Kroger Co.

In the Matter Of KROGER COMPANY (ST. Louis BRANCH OFFICE), EMPLOYER and AMALGAMATED MEAT CUTTERS AND BUTCHER WORK- MEN OF NORTH AMERICA, LOCAL 534, A. F. L., PETITIONER Case No. 14-RC-846.-Decided January 18, 1950 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Ralph E. Kennedy, hearing officer. 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 Herzog and Members Houston and Murdock]. 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 organization involved claims to represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The Petitioner seeks to represent a unit consisting of all meat department employees at five of the Employer's stores in the St. Louis branch of the Employer, excluding grocery, clerical, and professional employees, guards, and supervisors. The Employer contends that the unit sought is inappropriate on the ground that the controlling factor supporting the unit requested is the extent of the Petitioner's organi- zation. The Petitioner offered no evidence as to the appropriateness of the unit, and its representative admitted at the hearing that these five stores do "not necessarily" constitute an appropriate unit. It appears from the record that the five stores in question are located in five different towns in Illinois. These locations form a rectangle, about 40 miles long and 20 miles wide. For administrative purposes, 88 NLRB No. 47. 194 KROGE'R COMPANY 195 these stores are included in a group designated by the Employer as District 405. This district embraces more than the five stores herein involved, but the record does not reveal the total number.' It also appears that the Employer operates some stores which are in the same geographical area as the five stores in question, but which may or may not be administratively included by the Employer in District 405. The five stores sought by the Union do not comprise a complete geographical or administrative subdivision,2 nor do they on any other basis appear to constitute a separate appropriate bargaining unit. The Petitioner has not asked to represent all the stores in District 405, nor is the evidence in the present record adequate to determine whether or not the district would constitute an appropriate unit. Fur- thermore, as none of these five stores employs more than one meat. cutter, bargaining units cannot be established at each store.3 Accord ingly, we shall dismiss the petition herein. Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed. ' The Petitioner represents the employees at some, but not at all, of these other stores. 2 See C. Pappas Company, Inc., 80 NLRB 1272. 'Erie City Iron Works, 85 NLRB 1308. 882191-51-14