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 Case No. R-859 THIRD SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 10,'1939 On December 8, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled case. On December 16, 1938, the Board issued an Amendment to Direction of Elections.2 On January 5, 1939, the Board issued a Supplemental Decision, Order, and Second Amend- ment to Direction of Elections.3. On February 14, 1939, the Board issued a Second Supplemental Decision and Amended Direction of Elections.4 The Direction of Elections, as last amended, provided that, as part of the investigation authorized by the Board to ascertain repre- sentatives for collective bargaining with Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., elections by secret ballot should be conducted within thirty (30) days, 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 the Amended Direction of Elec- tions 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 : ' 10 N. L. R. B. 370. z 10 N. L. R. B. 370. 310 N. L. R. B. 377. d 11 N. L. R. B. 270. 14 N. L. R. B., No. 30. 436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) The warehouse employees to determine whether they desired to be represented by United Retail & Wholesale Employees of Amer- ica, affiliated with the Congress of Industrial Organizations, or Storage Warehouse Employees Union, Local 18571, affiliated with the American Federation of Labor, or by neither; (b) The meat cutters and butchers to determine whether they de- sired to be represented by United Retail & Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, or Amalgamated Meat Cutters and Butcher Workmen of North America, affiliated with the American Federation of Labor, or by neither; and (c) All the remaining employees to determine whether they de- sired 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 Managers Union, affiliated with the American Federation of Labor, or by neither. The Board stated that if a majority of the employees in any group selected one of the organizations affiliated with the American Federa- tion of Labor to represent them, the employees in said group should constitute a separate bargaining unit; and that if a majority of the employees in any one or more groups accorded the United a majority, all the employees in the group or groups which so designated the United should constitute a single bargaining unit. Pursuant to the Amended Direction of Elections, elections by secret ballot were conducted on March 13, 14, and 15, 1939. On March 22, 1939, Bennet F. SchaufHer, Regional Director for the Fourth Region (Philadelphia, Pennsylvania), acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued his Intermediate Report Upon Secret Ballot, copies of which were duly served.upon all the parties interested in the balloting. As to the balloting and the results thereof, the Regional Director reported as follows : WAREHOUSE EMPLOYEES Total eligible voters- ------------------------------------- 71 Total number of ballots counted------------ -------------- . 70 Total number of votes for United Retail & Wholesale Em- ployees of America------------------------------------- 24 Total number of votes for Storage Warehouse Employees Union, Local 18571-------------------------------------- 45 Total number of votes for "Neither"----------------------- I Blank ballots --------------------------------------------- 0 Void ballots---------------------------------------------- 0 Challenged ballots------ ---------------------------------- I UNION PREMIER FOOD STORES, INCORPORATED 437 MEAT CUTTERS AND BUTCHERS Total eligible voters-------------- ------------------------ 260 Total number of ballots counted -------------------------- 210 Total number of votes for United Retail & Wholesale Em- ployees of America---- --------------------------------- 111 Total number of votes for Amalgamated Meat Cutters & Butcher Workmen of North America -------------------- 98 Total number of votes for "Neither"----------------------- 1 Blank ballots----- ---------------------------------------- 0 Void ballots---------------------------------------------- 0 Challenged ballots----- ----------------------------------- 0 ALL OTHERS Total eligible voters--------------------------------------- 1,420 Total number of ballots counted----------------------------- 1,132 Total number of votes for United Retail & Wholesale Em- ployees of America--------------------------------------- 563 Total number of votes for Retail Clerks International Protec- tive Association , Food Clerks & Managers Union----------- 554 Total number of votes for "Neither"----- ------------------- 13 Blank ballots--------------------------------------------- 0 Void ballots---------------------------------------------- - 2 Challenged ballots ---------------------------------------- a On March 2, 1939, August J. Miskell, president of Retail Clerks International Protective Association, Food Clerks and Managers Union, Local 1357, on behalf of Retail Clerks International Protective Association, Food Clerks and Managers Union, Locals 1357, 692, 584,. and 1245, and Amalgamated Meat Cutters and Butcher Workmen of North America, Locals 195 and 501, filed with the Regional Director, and with the Board Objections to the Ballot and to the Intermediate: Report. On April 11, 1939, Harold Krieger, attorney for Retail; Clerks International Protective Association, Local 1245, filed a motion, on behalf of said Local 1245 to intervene as a party to the objections previously filed. No objections have been filed by any of the other, parties. The result of the balloting among the warehouse employees shows: that a majority of such employees have voted in favor of Storage Ware house Employees Union, Local 18571, affiliated with the American Federation of Labor. No objections have been filed to the result of^ the balloting in so far as it affects the warehouse employees. We shall, therefore, certify a bargaining representative for the warehouse employees but we shall at this time withhold certification of a bargain- ing representative for the meat cutters and butchers and the remaining employees pending a determination of the issues raised by the afore, mentioned Objections to the Ballot and to the Intermediate Report. 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT The warehouse employees of the Companies, excluding executives, supervisory employees, and office workers, constitute a unit appro- priate for the purposes of collective bargaining and said unit will insure to employees of the Companies the full benefit of their right to self-organization and to collective bargaining and otherwise effec- tuate the policies of the Act. Storage Warehouse Employees Union, Local 18571, affiliated with the American Federation of Labor, has been designated and selected by a majority of the employees in the appropriate unit as their :representative for the purposes of collective bargaining. It is, there- -fore, the exclusive representative of all the employees for the pur- poses of collective bargaining, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. The warehouse employees of the Companies, excluding execu- tives, supervisory employees, and office workers, constitute a unit :appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. Storage - Warehouse Employees Union, Local 18571, is the ex- clusive representative of all the employees in such unit for the pur- -poses of collective bargaining, within the meaning of Section 9 (a) ,of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National 'Labor Relations Board by Section 9 (c) of the National Labor Relations Act and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that Storage Warehouse Employees Union, -Local 18571, affiliated with the American Federation of Labor, has :been designated and selected by a majority of the warehouse em- -ployees of Union Premier Food Stores, Inc., The Food Fair, Inc. of -Pennsylvania, and The Food Fair, Inc., excluding executives, super- visory employees, and office workers, as their representatives for the purposes of collective bargaining and that, pursuant to the provi- sions of Section 9 (a) of the Act, Storage Warehouse Employees UNION PREMIER FOOD STORES, INCORPORATED 439 Union, Local 18571, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment,-and other conditions of employment. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Third Supplemental Decision and Certification of Representatives. 190935-40-vol. 14-29