The Pep Boys-Manny, Moe & Jack

246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Pep Boys-Manny, Moe & Jack and Teamsters Local Union No. 676, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petitioner. Case 4-RC-7551 June 25, 1968 DECISION ON REVIEW AND ORDER On January 24, 1968, the Regional Director for Region 4 issued his Decision and Direction of Elec- tion in the above -entitled proceeding , in which he found appropriate a unit confined to the Em- ployer's Cherry Hill, New Jersey, retail store. Thereafter, pursuant to National Labor Relations Board Rules and Regulations , the Employer filed a timely request for review contending , inter alia, that in failing to dismiss the petition on the ground that the requested single-store unit is inappropriate, the Regional Director departed from established Board policy. By telegraphic Order dated February 16, 1968, the National Labor Relations Board granted the request for review. The Employer then filed a brief. The Board has considered the entire record in this case with respect to the issue under review, and makes the following findings: The Employer, which is engaged in the retail dis- tribution of automobile supplies, has its headquar- ters in Philadelphia , Pennsylvania , and operates stores in a number of States . Ten of the Employer's New Jersey retail stores lie in a geographic crescent across the southern part of the State, from Trenton to Atlantic City, as follows: Trenton; the Burlington and Mount Holly stores in Burlington County; the Camden, Audubon, and Cherry Hill stores in Cam- den County; the Woodbury store in Glouchester County; and the Vineland , Bridgeton , and Atlantic City stores. Five of these stores are located respec- tively 3, 6, 8, 12, and 15 miles from the requested Cherry Hill store, and these six stores all lie within counties comprising the New Jersey portion of the Philadelphia metropolitan area .' There is no bar- gaining history among any of the employees in these stores. The Employer's operations are characterized by the high degree of central control and administra- tion common to retail chains. Thus purchasing, warehousing , advertising , and accounting are per- formed centrally. Little distinguishes the Cherry ' See Standard Metropolitan Statistical Areas, 1967 edition, published by the Office of Statistical Standards, Bureau of the Budget-of which we take administrative notice ' Promotions for salesmen consist in transferring to stores with greater sales and thus greater opportunities to earn commissions Hill store from the other Pep Boys stores. All are laid out in the same basic manner, are open the same days and hours , and display and sell the same goods at the same prices . Employees at these stores perform the same functions , enjoy the same basic salary and the same commission on sales , and are eligible for the same prizes . Other terms and condi- tions of employment are also uniform among all the stores involved herein. Temporary and permanent transfers among the stores are frequent, and such transfers are occa- sioned by employee illnesses and vacations , change in sales volumes, modifications of the stores, and employee promotions.' The transfers are made possible by the propinquity of the stores and the fact that many of them are located in the same labor market. Goods are quickly shifted among the stores in response to customer requests. Alterna- tively, customers seeking to purchase an item which is out of stock at one store are permitted to pay for the item at that store and pick it up at another store which has it in stock , or are requested to go directly to such other store. The 10 above-named stores3 are allocated for su- pervision between two district managers who close- ly oversee the store managers . A district manager visits the Cherry Hill store at least once a week and generally twice or more . Additionally the store manager is in frequent communication with both the district manager and the Employer 's headquar- ters by telephone.' The district manager has considerable authority over both the operations of the Cherry Hill store and personnel matters concerning its eight em- ployees, whereas the authority of the store manager is very limited. Thus, the district manager involves himself directly in the day-to-day operations of the store, instructing employees with regard to display, selling , and stock control. The district manager nor- mally conducts the initial interview of applicants for employment at this and other stores, and makes a written recommendation which is forwarded along with the application to the Employer's headquarters where the determination to hire or re- ject the applicant is made . Although in some cir- cumstances the store manager may conduct an ini- tial employment interview, he is not permitted to make a written recommendation on the basis thereof, nor is the store manager authorized to transfer , suspend, promote, or discharge any store employee . The authority to determine all these ' The district manager in charge of the Cherry Hill store also supervises three other New Jersey stores and two stores in adjacent portions of Pennsylvania. 4 Thus, the store manager has telephoned the Employer's headquarters as often as 15 times daily. 17 2 NLRB No. 23 THE PEP BOYS-MANNY, MOE & JACK 247 major personnel actions rests with the district manager or the Employer's headquarters. Upon these facts we find, in disagreement with the Regional Director, that the requested single- store unit is inappropriate . In addition to the in- tegration characteristic of retail chains , the Em- ployer's operations are characterized by a combina- tion of factors-geographical proximity of a number of the stores, substantial and frequent in- terchange of employees among the stores, the limited personal authority of each store manager, and the close supervision exercised by the district manager over him-which is sufficient to overcome the presumption that the requested single-store unit is appropriate.' As we have found the requested unit inappropriate and as the Petitioner has made no alternative unit request, we shall dismiss the petition. ORDER It is hereby ordered that the petition be, and the same hereby is, dismissed. ' Cf Haag Drug Company, Incorporated, 169 NLRB 877, Caribbean Restaurants, Inc, 162 NLRB 676, Home Exterminating Company, 160 NLRB 1480.