
All retail store employees in the Massachusetts and Connecticut
areas of the Providence Division of the Company , including store
managers and part-time clerks, but excluding supervisors , superin-
tendents , executives , office employees , and order boys, constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
All retail store employees in the Rhode Island area of the Provi-
dence Division of the Company , including store managers and part-
time clerks , but excluding supervisors , superintendents , executives,
office employees , and order boys, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act , 49 Stat. 449 , and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2,-as amended,
IT IS HEREBY CERTIFIED that Industrial Union and Mercantile Bene-
ficial Association of Providence , Rhode Island, has been designated
and selected by a majority of the retail store employees in the Massa-
chusetts and Connecticut areas of the Providence Division of the
Company as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, Industrial Union and Mercantile
Beneficial Association of Providence , Rhode Island, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages , hours of employment,
and other conditions of employment.
IT IS FURTHER CERTIFIED that Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 328, has been desig-
nated and selected by a majority of all retail store employees in the
Rhode Island area of the Providence Division of the Company as
their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the National
Labor Relations Act, Amalgamated Meat Cutters and Butcher Work-
men of North America , Local 328, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages , hours of employment , and other
conditions of employment. -
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