Union Premier Food Stores, Inc.

In the Matter of UNION PREMIER FOOD STORES, INC., A PENNSYLVANIA CORPORATION; THE FOOD FAIR, INC. OF PENNSYLVANIA, A PENNSYL- VANIA CORPORATION; THE FOOD FAIR, INC., A NEW JERSEY CORPORA- TION and UNITED RETAIL & WHOLESALE EMPLOYEES OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS i Case No. R-859 Retail Grocery and Food Products Industry-Investigation of Representatives: controversy concerning representation of employees : rival organizations; con- troversy as to appropriate bargaining units-Contract : entered into subsequent to filing of petition ; no bar to determination of representatives-Units Appropri- ate for Collective Bargaining : where considerations determinative of appropriate unit are such that either of two contentions is valid, decisive factor is the desire of the employees involved ; determination of dependent upon results of separate elections-Representatives: eligibility to participate in choice ; part- time employees-Elections Ordered Mr. Joseph Castiello, Mr. Geoffrey Cunnif, and Mr. Samuel G. Zack, for the Board. Mr. William B. Rudenko, Mr. Bernard L. Barkan, and Mr. Harry Shapiro, all of Philadelphia, Pa., and Stein & Mandel, by Mr. Louis Stein and Mr. Abraham B. Mandel, of Union City, N. J., for the Companies. Mr. Nathan Ziserman and Mr. Benjamin L. Gudes, both of Phila- delphia, Pa., for the United. Mr. Edward Davis, of Philadelphia, Pa., for Local 1357. Louis F. McCabe and William J. O'Brien, of Philadelphia, Pa., for Local 195 and Local 501. Mr. Albert J. Bader, of Philadelphia, Pa., for Local 18571. Mr. Harold Krieger, of Jersey City, N. J., for Local 584 and Local 1245. Mr. John K. Keane, of Baltimore, Md., for Local 692. Mr. Victor A. Pascal, of counsel to the Board. I The words "Committee for Industrial Organization" originally appeared in the cap- tion, but the words "Congress of Industrial Organizations" have been substituted therefor in accordance with a motion which was granted by the Trial Examiner at the second hearing in this case. 11 N. L. R. B., No. 27. 270 UNION PREMIER FOOD STORES, INC., ET AL. SECOND SUPPLEMENTAL DECISION AND AMENDED DIRECTION OF ELECTIONS February 14, 1939 271 STATEMENT OF THE CASE On April 27, 1938, United Retail & Wholesale Employees of Amer- ica, herein called the United, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition and on May 12, 1938, an amended petition, both petitions alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., herein collectively called the Companies, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 20, 1938, the Na- tional Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 10, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Companies, upon the United, upon Retail Clerks International Protective Association, Food Clerks and Managers Union, Local 1357, herein called Local 1357, and upon Amalgamated Meat Cutters and Butcher Workmen of North America, Local 195, herein called Local 195, the latter two being labor organizations claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on June 16, 17, 20, and 21, 1938, at Philadelphia, Pennsyl- vania, before Mapes Davidson, the Trial Examiner duly designated by the Board. The Board, the Companies, the United, Local 1357, Local 195, and Storage Warehouse Employees Union, Local 18571, herein called Local 18571, a labor organization also claiming to rep- resent employees directly affected by the investigation, were repre- sented by counsel and participated in the hearing. On December 8, 1938, the Board issued a Decision and Direction of Elections.2 On December 16, 1938, it issued an Amendment to the Direction of Elections.3 The Direction of Elections, as amended, di- 210 N. L. R. B. 370. 3 10 N. L. R. B. 376. 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rected that elections by secret ballot be conducted within thirty-five (35) days from the date of the Direction among the full-time em- ployees within the following groups who were employed during the pay-roll period next preceding the date of the issuance of the Direc- tion and the part-time employees within the said groups who were employed by the Companies during any part of 3 of the 4 weeks next preceding the aforesaid date, excluding executives, supervisory em- ployees, and office workers : (a) The warehouse employees to determine whether they desire to be represented by United Retail & Wholesale Employees of America or Storage Warehouse Employees Union, Local 18571, for the pur- poses of collective bargaining, or by neither; (b) The meat cutters and butchers to determine whether they de- sire to be represented by United Retail & Wholesale Employees of America or Amalgamated Meat Cutters and Butcher Workmen of North America 4 for the purposes of collective bargaining, or by neither; and (c) All the remaining employees to determine whether they desire to be represented by United Retail & Wholesale Employees of America or Retail Clerks