Paxton Wholesale Grocery Co.

National Labor Relations Board - Board DecisionsMar 20, 1959

123 N.L.R.B. 316 (N.L.R.B. 1959)

316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. In agreement with the stipulation of the parties, we find that the following employees of the Employer constitute a unit appropri- ate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees at the Employer's Santurce, Puerto Rico, plant, excluding all office clerical employees, professional employees, executive and administrative personnel, guards, and supervisors as defined in the Act. In the absence of any exceptions to the Regional Director's report on challenged ballots, and in accord with his recommendations, we hereby overrule the challenges to the ballots of Manuel R. Villamil, Julia Garcia de Ruiz, and Nicolas Damiani, and sustain the chal- lenges to the remaining eight ballots. As the three challenged bal- lots, which have been overruled, are sufficient in number to determine the results of the election, we shall direct that these three ballots im- mediately be opened and counted. If, after the ballots are opened and counted, the Petitioner shall have received a majority of the valid ballots cast, we shall, at that time, consider and determine the merits of the Employer's objection to the election and its exceptions to the Regional Director's report. [The Board directed that the Regional Director for the Twenty- fourth Region shall, within 10 days from the date of this Direction, open and count the ballots of Manuel R. Villamil, Julia Garcia de Ruiz, and Nicolas Damiani, and thereafter upon the parties a revised tally of ballots. If the Petitioner receives a majority of the valid votes cast, the Board shall then consider the objections to conduct affecting the results of the election; if the Petitioner does not re- ceive a majority of the valid votes the Regional Director shall issue a certification of results of election.] Paxton Wholesale Grocery Company and Amalgamated Meat Cutters Union , Local 398, AFL-CIO, Petitioner. Cases Nos. 13-RC-6335 through 13-RC-6344. March 90, 1959 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 William Boetticher, hearing officer. 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 connection with this case to a three-mem- ber panel [Chairman Leedom and Members Bean and Fanning]. 123 NLRB No. 34. PAXTON WHOLESALE GROCERY COMPANY 317 Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. 4. The Employer operates a chain of 38 retail food stores, of which 26 are located in Illinois and 12 in Indiana, 34 of these stores have meat departments. All of the stores are located within a 65-mile radius of the central office and warehouse in Danville, Illinois. The Petitioner seeks 10 separate units, each limited to the meat depart- ment employees in one of the Employer's Illinois stores. The Em- ployer contends that the only appropriate unit is one consisting of all the meat departments in its stores. There is no relevant bargain- ing history. All meat departments are supervised by a head of the meat depart- ment at the central office who has two assistants. The head of the meat department does the buying for all the stores. Pricing and labor relation policies for the entire chain are deter- mined and administered by the central office. Except for such limited power as may be exercised by the head butcher in this area (see below), the central office controls all hiring and discharges. All payroll records for the stores are kept at the central office. There are frequent transfers between stores. There is also some transfer of merchandise between the stores. In view of the highly centralized administration of all the Em- ployer's stores, and as the single-store units sought by the Petitioner do not conform to any administrative division of the Employer's operations, we find that the single-store units sought are inappro- priate and that a companywide unit is alone appropriate.' More- over, there is no evidence or contention that the requested stores are all located in the same district geographical area. The Petitioner requests that if the Board finds a multistore unit appropriate, an election be directed only for those stores within the Petitioner's jurisdiction. However, the Board has consistently re- fused to predicate its unit findings upon the scope of the territorial jurisdiction of a local.2 As the Petitioner has a sufficient showing of interest for the multistore unit, we will direct an election in that unit. If Petitioner wishes to withdraw from the election, it may do so by notifying the Regional Director of their intention to withdraw within 10 days from the date of this decision. i See Safeway Stores, Inc., 96 NLRB 998, 1000. 2 See Jewel Food Stores, 111 NLRB 1368, 1372. 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The parties stipulated that the head butchers were not supervisors and would include them. However, the record shows that the head butchers may, in emergency situations, discharge helpers in the meat department. As the record is inadequate to ' determine whether or not they are supervisors, we permit the head butchers to vote but direct that the Board agent challenge their ballots. Accordingly, we find that the following employees of the Em- ployer constitute a unit appropriate for the purposes of collective bargaining within Section 9(b) of the Act: All meat department employees, including regular part-time employees, at the Employer's Illinois and Indiana stores, but excluding grocery department em- ployees, guards, professional employees, and supervisors as defined in the Act. ,[Text of Direction of Election omitted from publication.] Crown Corrugated Container , Inc. and William V. Long and George W. Tompkins. Cases Nos. 6-CA-1203 and 6-CA-1251. March 24, 1959 DECISION AND ORDER On October 24, 1958, Trial Examiner Louis Plost, issued a report to the Board on dismissal of the complaints in the above-entitled proceedings, a copy of which is attached hereto. Thereafter the General Counsel filed exceptions to the report and a supporting brief. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Rodgers and Jenkins]. It appears that at the end of the testimony in these proceedings, Respondent moved to dismiss the complaints, on the merits, which motion was forthwith granted by the Trial Examiner, with a state- ment, that he would, in due course, issue a Report on the dismissal with his findings of fact and conclusions. In the instant Report, he has made findings of fact and conclusions, including findings on credibility of witnesses. We will treat the Report as an Inter- mediate Report and Recommended Order and make the initial de- cision herein.' The Board has reviewed the rulings of the Trial Examiner on the hearing and finds that no prejudicial error was committed and the rulings are hereby affirmed except as follows : The General Counsel. has excepted to the rulings of the Trial Examiner, refusing to allow the General Counsel to impeach the 1 See N .L.R.B. v. Elkland Leather Company , Inc., 114 F. 2d 221 ( C.A. 3), enfg. 8 NLRB 519, cert . denied 311 U.S. 705, wherein it was held that an Intermediate Report is advisory only. 123 NLRB No. 42.