The Great Atlantic and Pacific Tea Co.

National Labor Relations Board - Board Decisions

May 4, 1956

115 N.L.R.B. 1279 (N.L.R.B. 1956)

THE GREAT ATLANTIC AND PACIFIC TEA COMPANY 1279
chanics may spend a substantial amount of time in the boilerroom in
the repair and maintenance of machinery and equipment does not de-
stroy the functional unity of the boilerroom group, for the duties of the
maintenance mechanics are not limited solely to the repair and main-
tenance of boilerroom and refrigeration equipment' Nor is such
unit rendered inappropriate on grounds of interchange by reason of the
fact that maintenance mechanics are transferred or promoted to the
boilerroom classification, or have common supervision,' where it is
clear that such transfers and promotions are made on a permanent
basis and do not destroy the functional identity of the occupational
group.' Furthermore, we find no merit in the Employer's argument
that integration of production processes, or similar employee benefits,
are factors which would preclude the finding of a separate unit of
boilerroom employees.lo
On the basis of the record and entirely apart from any considera-
tion of the extent to which the Employer's boiler and refrigeration
men may have been separately organized," we find that all boiler and
refrigeration men 12 at the Employer's Newark, New Jersey, plant, ex-
cluding office clericals, watchmen, guards, all other employees, and
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
[Text of Direction of Election omitted from publication.]
See Swift and Company, supra, 334 ( utility maintenance men).
El. L. Handy Company , 81 NLRB 425,426.
e North American. Aviation, 115 NLRB 1090. For the reason given above , the facts
of the instant case are to be distinguished from those in General Electric Company, 112
NLRB 839, 839-840. There the record showed that employees operating automatic boilers
were unlicensed and that it was the employer's intention to have boiler operators inter-
change regularly with the maintenance men in operating the boilers and performing gen-
eral factory maintenance work.
10 American Potash & Chemical Corporation , supra; North American Aviation, Inc.,
supra.
11 See Shoreland Freezers, Inc., 108 NLRB 723, 728.
''a Although the Petitioner claims only 4 employees as properly belonging in the unit,
the evidence in the case shows, although not conclusively, at least 1 more employee classi-
fied as a boiler and refrigeration man who is assigned to the boilerroom. If such be the
case, this employee should be included in the unit irrespective of whether or not he holds
a fireman or steam engineer license.
The Great Atlantic and Pacific Tea Company and Retail Clerks
International Association , AFL-CIO, Petitioner. Case No. 15-
RC-1331 May 4,1956
SUPPLEMENTAL DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
Pursuant to a Decision and Direction of Election (not reported in
printed volumes of Board Decisions and Orders) of the National
115 NLRB No. 200.
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board dated January 20, 1956, an election by secret
ballot was conducted on February 1, 1956, under the supervision of
the Regional Director among the employees in the appropriate unit,
at the Employer's Pascagoula, Mississippi, plant. Upon the comple-
tion of the election, the parties were furnished with a tally of ballots
which showed that of approximately 25 eligible voters, 21 cast ballots,
4 cast ballots for and 17 cast ballots against the Petitioner, and 7
ballots were challenged.
On February 2, 1956, the Petitioner filed timely objections to con-
duct affecting the results of the election which contained '10 specifica-
tions of alleged improper conduct by the Employer. Pursuant to the
Board's Rules and Regulations, the Regional Director investigated
the objections and, on March 16, 1956, issued and duly served upon
the parties his report on objections to the election. The Regional
Director recommended that all the objections be overruled and that
the results of the election be certified. Thereafter, the Petitioner filed
timely exceptions to the Regional Director's report.
In its first objection, the Petitioner alleged that the Employer held
a meeting of the employees in its store at 6 p. m. on January 31, 1956,
the' evening prior to the election, in violation of the Board's 24-hour
rule.'
The Regional Director found that, in accordance with the Employ-
er's policy, a meeting was held the evening prior to the election
immediately after the store had closed and after the employees had
clocked out; that the regular and part-time employees had been
notified of the meeting; that some of,the part-time employees had
been told that their attendance was desired but not required, and that
several part-time employees attended; and that the regular employees
working that day attended with the exception of two employees who
had requested and were given permission to leave. The Regional
Director found that the store manager had mentioned at this meeting
the election to be held the following day, the importance of voting,
and that the employees were free to vote either way. The superin-
tendent of the Employer's southern division also spoke, assuring the
employees that he had not come to pressure them into voting against
the Union, and that any such motive attributed to him was untrue.
He also stated that jobs with the Employer were good and that the
employees were given many benefits. On the basis of the above, the
Regional Director found that the speech, though held on company
property, was not conducted on company time, and was therefore
not a violation of the Plywood rule.'
1 Peerless Plywood Company, 107 NLRB 427.
Peerless Plywood Company, supra.
POTATO GROWERS COOPERATIVE COMPANY 1281
It is clear from the Regional Director's findings of fact that the
meeting was of an electioneering nature and that no effort was made
by the Employer to advise the regular employees that the meeting
was voluntary. That the meeting was involuntary is indicated by
the fact that it was necessary for certain employees to request and
obtain permission to be excused from attending. Furthermore, as
regards prior meetings of this character, there is no evidence that
employees were excused from attending. Upon these facts, we find
that the employees' attendance called by the Employer immediately
upon the closing of the store, was not voluntary. Accordingly, be-
cause the Employer violated the Peerless Plywood rule by addressing
campaign speeches to employees after working hours and within the
24-hour period preceding the election,3 we find that objection No. 1
is sufficient to justify our setting the election aside. Under these
circumstances, we find no occasion to consider the other nine objections-
of the Petitioner to the conduct of the election.
The Board, having considered the Regional Director's report on
objections to the election, the Petitioner's exceptions thereto, and the-
entire record in this case, hereby overrules the -findings, conclusions,.
and recommendations of the Regional Director with respect to objec-
tion No. 1. We shall therefore order that the election be set aside
and direct a new election in this proceeding.
[The Board set aside the election.]
[Text of Direction of Second Election omitted from publication.]-
8 H & P fronting Company, 114 NLRB 1436.
Potato Growers Cooperative Company and American Federatiom
of Grain Millers, AFL-CIO , Petitioner . Case No. 30-RC-1065.
May 8,1956
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 Claude B. Calkin,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is a cooperative association organized as a corpo-
ration under the laws of the State of Colorado, and operates two
grain elevators, a lumberyard, and a gasoline station. One grain ele-
vator, the lumberyard, and gasoline station are located in Eaton,.,
115 NLRB- No. 202.
390609-56-vol. 115-82