International Protective Association, Food Clerks and Managers Union,5 for the purposes of collective bargain- ing, or by neither. In its Decision, the Board stated that if a majority of the em- ployees in a group selected one of the A. F. of L. affiliates e to repre- sent them, the employees in said group should constitute a separate bargaining unit; that if a majority in any one or more of the groups accorded the United Retail & Wholesale Employees of America a majority, all the employees in the group or groups which so desig- nated the United should constitute a single bargaining unit. By letter dated December 23, 1938, John K. Keane, on behalf of Retail Clerks International Protective Association, Local 692, herein called Local 692, filed with the Board objections to the inclusion of retail clerks in Baltimore within the scope of the Direction of Election. The letter stated that Local 692 was not a party to the proceedings before the Board and had no notice thereof. ' In Its Decision, the Board stated that the names of the respective internationals with which Local 1357 and Local 195 were affiliated were to appear on the ballots rather than the names of the locals themselves, inasmuch as the record showed that the jurisdiction of the locals did not include all the areas in which the stores of the Companies are situ- ated. The Board also stated that if an international was designated as bargaining repre- sentative, that organization would be able to determine through its own procedure what local or locals affiliated with it were to effectuate the bargaining. R See footnote 4. 6 The labor organizations referred to as the A F. of L. affiliates were the following : Storage Warehouse Employees Union, Local 18571; Amalgamated Meat Cutters and Butcher Workmen of North America ; and Retail Clerks International Protective Associa- tion, Food Clerks and Managers Union. UNION PREMIER FOOD STORES, INC., ET AL. 273 On December 30, 1938, Grocery and Food Clerk's Local 1245, R. C. I. P. A., affiliated with the American Federation of Labor, the local being herein called Local 1245, filed with the Board a peti- tion stating that it has jurisdiction over grocery and food clerks in the State of New Jersey; that it has among its members all persons engaged as grocery and food clerks by the Food Fair, Inc. in the stores located in the town of West New York, county of Hudson, and the State of New Jersey, and in the city of Paterson, county of Passaic, and State of New Jersey; that the New Jersey Food Fair Inc. is not engaged in interstate commerce; and that said local was not made a party to the proceedings and did not have an opportunity to be heard. In its petition, Local 1245 asked that a hearing be held relative to the petition unless the Board excluded from its Direction of Election the grocery and food clerks "em- ployed by the Food Fair Inc., particularly [in] markets located in the Town of West New York, County of Hudson, and State of New Jersey, and the City of Paterson, County of Passaic, and State of New Jersey" and further asked "a stay of any election in the State of New Jersey of the grocery and food clerks employed by the Food Fair pending a determination of this petition." On January 5, 1939, the Board issued a Supplemental Decision, Order, and Second Amendment to Direction of Election 7 in which it found that labor organizations claiming to represent employees di- rectly affected by the investigation of the Board were not notified of the proceeding before the Board and did not have an opportunity to be heard and that it was necessary to order the holding of an additional hearing at which all parties having an interest in the proceedings might have an opportunity to participate and introduce testimony. The Board ordered that the Regional Director for the Fourth Region provide for an additional appropriate hearing upon due notice to take further evidence in accordance with the Supple- mental Decision and that the elections be conducted at such time as the Board might in the future direct. On January 10, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Companies and their attorneys; upon the American Federation of Labor individually and on behalf of its affiliated unions claiming jurisdiction over em- ployees of any of the Companies; upon Joseph A. Padway as attor- ney for the American Federation of Labor; upon the Committee for Industrial Organization individually and on behalf of its affili- ated unions claiming jurisdiction over employees of any of the Companies ; upon Lee Pressman as attorney for the Committee for T10 N. L. R. B. 877. 