The Liberal Market, Inc.

National Labor Relations Board - Board Decisions

Sep 27, 1954

110 N.L.R.B. 65 (N.L.R.B. 1954)

THE LIBERAL MARKET, INC. 65-
[The Board certified the Union de Empleados de Muelles de Puerto,
Rico (A. F. of L.), Local 24927, as the designated collective-bar-
gaining representative of the employees of employer members of the
Puerto Rico Steamship Association of San Juan, in the unit of
checkers and related classifications found appropriate above in Cases,
Nos. 24-RC-359 and 24-RM-21.]
MEMBER MURDOCK took no part in the consideration of the above
Second Supplemental Decision, Order, and Certification of Repre-
sentatives.
THE LIBERAL MARKET, INC. and RETAIL CLERKS UNION 1552, RETAIL.
CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER. Case
No. 9-RC-P,089. September 27, 1954
Decision and Direction of Election
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Farmer and Members,
Rodgers and Beeson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bergaining within the mean-
ing of Section 9 (b) of the Act: z
1 The motion of the Employer to dismiss on the grounds of contract bar is denied because
the petition herein was filed timely before the automatic renewal date of the contract.
Central Rufina, 108 NLRB 307.
We find no merit in the contention of the Employer that the petition was defective
because the Employer had no opportunity to reply to the request for recognition which
was received after the petition was filed. See American Tobacco Company, Incorporated,
108 NLRB 1211.
2 The parties agree as to the unit except as to the approximately 224 part-time employees
whom the Petitioner would include and the Employer and Intervenor would exclude. The-
part-time employees classified as "fill-ins" and "box boys" average approximately 10 to 12-
or 15 hours of work within a week. On Friday afternoon and Saturday, the "fill-ins" gen--
110 NLRB No. 131.
338207-55-vol 110-6
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All full-time employees in the Employer's retail stores in and
around Dayton, Ohio, but excluding meat and self-service meat de-
partment employees, office employees, guards, professional employees,
assistant managers, managers, and all supervisors as defined in the
Act.
[Text of Direction of Election omitted from publication.]
erally perform the duties of any employees within the unit, being assigned their duties at
random, while the "box boys" box and carry out groceries . The majority of the "fill-ins"
have regular full-time employment elsewhere and the "box boys" are high school students.
Although the Employer utilizes in hiring an "on call" list, there is a high rate of turnover
among the personnel in both groups , and 97 percent of the box boys work less than 4
months. Neither group participates in group benefits nor has any expectation of full-time
employment . Under these circumstances , we believe that the employment of these part-
time employees is not sufficiently regular, but rather is intermittent in character. Ac-
cordingly we exclude them from the unit. The Liberal Market, Inc., 90 NLRB No. 126 at 2,
not reported in printed volumes of Board Decisions and Orders.
THE LIBERAL MARKET, INC. and RETAIL CLERKS UNION 1552, RETAIL
CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER. Case No.
9-RC-29289. October 25,1954
Order Denying Motion and Amending Decision and Direction
of Election
On September 27, 1954, the Board issued a Decision and Direction
of Election in the above-entitled proceeding (110 NLRB 65).
Thereafter, the Petitioner submitted a motion by telegram dated Oc-
tober 6, 1954, to permit the part-time employees excluded from the
unit to vote under challenge and to be allowed to introduce uncon-
sidered and previously unavailable evidence as to part-time employ-
ees. By telegrams dated October 11, 1954, the Employer and The
Liberal Independent Union of Dayton, Ohio, the Intervenor, advised
the Board that they objected to the motion by the Petitioner. The
Board having duly considered the motion and having reconsidered
its original Decision and Direction of Election,
IT IS HEREBY ORDERED that the aforesaid motion be, and it hereby is,
denied.
IT IS FURTHER ORDERED that the said Decision and Direction of Elec-
tion be, and it hereby is, amended by striking therefrom in footnote 2
the words "Under these circumstances, we believe that the employ-
ment of these part-time employees is not sufficiently regular, but
rather is intermittent in character. Accordingly, we exclude them
from the unit."; and substituting therefor the words "Upon these
facts, we are of the opinion that the part-time employees who have
worked less than 18 weeks for the Employer are not regular part-
time,employees as that term is used by the Board. We shall there-
110 NLRB No. 132.