Shop Rite Foods, Inc.

SHOP RITE FOODS, INC. 133 Shop Rite Foods, Inc. and Amalgamated Meat Cutters & Butcher Workmen of North America, AFL-CIO,' Petitioner and Retail Clerks Union, Local No. 455, chartered by Retail Clerks International Associa- tion, AFL-CIO,' Petitioner. Cases 23-RC-3344, 23-RC-3347, and 23-RC-3390 January 27, 1972 SUPPLEMENTAL DECISION AND ORDER REMANDING PROCEEDING TO REGIONAL DIRECTOR BY MEMBERS FANNING, JENKINS, AND KENNEDY Pursuant to a Decision, Order, and Direction of Sec- ond Election issued by the National Labor Relations Board on June 23, 1971, an election by secret ballot was conducted in this proceeding under the direction and supervision of the Regional Director for Region 23. At the conclusion of the election, the parties were fur- nished a tally of ballots in accordance with National Labor Relations Board Rules and Regulations, which showed that of approximately 387 eligible voters, 285 cast valid ballots, of which 66 were for the Retail Clerks, 53 for the Meat Cutters, 166 against the par- ticipating labor organizations; 22 ballots were chal- lenged; and none were void. The number of challenged ballots was not sufficient to affect the election results. Thereafter, the Petitioners each filed timely objections to conduct affecting the results of the election. In accordance with National Labor Relations Board Rules and Regulations, the Regional Director con- ducted an investigation and, on October 13, 1971, is- sued and served upon the parties his Report and Recommendations on Objections in which he found merit to Retail Clerks Objection 1. He therefore found it unnecessary to rule upon the remaining objections of either Petitioner. Accordingly, he recommended that the objection be sustained, the election be set aside, and a new election be directed. Thereafter, the Employer and the Meat Cutters filed exceptions to the Regional Director's Report with supporting briefs and the Em- ployer filed an opposition to Meat Cutters exceptions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. Upon the entire record in this proceeding, the Board finds: The election in issue here was conducted among cer- tain employees of the Employer in a unit comprising 26 stores in San Antonio, Universal City, Del Rio, Frede- ricksburg, and Luling, Texas. The election was held on August 21, 1971, in the San Antonio and Universal City stores and on the preceding day, August 20, in the other stores. The Employer concedes that it made captive audi- ence speeches to employees in its San Antonio stores on August 19, 1971, within the 24-hour period immedi- ately preceding the time the election was held in its other stores (excluding Universal City). However, none of the employees so addressed was scheduled to vote within 24 hours of the Employer's speeches. The Retail Clerks objected on the ground that this conduct vi- olated the rule in Peerless Plywood Company, 107 NLRB 427, which prohibits election speeches to massed groups of employees on company time within 24 hours of an election. The Regional Director agreed and recommended that the election be set aside and a new election be directed without reaching the other objections filed by the Petitioners. We find merit to the Employer's exceptions. Where, as here, the election extends over 2 days, with em- ployees voting at separate sites, the Peerless Plywood rule requires only that no speeches be given on com- pany time to massed assemblies of employees who are scheduled to vote within 24 hours. As there is no evi- dence of any speech made to the San Antonio em- ployees within 24 hours of the scheduled polling time for the San Antonio employees, we shall overrule this objection and remand the proceeding to the Regional Director for appropriate action on the remaining objec- tion.' ORDER It is hereby ordered that this proceeding be, and it hereby is, remanded to the Regional Director for Re- gion 23 for consideration of the Petitioners' remaining objections and disposition in accordance with the Board's Rules and Regulations. Herein referred to as Meat Cutters z Herein referred to as Retail Clerks. ' Dixie Drive-It-Yourself System Nashville Company, Inc., 120 NLRB 1608 195 NLRB No. 14