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Industrial Organization'; upon the Retail Clerks International Pro- tective Association, Food Clerks and Managers Union, individually and on behalf of its locals claiming jurisdiction over employees of any of the Companies; upon the Amalgamated Meat Cutters and Butcher Workmen of North America individually and on behalf of its locals claiming jurisdiction over employees of any of the Com- panies; upon Storage Warehouse Employees Union individually and on behalf of its locals claiming jurisdiction over employees of any of the Companies; upon the United and its attorney; upon Local 1357 and its attorney; upon Local 195 and its attorneys; upon Local 1245 and its attorney; upon Local 692 and its attorney; upon Local 18571 and its attorney; upon Amalgamated Meat Cutters and Butcher Workmen of North America, Local 584, herein called Local 584; and upon United Food Workers Industrial Union, Local 107. On January 16, 1939, Local 584 filed with the Board a petition stating that it has jurisdiction over meat cutters and butchers in the counties of Bergen, Passaic, and Hudson in the State of New Jersey; that it has among its members all persons engaged as butchers by the Food Fair Inc. in the town of West New York, county of Hudson, and State of New Jersey, and in the city of Paterson, county of Passaic, and State of New Jersey ; that the New Jersey Food Fair Inc. is not engaged in interstate commerce; that said local was not made a party to the proceedings and did not have an opportunity to be heard. In its petition, Local 584 asked that a hearing be held relative to the petition unless the Board excluded from its Direction of Election the butchers "employed by the Food Fair Inc. particularly in markets located in the Town of West New York, County of Hudson, and State of New Jersey, and the City of Paterson, County of Passaic, and State of New Jersey." Pursuant to the notice and a notice of change in place of hearing duly served upon the parties, a hearing was held on January 19, 20, and 21, 1939, at Philadelphia, Pennsylvania, before Webster Powell, the Trial Examiner duly designated by the Board. The Board, the Companies, the United, Local 1357, Local 195, Local 18571, Local 584, Local 1245, Local 692, and Amalgamated Meat Cutters and Butcher Workmen of North America, Local 501, herein called Local 501, a labor organization also claiming to represent employees directly af- fected by the investigation, were represented by counsel and partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner denied the motions made by the attorneys for Local 1245, Local 584, and Local 692 to dismiss the proceeding upon the ground that the Board lacked jurisdiction thereof and made rulings UNION PREMIER FOOD STORES, INC., ET AL. 275 on other motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The Board hereby withdraws the findings of fact and conclusions of law set forth in its Decision of December 8, 1938. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES Union Premier Food Stores, Inc., a Pennsylvania corporation, operates 12 retail food stores in Pennsylvania which sell meats, groceries, produce, seafoods, dairy products, and other food products. It owns the entire stock of The Food Fair, Inc. of Pennsylvania, a Pennsylvania corporation, which operates 11 retail food stores in Pennsylvania, and of The Food Fair, Inc., a New Jersey corpora- tion, which operates 6 retail food stores in New Jersey and 5 retail food stores in Baltimore, Maryland. It also owns warehouses in Philadelphia and Harrisburg, Pennsylvania, and in Baltimore, Mary- land. Employees are frequently interchanged among the Companies and among the various stores and a single pay roll is kept for all the employees. It was stipulated by counsel for the Companies that, "the present approximate annual sales of the business of the three corporations is $22,000,000"; that "each of said 34 stores and warehouses sells to and buys from all the other stores and warehouses"; that "merchan- dise shipments are made interchangeably between stores, warehouses and states in which the places of business of the corporations are located in every possible variety of manner"; that "the total amount of merchandise purchased by the three corporations for the year 1938 is $15,047,040.69"; that "the value of merchandise used and handled by the warehouses of the three corporations, purchased and shipped in interstate commerce to said warehouses from numerous points outside the State in which the particular warehouse is situated, is approximately $9,000,000"; that "approximately 90% of the mer- chandise used or handled by the warehouses of the three corpora- tions is purchased and shipped to said warehouses from numerous points outside the state (in which) the particular warehouse is situated"; and that "approximately 600/-0 of the said merchandise is in turn purchased by and shipped to stores outside the state in which the particular warehouse is situated." It was also stipulated that for all practical purposes the Com- panies "constitute interdependent corporations having a unity of 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ownership, operations and management" and that they "are now, and have been for a long period of