Worth Food Markets

682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record , the Board finds that a unit of all employees employed at the H. W. Rickel and Company's Detroit, Michigan , plant , including the yardmen , but excluding office clerical employees , plant clerical employees , professional employees , guards, and all supervisors as defined in the Act, is appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [The Board thereupon dismissed the petition , without preju- dice, with respect to the employees of Froedtert Grain & Malt- ing Company, Inc.] WORTH FOOD MARKET STORES, INC . d/b/a WORTH FOOD MARKETS and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, LOCAL NO. 570, A. F. L., Petitioner . Case No . 16-RC-1142 . June 19, 1953 SECOND SUPPLEMENTAL DECISION and SECOND DIRECTION OF ELECTION On March 3 , 1953, the Board issued aSupplemental Decision and Order,' in the above-entitled proceeding , in which it ordered the election set aside , remanded this proceeding to the Regional Director of the Sixteenth Region for the purpose of reopening the record , and ordered that a further hearing be held for the sole purpose of receiving evidence concerning the supervisory status of the meat department managers. On April 27 , 1953, all of the parties entered into a stipulation, hereby made a part of the record in this proceeding, which (1) waived a notice of further hearing, ( 2) waived a further hearing, and (3) stipulated that the record in Worth Food Markets, 16 -RC-1199,2, be made a part of the record herein. 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 [Members Houston, Murdock, and Styles]. In accordance with the stipulation of the parties, and on the basis of the entire record in this case , the Board makes the following findings. In its original decision in this proceeding the Board found, in accordance with the stipulation of the parties , that a unit of all meat market employees was appropriate . Thereafter, a question arose as to the supervisory status of the meat market managers, who were included in the unit as "head retail salesmen." The Petitioner would now exclude as supervisors, whereas the Employer would include, the meat market man- agers. 1103 NLRB 259. 2Not reported in the printed volumes of Board Decisions. 105 NLRB No 91. WORTH FOOD MARKETS 683 The record reveals that there are approximately 115 meat department employees , including 9 part -time employees, employed in the Employer ' s 20 stores . One grocery depart- ment and one meat department manager are employed in each store . They in turn are responsible to 2 "supervisors" each of whom is responsible for 10 stores which he attempts to visit daily to see to it that company policy is followed. Although the meat department managers wait on customers like the other retail meat salesmen , they are in charge of, and are immediately responsible for, the operations of the meat markets . In the performance of their duties , they instruct new employees , see that the meat is ordered and that it is properly displayed , see that satisfactory relations are maintained with the customers , and report any irregularities and infractions of company policy to their " supervisor ." They also take charge of the grocery department employees , of which there are about 318 including 121 regular part -time and extra part- time employees , in the absence of the grocery department managers, and vice versa . The meat market department managers do not have the power to hire or discharge, nor does it appear that they can effectively recommend the hiring, discharging , or disciplining of employees. It is admitted, however , that they can give permission for time off without consulting higher authority . In addition, together with the grocery department managers, they sign vouchers and pay the employees from the receipts each Saturday night . Moreover, together with the grocery department managers, they attend special management meetings, are paid top salaries in the stores, and share 25 percent of the store ' s total profits amounting to about $4 , 000 additional compensation a year. In view of the foregoing , and on the basis of the entire record, we conclude that the meat department managers exercise responsible direction over the employees within their depart- ment. We find , therefore , that they are supervisors within the meaning of the Act,3 and shall exclude them from the unit. Accordingly , we amend the unit finding of our original Decision and Direction of Election to read as follo'Ws: All meat market employees of the Employer ' s Greater Fort Worth, Texas , stores, excluding all part -time employees, office and clerical employees , guards and watchmen, profes- sional employees, the meat market managers, and all other supervisors as defined in the Act , constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. In our Supplemental Decision of March 3, 1953, we ordered that the election which had been conducted be set aside. We now direct that a new election be conducted. [Text of Second Direction of Election omitted from publi- cation.] 3 National Food Corporation, 88 NLRB 1500; cf. The Cincinnati Steel Casting Company, 86 NLRB 592; National Tea Co., 89 NLRB 1239; but cf. Theriot Super Food Market, Inc , 101 NLRB 259.