Walgreen Louisiana Co., Inc.

WALGREEN LOUISIANA CO. , S41 Walgreen Louisiana Co., Inc. and General Truckdrivers, Warehousemen, Chauffeurs, & Helpers of America, Local no. 5, affiliated with the International Brother- hood of Teamsters,' Petitioner. Cases 15-RC-4259, et a!. ' May 19, 1970' DECISION AND DIRECTION OF ELECTIONS BY MEMBERS FANNING, BROWN , AND JENKINS Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer I. Harold Koretzky. Following the hearing, and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regula- tions, Series 8, as amended, and by direction of the Regional Director for Region 15, these cases were trans- ferred to the Board for decision. Thereafter the Employer and the Petitioner filed briefs in support of their .respec- tive positions. ' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in con- nection with these cases to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that'they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 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 meaning of Sections 9(c)(1) and Section 2(6) and (7) of the Act. 4. The Employer, a §ubsidiary of Walgreen Company, Incorporated, an `Illinois corporation- operating retail drugstores, discount stores, and restaurant type opera- tions in approximately 40 states, is engaged in the sale of retail and discount -drugs and related items in the' State of Louisiana. Petitioner seeks an election in a unit comprising all pharmacists who fill prescriptions employed at 12 of the Employer's stores located in Monroe, Baton Rouge, Alexandria, Lake Charles, and Shreveport, Louisiana, excluding nonregistered pharmacy managers, office cleri- cal employees, clerks, nonregistered pharmacy manager trainees, guards, watchmen, district manager trainees, and supervisors as defined by the Act. Petitioner also seeks an election in a unit of all full-time and regular part-time pharmacists, excluding all other other employ- ees, watchmen, guards, and supervisors as defined in the Act, employed at the Employer's Globe Discount City store in Baton Rouge, Louisiana. ' The name of the Petitioner appears as amended at the hearing. The Employer contends that its pharmacists who bear the titles of store manager, executive assistant manager registered,2 and assistant manager registered are supervi- sors within the meaning of the Act. The Petitioner asserts that they are professionals without real superviso- ry authority and should be included in the unit. The Employer concedes that chief pharmacists, registered pharmacists, and pharmacy internees are not supervisors and may properly be included. At the Hearing the parties stipulated to the appropriateness of both units and the composition of the Globe Discount City unit, contesting only the supervisory status of certain of the pharmacists as detailed above. The record clearly establishes' that store managers are supervisors within 'the meaning of the Act, that they are responsible for the day-to-day operation of the stores, and that they exercise a wide range 'of authority and discretion in the operation of their ;stores. Indeed, Petitioner in its brief offers no specific argument to the contrary and appears to have virtually abandoned this point. We hold that store managers are supervisors within the meaning of the Act and we shall exclude them from the unit. Assistant managers registered are in sole charge of the Employer's stores for scheduled periods ranging from an average of approximately 3 to an average of approximately 16 hours per week. ' The record shows that while in sole charge assistant managers, inter alia: 'assign jobs; supervise employees in the performance of their' jobs; counsel employees' about, their, work; interview and rate job applicants; have authority to call in replacements to fill temporary vacancies; take action on their: own if serious problems arise; have keys to the store and restricted areas; approve overrings; take surprise cash counts; process special' and employee discounts; have the safe combination; approve and sign payrolls. We conclude that assistant managers registered are vested with a wide range of authority and are supervisors within the meaning of the Act. We shall exclude'them from the unit. On the basis of the foregoing, the parties' stipulations, and the entire record, we find that the following employ- ees of the Employer constitute units appropriate for the purposes of collective bargaining within the meaning of'Section 9(b) of the Act: (1) All full-time and regular part-time Pharmacists, including Chief Pharmacists, Registered Pharma- cists and Pharmacy Internees employed at the Employer's Globe Discount City Store, 5905 Florida Boulevard, Baton Rouge, Louisiana, but excluding all other employees, watchmen, guards and supervi- sors as defined in the Act. (2) All full-time and regular part-time Pharmacists, including Chief Pharmacists, Registered Pharma- cists and Pharmacy Internees employed in the Employer's stores located in Monroe, Baton Rouge, P This title denotes those assistant managers who have been slated for promotion to store manager Since this classification is not currently occupied, we make no findings concerning their unit placement. 182 NLRB No. 79 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Alexandria, Lake Charles and Shreveport, Louisia- meaningful way during these brief periods I would na, but excluding Store Managers , Assistant Manag- find that these assistant managers registered exercise ers Registered , other store employees, guards, routine authority, and I would include them in the unit 4 watchmen and supervisors as defined in the Act [Direction of Elections3 omitted from publication ] MEMBER BROWN, dissenting in part I cannot agree with this decision insofar as it finds that assistant managers registered are supervisors within the meaning of the Act It appears from the record that there are store managers as well as other supervisors who are both pharmacists and nonpharmacists My col- leagues are finding that in addition to those admitted supervisors, there are 22 out of 24 pharmacists who also have supervisory authority during periods varying from an average of about 3 to an average of approximate- ly 16 hours per week, leaving a professional unit of 2 pharmacists in 12 stores I find it inconceivable that the assistant managers registered exercise the scope of authority set out in the principal decision in any 3 In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote all parties to the elections should have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underwear Inc 156 NLRB 1236 N L R B v Wyman Gordon Company 394 U S 759 Accordingly it is hereby directed that election eligibility lists containing the names and addresses of all the eligible voters must be filed by the Employer with the Regional Director for Region 15 within 7 days of the date of this Decision and Direction of Elections The Regional Director shall make the lists available to all parties to the elections No extension of time to file these lists shall be granted by the Regional Director except in extraordi nary circumstances Failure to comply with this requirement shall be grounds for setting aside the elections whenever proper objections are filed " It is entirely possible of course that some of the Assistant Managers Registered have real supervisory functions but I would require that this be established on an individual basis