First National Stores, Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1946

66 N.L.R.B. 1419 (N.L.R.B. 1946)

In the Matter of FIRST NATIONAL STORES, INC. (PROVIDENCE
DIVISION and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN
OF NORTH AMERICA (A. F. L.)
Case No. 1-R-f801.Decided March R9, 1946
ilr. Edmand J. Blake, of Boston, Mass., for the Company.
dlr. Philip J. of Boston, Mass., for the Amalgamated.
_11r. Auqu.tine T. Meade, of Danielson, Conn., for the Association.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STAI'l:MENT 01' 1 Ill 's CASE
1'pon a petition duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America (A. F. L.), herein called the
Amalgamated, alleging that a question affecting commerce had arisen
concerning the representation of employees of First National Stores,
Inc. (Providence Division), herein called the Company. the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Robert. E. Greene, Trial Examiner. The hearing
was held in Providence, Rhode Island, on February 21, 1946. At,
the commencement of the hearing the Trial Examiner granted a
motion to intervene by the Industrial Union & Mercantile Benefit
Association, herein called the Association. The Company, the
Amalgamated, and the Association appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following
66 N. L. R. B., No. 175.
1419
1420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
First National Stores, Inc., is a Massachusetts corporation engaged
in the operation of retail grocery and meat stores located in the
States of Maine. New Hampshire. Vermont, Massachusetts, Connecti-
cut, Rhode Island, and New York. Its principal office is located at
Somerville, Massachusetts, and its operations are divided into 3
divisions, namely, Hartford, Connecticut; Somerville, Massachusetts;
and Providence, Rhode Island. In each division it maintains ware-
houses and bakeries which supply the retail stores located within
the division areas. The Providence Division includes all operations
in the State of Rhode Island and certain adjoining areas in eastern
Connecticut and southeastern Massachusetts. It is solely the 49
stores of the Providence Division located outside the State of Rhode
Island with which this proceeding is concerned.
During the 1945 calendar year products and goods valued at
more than $1,000,000 were purchased by the Company for allocation
to the stores herein concerned. During the same period, the goods
sold at these stores exceeded $1,000,000 in value. Approximately
60 percent of the goods and products sold in the Massachusetts area
and approximately 90 percent of the goods and products sold in
Rhode Island and Connecticut stores were sold to said stores from
other States of the United States.
The Company admits that, it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TILL ORGANIZATIONS INVOLVED
Amalgamated Meat Cutters and Butcher Workmen of North
America is a labor organization, affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
Industrial Union & Mercantile Benefit Association is a labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Amalgamated
as the exclusive bargaining representative of the employees here con-
cerned until it has been certified by the Board in an appropriate
unit.,
1 On October 25, 7945, the Company and the Association entered into a contract covering
the employees involved herein for a term ending January 1, 1947. Neither the Company
nor the Association contends that the contract constitutes a bar to this proceeding,
FIRST NATIONAL STORES, INC . ( PROV IDENCE DIVISION) 1421
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Amalgamated represents a substantial
number of employees in the unit hereinafter found appropriate."
We find that a question affecting commerce has arisen concerning
the, representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. 'I'IlE 11'PROPRLI 'II , t.`I'I
We find, substantially in accord with the stipulation of the parties,
that all retail store employees of the Company in the Providence
Division, other than in the State of Rhode Island, including store
managers and part-time clerks, but excluding supervisors. superin-
tendents, executives, office employees, order boys, and all or any other
supervisory employees with authority to hire, promote, discharge.
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations--Series as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with First National
Stores, Inc. (Providence Division), an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
2 The Field Examiner reported that the Amalgated submitted 104 cards , bearing the
names of 79 employees , listed on the Company 's pay ioll of December 29, 1945. The
Association relies upon its contract as evidence of its interest herein
There are apps oximatelg 259 employees in the appropi sate unit
1422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director for the First Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding
the elate of this Direction, including, employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented
by Amalgamated Meat Cutters and Butcher Workmen of North
America (A. F. L.). or by Industrial Union & Mercantile Benefit
Association, for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.