The Great Atlantic & Pacific Tea Co.

National Labor Relations Board - Board Decisions

Sep 17, 1941

35 N.L.R.B. 458 (N.L.R.B. 1941)

In the Matter of THE GREAT ATLANTIC & PACIFIC TEA COMPANY and
UNITED RETAIL AND WHOLESALE EMPLOYEES OF AMERICA, CIO
Case No. R-2645
SUPPLEMENTAL DECISION
AND
ORDER
September 17, 19411
On August 5, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election, an
election by secret ballot was conducted on August 27, 1941, under the
direction and supervision of the Regional Director for the Tenth
Region (Atlanta, Georgia). On August 28, 1941, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties his Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible---------------------------------------- 114
Total ballots cost-------------------------------------------- 108
Total number of ballots cast for United Retail and Wholesale
Employees of America, affiliated with the Congress of Indus-
trial Organizations--------------------------------------- 52
Total number of ballots cast for International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers, Local
Union No. 728, affiliated with the American Federation of
Labor---------------------------------------------------- 53
Total ballots cast for neither--------------------------------- 3
Total number of challenged ballots--------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of blank ballots------------------------------- 0
Neither of the labor organizations appearing on the ballot has
requested that the Board direct a run-off election.
133 N. L R. B. 1103
35 N. L. R. B., No. 102.
458
THE GREAT ATLANTIC & PACIFIC TEA COMPANY 459
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees of the Com-
pany in the unit heretofore found to be appropriate for collective
bargaining. We shall, therefore, dismiss the petition for investigation
and certification of representatives of employees of the Company.
ORDER
By virtue of Section 9 (c) of the National Labor Relations 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 ORDERED That the petition for investigation and certifica-
tion of representatives of employees of The Great Atlantic & Pacific
Tea Company, Atlanta, Georgia, filed by United Retail and Whole-
sale Employees of America, CIO, be, and it hereby is, dismissed.
[SAME TITLE]
In the Matter of THE GREAT ATLANTIC & PACIFIC TEA COMPANY and
UNITED RETAIL AND WHOLESALE EMPLOYEES OF AMERICA, CIO
Case No. R4645
Investigation and Certification of Representatives : run-off election directed.
SECOND SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
October 4, 1941
On August 5, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above-entitled proceeding. Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on August 27, 1941,
under the direction and supervision of the Regional Director for
the Tenth Region (Atlanta, Georgia). On August 28, 1941, 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 on the ballot. No objections to the conduct of the ballot or
to the Election Report have been filed by any of the parties.
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible ---- ------------------------------------ 114
Total ballots cast___________________________________________ 108
Total number of ballots cast for United Retail and Wholesale
Employees of America, affiliated with the Congress of
Industrial Organizations ---------------------------------- 52
Total number of ballots cast for International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers,
Local Union No. 728, affiliated with the American Federation
of Labor ------------------------------------------------- 3
Total ballots cast for neither________________________________ 3
Total number of challenged ballots 0
Total number of void ballots________________________________ 0
Total number of blank ballots______________________________ 0
On September 17, 1941, the Board issued its Supplemental Decision
and Order,2 setting forth 'the results of the election as above. The
Board therein stated that neither labor organization appearing on
the ballot had requested that a run-off election be conducted, and that
since the results of the election showed that no collective bargaining
representative had been selected by a majority of the employees of
the company in the unit heretofore found appropriate for the pur-
poses of collective bargaining, the petition for investigation and
certification of representatives would be dismissed.
On September 20, 1941, United Retail and Wholesale Employees
of America, C. I. 0., herein called the United, filed with the Board
a Motion to Reconsider and For Run-off Election. In the aforesaid
motion, the United, in support of its request that a run-off election
be conducted, represented that "the only reason a formal request for
a run-off election was not made was because the petitioning union
had no knowledge that such formal request was necessary and under-
stood that a run-off election would be ordered automatically without
any request being made." In view of the request of the United, we
shall vacate our prior order dismissing the petition herein filed and
direct a run-off election in which the eligible employees will be given
the opportunity to decide whether they desire to be represented by
United Retail and Wholesale Employees of America, affiliated with
the Congress of Industrial Organizations, or by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers,
Local Union No. 728, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.
ORDER
IT IS HEREBY ORDERED that the Order dated September 17, 1941,
dismissing the petition for investigation and certification of repre-
sentatives of employees of The Great Atlantic & Pacific Tea
THE GREAT ATLANTIC & PACIFIC TEA COMPANY 461,
Company, Atlanta, Georgia, filed by United Retail & Wholesale
Employees of America, C. I. 0., be, and the same hereby is, vacated.
SECOND 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
Relations Act, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with The Great Atlantic & Pacific Tea Company, Atlanta, Georgia,
an election by secret ballot shall be conducted as early as possible,
but not later than thirty (30) days from the date of this Second
Direction of Election, under the direction and supervision of the
Regional Director for the Tenth Region, acting in this matter as
agent for the National Labor Relations Board and subject to Article
III, Section 9, of said Rules and Regulations, among the employees
described in the Direction of Election issued August 5, 1941, but
excluding those who have since quit or been discharged for cause,
to determine whether they desire to be represented by United Retail
and Wholesale Employees of America, affiliated with the Congress of
Industrial Organizations, or by International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No.
728, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
35,N. L. R. B., No. 102a.