time, engaged in interstate commerce and are, therefore, subject to the jurisdiction of the National Labor Relations Board." II. THE ORGANIZATIONS INVOLVED United Retail & Wholesale Employees of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its membership all employees of the Companies, except office workers, supervisors, and superintendents. Retail Clerks International Protective Association, Food Clerks and Managers Union, is a labor organization affiliated with the American Federation of Labor, admitting to its membership, through its locals, all employees of the Companies, except executives, office employees, warehousemen, and, in some cases, meat cutters and butchers. The jurisdiction of its Local 1357, according to its presi- dent and business agent, includes the territory "from Linwood, New Jersey, South to Cape May, North to Easton, Pennsylvania, and South to New Castle, Delaware," but does not extend to Maryland. The jurisdiction of its Local 692, according to its business agent and financial secretary, extends over an area within 5 miles of Baltimore and includes the 5 stores in Baltimore. The jurisdiction of its Local 1245 appears to be limited to the territory in the State of New Jersey between the "Hudson River and the Delaware River and from High Point, Sussex County, to Trenton." Amalgamated Meat Cutters and Butcher Workmen of North America is a labor organization affiliated with the American Fed- eration of Labor, admitting to its membership, through its locals, employees of the Companies who work in its meat departments. The jurisdiction of its Local 195, according to its financial secretary, "runs Westward from Hammonton, New Jersey, as far as Reading, Pennsylvania ; from Trenton, New Jersey, on the North to Wilming- ton, Delaware, on the South, to, but not including Wilmington." Its Local 501 was formed at Atlantic City, New Jersey, its jurisdiction including the territory "from Hammonton, New Jersey, East to the East Coast" and from "Asbury Park, New Jersey, on the North to Cape May Point, New Jersey, on the South." The jurisdiction of its Local 584 includes Hudson, Bergen, and Passaic counties, New Jersey. Storage Warehouse Employees Union, Local 18571, is a labor organization affiliated with the American Federation of Labor, ad- mitting to its membership warehouse employees of the Companies. UNION PREMIER FOOD STORES, INC., ET A.L. III. THE QUESTION CONCERNING REPRESENTATION 277 Sometime prior to 1938 Local 1357, Local 195, and Local 18571 began to organize and thereafter presented to the Companies pro- posed agreements covering the clerical employees, the meat cutters and butchers, and the warehouse employees, respectively. Although the Companies apparently negotiated with the three labor organiza- tions from such time until the early part of 1938, the negotiations failed to result in the execution of any agreements. Accordingly, picketing of certain of the stores of the Companies began about March 24, 1938. During the latter part of 1937, Local 692 began an organizational campaign among employees at the Baltimore, Maryland, stores and it secured a charter on April 13, 1938. Local 692 claims to represent a majority of the employees at the Baltimore stores eligible to its membership. During March 1938, the United began organizing employees of the Companies and claims to represent a majority of the employees of the Companies within an appropriate unit. Local 584 states that after the first part of August 1938 it entered into agreements with The Food Fair Inc. whereby the latter agreed that jobs in the meat departments at the stores which the Company had opened at West New York and Paterson, New Jersey, would be filled by members of Local 584. Inasmuch as any such agreements were made subsequent to the date on which petitions had been filed with the Regional Director asking an investigation and certification of representatives for employees of the Companies and while the Board was conducting its investigation, the agreements do not consti- tute a bar to any investigation or certification of representatives.8 In its petition, Local 1245 stated that it "has among its members all persons engaged as grocery and food clerks by The Food Fair Inc." in its West New York and Paterson stores. We find that a question -has arisen concerning the representation of employees of the Companies. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Companies 8 See Matter of Standard Cap d Seal Company; Fargo Cap Corporation and Lodge 804, International Association of Machnntists , 10 N. L. R B. 466; Matter of Unit Cast Cor- poration and Steel Workers Organizing Committee, 7 N. L R. B. 129; Matter of Pacific Lumber Inspection Bureau, Inc. and Northwest Lumber Inspector's Union, Local No. 20,877, 7 N. L. R . B. 529; and Matter of California Wool Scouring Company and Textile Workers Organizing Committee. 