The United Cigar-Whelan Stores Corp.

THE UNITED CIGAR- WHELAN STORES CORPORATION 409 THE UNITED CIGAR-WHELAN STORES CORPORATION' and RETAIL UNION OF NEW JERSEY, LOCAL 108, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, CIO, Petitioner. Cases Nos. 2-RC-5448, 2-RC-5449. 2-RC-5450, and 2-RC-5478(4-RC-1872). April 27, 1953 DECISION AND DIRECTION OF ELECTIONS Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Leonard J. Lurie, 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Murdock and Peterson la Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 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 mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks 4 separate bargaining units com- prised of soda sales employees, drug sales employees, cigar sales employees, and porters employed at each of 4 stores of the Employer in the State of New Jersey. In Case No. Z-RC- 5448 the Petitioner's request is for a unit of these employees at the Employer's Elizabeth store; in Case No. 2-RC-5449 the request is for a unit of employees at the Employer's Plainfield store; in Case No. 2-RC-5450 the request is for a unit of em- ployees at the Employer's Bayonne store ; in Case No. 2-RC- 5478 (4-RC-1872)2 the request is for a unit of employees at the Employer's New Brunswick store. The Employer contends that the only appropriate unit is one comprising all its stores located in region 2, of which the 4 stores herein involved are a part. There is no history of collective bargaining at any of these 4 stores. The Employer operates a nationwide chain of approximately 230 retail drug and cigar stores. It is organized for purposes of administration, supervision, and operation into 5 regions, with some regions being subdivided into districts. Region 1 covers New England and the State of New York; region 2 covers all of the State of New Jersey with exception of Atlantic City; region 3 covers Atlantic City, Pennsylvania, Maryland, Wash- ington, D. C., and West Virginia; region 4 covers the State of Florida; and region 5 covers the west coastarea. The 4 stores involved in this proceeding, as indicated above, are located in geographically separated communities in region 2. 1 The Employer's name appears as amended at the hearing. 2Case No. 2-RC-5478 (4-RC-1872) was transferred, pursuant to Board order, from the Fourth Region for purposes of the consolidated hearing conducted herein. 104 NLRB No 56. 41 0 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All of the Employer ' s stores in region 2 are under the direc- tion and supervision of a regional manager who is responsible for the operation of that region . The regional manager is assisted by a district manager and by a soda supervisor. The local stores, however , exercise a degree of local autonomy. The local store managers order their supplies directly from the Employer ' s warehouse in Brooklyn, New York, or from suppliers approved by the Employer or by the regional man- ager . Payroll data is submitted by local store managers to the Employer's home office in New York , which in turn mails the individual checks directly to the store managers. Local store managers interview job applicants , hire soda fountain and part- time employees , and recommend the hiring of other employees. They also effectively recommend salary increases andpromo- tions to the regional manager . Although full- time employees work the same number of hours at all stores located within the region, the hours that each store remains open vary , depending upon the particular community. The local store managers schedule the working hours for their employees . There is very little interchange of employees between the stores. As stated above , there is no history of collective bargaining at any of the Employer ' s stores located within region 2. How- ever, the Employer has bargaining contracts with unions other than the Petitioner covering some of its stores located in other regions , but these contracts follow no set pattern . Thus, in region 1 there are separate contracts for drug store and cigar store employees in New York City and Long Island embracing three districts . The Employer has another contract that covers part of a fourth district in region 1; the rest of the employees in this region are unrepresented . In region 3 the Employer has a contract that covers its stores in Philadelphia ; the employees in other stores in this regionare unrepresented . In region 5 the Employer has contracts covering its stores in Los Angeles; the other stores in the region are unrepresented. In view of the geographical separation of the stores in region L, the lack of any substantial interchange of employees, the existence of local autonomy, and because no labor organization now seeks to represent these employees on other than a single- store basis , we find that separate units of employees at each of the four stores are appropriate for the purposes of collective bargaining.' A question exists concerning the inclusion of soda fountain managers and cigar managers in the units . The Employer would apparently exclude soda fountain managers on the ground that they are supervisors . The Petitioner is neutral. The Petitioner , on the other hand, would include cigar managers, with respect to whom the Employer does not appear to take any position. , Soda fountain managers: They make purchases for the soda fountains , train soda fountain personnel , and can effectively recommend promotions , discipline , and discharge. The record 3 V J. Elmore 5; , 10S, and $1 00 Stores. Inc ., 99 NLRB 1505; The Great Atlantic & Pacific Tea Company , 85 e'LRB 680. ST. REGIS PAPER COMPANY 411 discloses that the soda fountain manager participates with the store manager and assistant store manager , whom the parties agree are supervisory personnel , in the Employer ' s store bonus plan . We shall , therefore , exclude soda fountain managers from the units as supervisory employees. Cigar managers: They are responsible for the operation of the cigar department in each store . They sell , maintain ade- quate merchandise , and train the cigar clerk in their store. There appears to be 1 cigar manager and 1 cigar clerk in each store , who work on alternative shifts which usually overlap about 3 or 4 hours. In the absence of the cigar manager, the store manager assigns any one of the other clerks to perform his duties . The cigar managers do not participate in the store bonus plan with the store manager , the assistant store manager, and the soda fountain manager , who are supervisory personnel. As the record does riot clearly establish that cigar managers are supervisors as defined in the Act , we shall include them in the units . We find that the following employees of the Employer con- stitute separate units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All soda , drug , and cigar sales employees , porters , and cigar managers , at each of the Employer ' s stores in Elizabeth, Plainfield , Bayonne , and New Brunswick , New Jersey , but ex- cluding registered pharmacists , store managers , assistant store managers , soda fountain managers , and all other super- visors as defined in the Act. Next of Direction of Elections ' omitted from publication., 4 The Regional Director for the Fourth Region is hereby authorized and directed to conduct the election in Case No. 2-RC-5478 (4-RC-1872). ST. REGIS PAPER COMPANY I and INTERNATIONAL ASSOCI- ATION OF MACHINISTS, AFL, Petitioner ST. REGIS PAPER COMPANY and INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, AFL; INTERNA- TIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORKERS, AFL, Joint Petitioners ST. REGIS PAPER COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, Peti- tioner. Cases Nos. 10 -RC-2199, 10-RC-2207, 10-RC-2208, 10-RC-2209, 10-RC-2210, 10-RC- 2217, and 10 -RC-2212. April 27, 1953 DECISION, ORDER, AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held t The names of the Employer and the Petitioner in Cases Nos. 10-RC-2207 to 10-RC-2210, inclusive, and 10-RC-2217, appear as amended at the hearing. 104 NLRB No. 55.