Piggly Wiggly West Monroe, Inc.

National Labor Relations Board - Board Decisions

Jan 6, 1970

180 N.L.R.B. 576 (N.L.R.B. 1970)

576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Piggly Wiggly West Monroe , Inc. Baker Piggly
Wiggly Stores of Louisiana and Retail Clerks
International Association , Local Union No. 210,
AFL-CIO, Petitioner . Case 15-RC-4205
January 6, 1970
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING, BROWN, AND JENKINS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Andy N. Stalder, Hearing
Officer. The Hearing Officer's rulings made at the
hearing are free from prejudicial error and are
hereby affirmed. The Employer and Petitioner have
filed briefs.
Upon the entire record in this case, the National
Labor Relations Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Employer would not stipulate that the
Petitioner is a labor organization within the
meaning of Section 2(5) of the Act. The Petitioner
is chartered by the Retail Clerks International
Association; it deals with and has contracts with
employers concerning wages, hours, and working
conditions of their employees. We find that
Petitioner is a labor organization within the
meaning of Section 2(5) of the Act.
3. A question affecting commerce exists
concerning the representation of certain employees
of the Employer within the meaning of Sections
9(c)(1) and 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees constitute a unit appropriate
for the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All regular full-time and part-time grocery and
produce employees at the Employer's four stores
located at 2903 Cypress Street, West Monroe,
Louisiana, 402 North 4th Street, Monroe,
Louisiana, 9th Street and Winnsboro Road,
Monroe, Louisiana, and 8015 DeSiard Street,
Ouachita Parish, Louisiana; excluding store
managers , assistant store managers, meat
department employees, guards, watchmen, and
supervisors as defined in the Act.
5. During the course of the hearing, the Employer
attempted to adduce evidence pertaining to the
necessity of producing the Excelsior' list in this case.
The Hearing Officer sustained objections to this line
of inquiry on the basis that this issue should not be
litigated in a representation hearing. In contending
that this ruling was improper, the Employer urges
that the preelection hearing is the only time the
issue could be raised as to the applicability of
Excelsior, and that the denial of the right to adduce
such evidence is a denial of due process.
For the reasons fully set forth in Murphy Bonded
Warehouse , Inc., 180 NLRB No. 29, we find that
the Hearing Officer's ruling was not prejudicial
error and shall require the furnishing in this case of
an election eligibility list containing the names and
addresses of all the eligible voters, to be provided by
the Employer in accordance with the conditions set
out below.
[Direction of Election= omitted from publication.]
' Excelsior Underwear Inc, 156 NLRB 1236.
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236; N L R B v Wyman-Gordon Company,
394 U S 759 Accordingly , it is hereby directed that an election eligibility
list, containing the names and addresses of all the eligible voters, must be
filed by the Employer with the Regional Director for Region 15 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 No
extension of time to file this list shall be granted by the Regional Director
except in extraordinary circumstances Failure to comply with this
requirement shall be grounds for setting aside the election whenever proper
objections are filed
180 NLRB No. 88