Pacific Stereo and Recycled Stereo

PACIFIC STEREO AND RECYCLED STEREO 825 CBS Inc., d/b/a Pacific Stereo and Recycled Stereo and Retail Clerks Union, Local 870, Retail Clerks International Association, AFL-CIO, Petitioner. Case 20-RC-13396 November 8, 1976 DECISION ON REVIEW BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO On April 30, 1976, the Regional Director for Re- gion 20 issued a Decision and Direction of Election finding a single-store unit of the Employer's employ- ees appropriate for collective bargaining .' Thereafter, pursuant to Section 102.67 of the National Labor Re- lations Board's Rules and Regulations, Series 8, as amended, the Employer filed a timely request for re- view of the Regional Director's decision, contending, inter alia, that the Regional Director's decision is clearly erroneous on the record and that the appro- priate unit should include all full-time and regular part-time employees at all Pacific Stereo retail outlets in its Northern California region. By telegraphic order dated June 2 , 1976, the Board granted the request for review and stayed the election pending decision on review. Also, by telegraphic or- der dated June 4, 1976, the Board denied the Peti- tioner's request that the election previously sched- uled for June 4, 1976, be conducted and the ballots impounded pending decision on review. 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. The Board has considered the entire record in this proceeding with respect to the issues under review, and hereby affirms the Regional Director's determi- nation that the presumptive appropriateness of a sin- gle-store unit has not been rebutted and that the sin- gle-store unit here sought is appropriate. In reaching this conclusion, we note that the manager of the store involved herein rates employee performance, has substantial and immediate day-to-day supervision over the unit employees, and is involved with the dai- ly matters which make up their grievances and rou- tine problems.2 Also, we note that the Employer has no collective-bargaining history for any of its retail stores and that no labor organization seeks to repre- sent the Employer's employees on a broader basis. Accordingly, the case is hereby remanded to the Regional Director for the purpose of conducting an election pursuant to his Decision and Direction of Election except that the payroll period for determin- ing eligibility shall be that immediately preceding the date of the issuance of this Decision on Review. [Ex- celsior footnote omitted from publication.] 1 Petitioner sought a unit of all full-time and regular part-time employees of the Employer's Recycled Stereo store at 2797 Shattuck Avenue, Berkeley, California, excluding the manager, assistant manager, guards, and supervi- 2 Gerbes Super Market Inc, 213 NLRB 803, 805 (1974), Haag Drug Co, sors as defined in the Act Inc, 169 NLRB 877 (1968) 226 NLRB No. 128