5 N. L. R. B. 782 164275-39-vol xi-19 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and has led and tends to lead to labor disputes burdening and obstruct- ing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The United seeks a bargaining unit composed of all employees of the Companies, excluding executives, supervisory employees, and office workers. It states in support of this unit that there is a com- munity of interest among all of the said employees as regards collec- tive bargaining and that, due to frequent transfer of employees among the various stores and warehouses and among the various departments, more than one bargaining unit is impractical. At the first hearing, Local 1357,•Local 195, and Local 18571 sought three bargaining units among the employees of the Companies, ex- cluding executives, supervisory employees, and office workers. They asked for one unit composed of warehouse employees of the Com- panies; a second unit composed of meat cutters and butchers of the Companies; and a third composed of the remaining employees of the Companies. They claimed that there are distinct craft groups among the employees and that more effective bargaining is possible if such employees are established in separate bargaining units. At the second hearing, Local 195 and Local 501 took the position that there should be established one bargaining unit composed of the meat cutters and butchers employed by the Companies within the area covered by the jurisdiction of Local 195 and a separate bargaining unit composed of meat cutters and butchers employed by the Com- panies within the area covered by the jurisdiction of Local 501. Local 692 contended that the clerks of the five stores at Baltimore. Maryland, constitute a separate appropriate unit. Local 584 claimed as appropriate a separate bargaining unit composed of the meat cutters and butchers of the West New York and Paterson, New Jersey, stores. Local 1245 did not state its position relative to the appropriate unit or units. We have noted in Section I above that Union Premier Food Stores, Inc., owns the entire stock of The Food Fair Inc., of Pennsylvania and The Food Fair, Inc. All three companies have their principal place of business at the same location in Philadelphia. The officers .1nd directors of the three companies are substantially identical. The Companies are operated as an integrated business enterprise under one central management in Philadelphia which directs,their policies ,, It is to be noted in this connection that the United States Circuit Court of Appeals rot the Third Circuit stated , in an opinion dated August 2 1988 (98 F (2d) $; 2I), in a case involving the Companies and several of the labor organizations here in\otved, that the Companies are "separate and distinct , but are component and interdependent units of a single enterprise" and that they "are now and for many years hay a been engaged int buying, selling and shipping merchandise in interstate commerce " UNION PREMIER FOOD STORES, INC., ET AL. 279 All hiring and discharging of employees is made by or subject to review by the central office. Under the circumstances, we conclude that the bargaining unit or units should be based on employees of all three companies and that separate bargaining units should not be established on the basis of employees in particular stores or in par- ticular geographical areas. We now turn to the question as to whether the warehousemen and the meat cutters and butchers of the Companies, respectively, may appropriately be held to constitute separate bargaining units or whether such employees are properly included in one unit with the other employees of the Companies. The facts set forth above indi- cate the feasibility of the latter approach. The fact that a'number of employees are rather permanently assigned to particular types of work and that the warehouse employees on the one hand and the meat cutters and butchers on the other hand are rather well defined groups indicates the feasibility of the former approach. Un- der the circumstances, we conclude that the desires of the employees themselves should be determinative.10 We conclude, moreover, that the desires of the employees can best. be ascertained by elections by secret ballot. Since it appears from the record that the respective Jurisdictions of Local 1357, Local 19'5, Local 501, Local 584, Local 1245, and Local 692 do not include all the areas in which stores of the Companies are situated, we shall place on the ballots the names of the internationals with which these locals are affiliated rather than the names-of the locals themselves. If an international is desig- nated as bargaining representative, that organization will be able to determine through its own procedure what local or locals affiliated with it are to effectuate the bargaining. We will, therefore, order the following elections among the fol- lowing employees of the Companies, excluding executives, supervisory employees, and office workers : One among the