Walgreen Louisiana Co., Inc.

National Labor Relations Board - Board Decisions

May 19, 1970

182 N.L.R.B. 541 (N.L.R.B. 1970)

WALGREEN LOUISIANA CO. , S41
Walgreen Louisiana Co., Inc. and General Truckdrivers,
Warehousemen , Chauffeurs , & Helpers of America,
Local no. 5, affiliated with the International Brother-
hood of Teamsters ,' Petitioner . Cases 15-RC-4259,
et a!.
' May 19, 1970'
DECISION AND DIRECTION OF ELECTIONS
BY MEMBERS FANNING, BROWN , AND JENKINS
Upon petitions duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer I. Harold Koretzky.
Following the hearing, and pursuant to Section 102.67
of the National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, and by direction of the
Regional Director for Region 15, these cases were trans-
ferred to the Board for decision. Thereafter the Employer
and the Petitioner filed briefs in support of their .respec-
tive positions. '
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the National
Labor Relations Board has delegated its powers in con-
nection with these cases to a three-member panel.
The Board has reviewed the Hearing Officer's rulings
made at the hearing and finds that'they are free from
prejudicial error. They are hereby affirmed.
Upon the entire record in this case, the 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 labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce, exists concerning
the representation of employees of the Employer, within
the meaning of Sections 9(c)(1) and Section 2(6) and
(7) of the Act.
4. The Employer, a §ubsidiary of Walgreen Company,
Incorporated, an `Illinois corporation- operating retail
drugstores, discount stores, and restaurant type opera-
tions in approximately 40 states, is engaged in the sale
of retail and discount -drugs and related items in the'
State of Louisiana.
Petitioner seeks an election in a unit comprising all
pharmacists who fill prescriptions employed at 12 of
the Employer's stores located in Monroe, Baton Rouge,
Alexandria, Lake Charles, and Shreveport, Louisiana,
excluding nonregistered pharmacy managers, office cleri-
cal employees, clerks, nonregistered pharmacy manager
trainees, guards, watchmen, district manager trainees,
and supervisors as defined by the Act. Petitioner also
seeks an election in a unit of all full-time and regular
part-time pharmacists, excluding all other other employ-
ees, watchmen, guards, and supervisors as defined in
the Act, employed at the Employer's Globe Discount
City store in Baton Rouge, Louisiana.
' The name of the Petitioner appears as amended at the hearing.
The Employer contends that its pharmacists who bear
the titles of store manager, executive assistant manager
registered,2 and assistant manager registered are supervi-
sors within the meaning of the Act. The Petitioner
asserts that they are professionals without real superviso-
ry authority and should be included in the unit. The
Employer concedes that chief pharmacists, registered
pharmacists, and pharmacy internees are not supervisors
and may properly be included. At the Hearing the parties
stipulated to the appropriateness of both units and the
composition of the Globe Discount City unit, contesting
only the supervisory status of certain of the pharmacists
as detailed above.
The record clearly establishes' that store managers
are supervisors within 'the meaning of the Act, that
they are responsible for the day-to-day operation of
the stores, and that they exercise a wide range 'of
authority and discretion in the operation of their ;stores.
Indeed, Petitioner in its brief offers no specific argument
to the contrary and appears to have virtually abandoned
this point. We hold that store managers are supervisors
within the meaning of the Act and we shall exclude
them from the unit.
Assistant managers registered are in sole charge of
the Employer's stores for scheduled periods ranging
from an average of approximately 3 to an average of
approximately 16 hours per week. '
The record shows that while in sole charge assistant
managers, inter alia: 'assign jobs; supervise employees
in the performance of their' jobs; counsel employees'
about, their, work; interview and rate job applicants;
have authority to call in replacements to fill temporary
vacancies; take action on their: own if serious problems
arise; have keys to the store and restricted areas; approve
overrings; take surprise cash counts; process special'
and employee discounts; have the safe combination;
approve and sign payrolls.
We conclude that assistant managers registered are
vested with a wide range of authority and are supervisors
within the meaning of the Act. We shall exclude'them
from the unit.
On the basis of the foregoing, the parties' stipulations,
and the entire record, we find that the following employ-
ees of the Employer constitute units appropriate for
the purposes of collective bargaining within the meaning
of'Section 9(b) of the Act:
(1) All full-time and regular part-time Pharmacists,
including Chief Pharmacists, Registered Pharma-
cists and Pharmacy Internees employed at the
Employer's Globe Discount City Store, 5905 Florida
Boulevard, Baton Rouge, Louisiana, but excluding
all other employees, watchmen, guards and supervi-
sors as defined in the Act.
(2) All full-time and regular part-time Pharmacists,
including Chief Pharmacists, Registered Pharma-
cists and Pharmacy Internees employed in the
Employer's stores located in Monroe, Baton Rouge,
P This title denotes those assistant managers who have been slated
for promotion to store manager Since this classification is not currently
occupied, we make no findings concerning their unit placement.
182 NLRB No. 79
542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Alexandria, Lake Charles and Shreveport, Louisia- meaningful way during these brief periods I would
na, but excluding Store Managers , Assistant Manag- find that these assistant managers registered exercise
ers Registered , other store employees, guards, routine authority, and I would include them in the unit 4
watchmen and supervisors as defined in the Act
[Direction of Elections3 omitted from publication ]
MEMBER BROWN, dissenting in part
I cannot agree with this decision insofar as it finds
that assistant managers registered are supervisors within
the meaning of the Act It appears from the record
that there are store managers as well as other supervisors
who are both pharmacists and nonpharmacists My col-
leagues are finding that in addition to those admitted
supervisors, there are 22 out of 24 pharmacists who
also have supervisory authority during periods varying
from an average of about 3 to an average of approximate-
ly 16 hours per week, leaving a professional unit of
2 pharmacists in 12 stores I find it inconceivable that
the assistant managers registered exercise the scope
of authority set out in the principal decision in any
3 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 elections 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 election eligibility lists 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 Elections The Regional Director shall make the lists
available to all parties to the elections No extension of time to file
these lists shall be granted by the Regional Director except in extraordi
nary circumstances Failure to comply with this requirement shall be
grounds for setting aside the elections whenever proper objections
are filed
" It is entirely possible of course that some of the Assistant Managers
Registered have real supervisory functions but I would require that
this be established on an individual basis