Retail Clerks International Association

390 DECISIONS :OF NATIONAL LABOR: RELATIONS: BOARD RETAIL CLERKS INTERNATIONAL ASSOCIATION, A. F. OF L., AND RETAIL CLERKS UNION, LOCAL 648 and SAFEWAY STORES, INCORPORATED RETAIL CLERKS INTERNATIONAL ASSOCIATION , A. F. OF L., AND-RETAIL CLERKS UNION, LOCAL 541 and SAFEWAY STORES, INCORPORATED ,RETAIL CLERKS INTERNATIONAL ASSOCIATION , A. F. OF L., AND RETAIL CLERKS UNION, LOCAL 373 and SAFEWAY STORES , INCORPORATED RETAIL CLERKS INTERNATIONAL ASSOCIATION , A. F. OF L., AND RETAIL CLERKS UNION, LOCAL 839 and SAFEWAY STORES, INCORPORATED RETAIL CLERKS INTERNATIONAL ASSOCIATION , A. F. OF L., AND, RETAIL CLERKS UNION5 LOCAL 1532 and SAFEWAY STORES, INCORPORATED. Cases Nos. 20-CB-43,20-CB-45,20-CB-46, 20-CB-417, and DLO-CB- 60. July 30,1952 Second Supplemental Decision and Amended Orders On November 3, 1949, the Board issued its Decision and Orders in the above-entitled cases. After sundry proceedings in the United States Court of Appeals for the Ninth Circuit, the Board, pursuant to the court's remand in Case No. 20-CB-43, reopened the records in the above-entitled cases for the purpose of taking testimony to determine whether location managers employed by the Employer, Safeway Stores, Incorporated, were supervisory employees within the mean- ing of the pertinent provisions of the Board's Orders, and accordingly directed that a hearing be held before a Trial Examiner to be duly designated. A hearing having been duly held on March 1, 2, and 6, 1951, and the Trial Examiner having thereafter submitted his Inter- mediate Report containing his findings and recommendations, the Board on October 1, 1951, adopted the Trial Examiner's findings that location managers are supervisory, employees within the meaning of the Act and amended its Order in Case No. 20-CB-43 so as to provide in paragraph 1 (b) thereof that the Respondent Retail Clerks In- ternational Association, A. F. of L., and, Respondent Retail Clerks Union, Local 648 "1. Shall not:. (b) Refuse to bargain collectively with Safeway for the employees in the unit described in paragraph numbered IV of the stipulation in Case 20-CB-43 by insisting or demanding, as a condition to such bargaining, that Safeway bargain collectively for location managers or other supervisory employees of Safeway within the meaning of Section 2 (11) of the Act." As the issue of whether location managers are supervisory employees within the meaning of the pertinent provisions of the Board's Order is also present in the remaining above-entitled cases, and as the parties 100 NLRB No. 63. RETAIL CLERKS INTERNATIONAL ASSOCIATION 391 stipulated at the hearing that the evidence introduced with respect to location managers employed by Safeway in the area involved in Case No. 20-CB-43, was applicable to location managers employed by Safe- way in the areas involved in the other cases, the Board was- of the opinion that the Decision and Orders in said remaining cases should also be amended. Accordingly, the Board, on February 29,1952, issued notice to show cause, returnable on or before March 10, 1952, why the Board should not amend its Decision and Orders in Cases Nos. 20- CB-45, 20-CB-46, 20-CB-47, and 20-CB-60 in the manner specified in said notice. In answer thereto, the Respondent Labor Organizations and Safeway objected to the proposed amendment on various grounds. The objections of the Respondent Labor Organizations are in sub- stance the same as those previously made and rejected by the Board in Case No. 20-CB-43. Safeway also repeats earlier objections made and rejected, except that it now argues, in addition, that the Board is without authority to act in these additional cases. We do not agree. The Board is consequently of the opinion that no good and sufficient cause has been shown for not issuing this Second Supplemental Deci- sion and Amended Orders. SUPPLEMENTAL FINDINGS OF FACT On the basis of the entire record, including the additional hearing held in connection with the above-entitled cases, the Board finds that the location managers involved in Cases Nos. 20-CB-45, 46, 47, and 60 are supervisors within the meaning of the Act. Amended Orders Upon the basis of the findings of fact, the stipulations, and the entire record in the cases, the National Labor Relations Board hereby amends its Orders of November 3, 1949: In Case No. 20-CB-45, in respect to paragraph 1 (b) thereof, so that the same shall read as follows: Retail Clerks International Associa- tion, A. F. of L., and Retail Clerks Union, Local 541: 1. Shall not : (b) Refuse to bargain collectively with Safeway for the employees in the unit described in paragraph numbered IV of the stipulation in Case No. 20-CB-45, by insisting or demanding, as a condition to such bargaining, that Safeway bargain collectively for location managers or other supervisory employees of Safeway within the meaning of Section 2 (11) of the Act, and In Case No. 20-CB-46, in respect to paragraph 1 (b) thereof, so that the same shall read as follows : Retail Clerks International Associa- tion, A. F. of L., and Retail Clerks Union, Local 373: 392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Shall not : (b) Refuse to bargain collectively with Safeway for the employees in the unit described in paragraph numbered IV of the stipulation in Case No. 20-CB-46, by insisting or demanding, .as- a condition to sucly barg 7ning,,that Saeway bargain eo+llectiteiy for location inanrigers or other supervisory employees of Safeway within the meaning of Section 2 (11) of the Act, and In Case No. 20-CB-47, in respect to paragraph 1 (b) thereof, so that the same shall read as follows : Retail Clerks International Associa- tion, A. F. of L., and Retail Clerks Union, Local 839: 1. Shall not : (b) Refuse to bargain collectively with Safeway for the employees in the unit described in paragraph numbered IV of the stipulation in Case No. 20-CB-47, by insisting or demanding, as a condition to such. bargaining, that Safeway bargain collectively for location managers or other supervisory employees of Safeway within the meaning of Section 2 (11) of the Act, and In Case No. 20-CB-60, in respect to paragraph 1 (b) thereof, so that the same shall read as follows : Retail Clerks International Associa- tion, A. F. of L., and Retail Clerks Union, Local 1532: 1. Shall not : (b) Refuse to bargain collectively with Safeway for the employees in the unit described in paragraph numbered IV of the stipulation in Case No. 20-CB-60, by insisting or demanding, as a condition to such bargaining, that Safeway bargain collectively for location managers or other supervisory employees of Safeway within the meaning of Section 2 (11) of the Act. MEMBER PETERSON took no part in the consideration of the above Second Supplemental Decision and Amended Orders. LOCAL UNION No. 6281 , UNITED MINE WORKERS OF AMERICA and RUFUS M. TACKETT AND M. L. MULLINS . Case No. 9-CE-95. Jvl y 30, 1952 Decision and Order On November 29, 1951, Trial Examiner Albert Wheatley issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the In- termediate Report attached hereto. The Trial Examiner also found that the Respondent had not engaged in certain other alleged unfair labor practices, and recommended that the complaint be dismissed 100 NLRB No. 64.