warehouse employees to determine whether they desire to be represented by the United or by Local 18571, or by neither ; one among the meat cutters and butchers to determine whether they desire to be represented by the United or by Amalgamated Meat Cutters and Butcher Workmen of North America, or by neither; and the third among the remaining employees of the Companies to determine whether they desire to be represented by the United or by Retail Clerks International Pro- tective Association, Food Clerks and Managers Union, or by neither. If a majority of the employees in any group select one of the or- ganizations affiliated with the American Federation of Labor to, represent them, the employees in said group shall constitute a sep- arate bargaining unit. If a majority of the employees in any one 10 See Matter of The Globe Machine and Stamping Co and Metal Polishers Union, Local, No. 3; International Association of Machinists, Ds8trict No 54; Federal Labor Union 18788, and United Automobile Workers of America, 3 N. L. R. B. 294. 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or more of the groups accord the United a majority, all the employees in the group or groups which so designate the United shall constitute a single bargaining unit. - All the labor organizations participating in the hearings, except Local 584, apparently took the position that regular part-time em- ployees of the Companies should be allowed to participate in any elec- tion, but that temporary part-time employees or transients should be excluded from such participation. Local 584 contended that the dis- tinction between regular part-time employees and temporary part- time employees did not exist among the meat cutters and butchers employed at the West New York and Paterson stores. The Companies contended that persons not working full time are temporary em- ployees and that only full-time employees should be deemed employees of the Companies. If a part-time worker was employed by any of the Companies during part of 3 of the 4 weeks immediately preced- ing the date of the Amended Direction of Elections hereinafter pro- vided for, we conclude that he may fairly be considered as a regular part-time employee. All such employees will be allowed to participate in the elections herein ordered. Accordingly the persons eligible to vote in the three elections will be the full-time employees within the three respective groups specified above who were employed by the Companies during the pay-roll period next preceding the date of the issuance of the said Amended Direction of Elections and the part- time employees within said groups who were .employed by the Com- panies during any part of 3 of the 4 weeks next preceding the said date. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSION OF LAW A question affecting commerce has arisen concerning the repre- sentation of employees of Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. AMENDED DIRECTION OF ELECTIONS The Direction of Elections issued by the Board on December 8, 1938, as amended by the Orders of the Board dated December 16, 1938, and January 5, 1939, are hereby withdrawn and, by virtue of and pur- suant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby UNION PREMIER FOOD STORES, INC., ET AL. 281 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Union Premier Food Stores, Inc., The Food Fair, Inc., of Pennsylvania, and The Food Fair, Inc., elections by secret ballot shall be conducted with- in thirty (30) days from the date of this Amended Direction of Elec- tions under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the full-time employees within the groups described below who were employed by the Companies during the pay-roll period next preceding the date of this Amended Direc- tion of Elections and the part-time employees within the said groups who were employed by the Companies during any part of 3 of the 4 weeks next preceding the aforesaid date, excluding executives, super- visory employees, and office workers : (a) The warehouse employees to determine whether they desire to be represented by United Retail & Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, or Storage Warehouse Employees Union, Local 18571, affiliated with the Amer- ican Federation of Labor, for the purposes of collective bargaining, or by neither; (b) The meat cutters and butchers to determine whether they desire to be represented by United Retail & Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, or Amalga- mated Meat Cutters and Butcher Workmen of North America, affili- ated with the American Federation of Labor, for the purposes of collective bargaining, or by neither; (c) All the remaining employees to determine whether they desire to be represented by United Retail & Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, or Retail Clerks International Protective ,Association, Food Clerks and Man- agers Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.