Piggly-Wiggly Corp.

In the Matter Of PIGGLY-WIGGLY CORPORATION, EMPLOYER and RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL 1296, AFL, PETI- TIONER Case No. 39-RC-7.-Decided March 03,1949 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 ruling 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.* Upon the entire record in this case, the Board finds : 1. The Employer is a Delaware corporation operating eight retail food stores and a warehouse in the State of Texas. This proceeding is concerned with the five stores and warehouse which the Employer has in metropolitan Houston.' During the year 1947, the Employer purchased merchandise valued at approximately $3,600,000. Of this amount, between 15 and 20 percent was received directly from points outside the State of Texas. Another 12 percent, though bought in Texas, originated from out of the State. With the exception of $2,000 worth of drugs, all the Employer's $4,183,000 of sales are made within the State of Texas., Contrary to the contention of the Employer, we find that the Employer is engaged in commerce within the meaning of the Act and that it would effectuate the policies of the Act to assert jurisdiction here.3 n ITouston, Reynolds , and Murdock. However, in making our decision, we take note of the fact that the Employer also operates a franchise business , in approximately 20 States, Alaska, and Hawaii, licensing grocery stores to use the name , "Piggly-Wiggly " 2 All these figures as to purchases and sales are for the Employer 's eight stores in Texas. The record does not show any breakdown for the five stores in Houston. 'Matter of Tip Top Grocery Company, 81 N. L R B. 955; Matter of Providence Public Market, 79 N. L. R. B 1482, Matter of Margaret Ann Supermarkets, Inc., 78 N L. R. B. 852 In its brief the Employer relies heavily on Matter of McDonald Co-operative Dairy Company, 58 N. L. R. B . 552, where the Board refused to assert jurisdiction. But in that case the company received only $24,000 worth of goods , amounting to a little over 1 percent of its total purchases , directly from out of State. Here, the Employer obtains 15 to 20 percent of its products, between $540 ,000 and $720,000 in value, directly from points outside the State of Texas . Furthermore , $432,000 worth of the Employer's purchases , though bought locally, were purchased from firms which received them from out of State. 82 N. L. R. B., No. 34. 267 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The labor organization named below claims 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) 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 bargaining within the meaning of Section 9 (b) of the Act: All retail clerks in the Employer's five stores in metropolitan Hous- ton, Texas, including checkers, cashiers, stockmen, assistant managers, produce managers, but excluding all meat department employees, porters, janitors, office employees, part-time employees, warehouse employees, guards, professional employees, drug department man- agers, store managers, and supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 60 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also exclud- ing employees on strike who are not entitled to reinstatement, to de- termine whether or not they desire to be represented, for purposes of collective bargaining, by the Retail Clerks International Association, Local 1296, AFL.