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 FOURTH SUPPLEMENTAL DECISION AND SECOND AMENDED DIRECTION OF ELECTIONS September 15,1939 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- ]nent 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 representa- tives for collective bargaining with Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., elec- tions 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 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, -supervisory employees, and office workers : (a) The warehouse employees. to determine whether they desired to be represented by United Retail & Wholesale Employees of 110 N. L. R. B. 370. 110 N. L. R. B. 370. 110 N. L. R. B. 377. 4 11 N. L. R. B. 270. 15 N. L. R. B., No. 87. 287 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD America, 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 desired 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 desired 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 ma- jority, 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 se- cret ballot were conducted on March 13, 14, and 15, 1939. On March 22, 1939, the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) issued and duly served upon all parties interested in the balloting his Intermediate Report Upon Secret Ballot. As to the results of the balloting, the Regional Director reported that Stor- age Warehouse Employees Union, Local 18571, had been accorded a majority by the warehouse employees, that a majority of the meat cut- ters and butchers had selected United Retail & Wholesale Employees of America, and that the ballot among the remaining employees was indecisive. On March 27, 1939, August J. Miskell, president of Retail Clerks International, Protective Association, Food Clerks and Managers Union, Locals 1357, 692, 584, and 1245, and Amalgamated Meat Cut- ters 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 objec- tions were filed by any of the other parties. UNION PREMIER FOOD STORES , INC. 289 Since no objections were filed to the results of the balloting in so far as it affected the warehouse employees, the Board, on August 10, 1939, issued a Third Supplemental Decision and Certification of Representatives," finding that the warehouse employees of the Com- panies, excluding executives, supervisory employees, and office workers, constitute a unit appropriate for the purposes of collective bargaining and that Storage Warehouse Employees Union, Local 18571, affiliated with the American Federation of Labor, had been designated and selected, by a majority of the employees in said unit as "their representative, and certifying said Local 18571 as such representative. Pursuant to notices theretofore duly served upon the parties, a hearing on the Objections to the Ballot was held on August 28, 1939. On that date the parties entered into the following stipulation : 6 Elections having been held on March 13, 14, and 15, 1939, pur- suant to an Amended Direction of Elections issued by the Na- tional Labor Relations Board on February 14, 1939, in the above matter, and Objections to the Ballot and the Intermediate Report of the Regional Director for the Fourth Region of the National Labor Relations Board having been filed, on March 27, 1939, 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, by August J. Miskell, presi- dent of Retail Clerks International Protective Association, Food Clerks and Managers Union, Local 1357; and thereafter on April 14, 1939, certain charges of unfair labor practices having been filed against the companies under Section 8, subsections (1) and (3) of the National Labor Relations Act, jointly by August J. Miskell, president of Retail Clerks International Protective As- sociation, Food Clerks and Managers Union, Local 1357, and Harry Poole, Business Agent, Amalgamated Meat Cutters and Butcher Workmen of North America, Local 195, and the said charges having been duly Withdrawn, and copy of said with- drawal being hereto attached and made a part hereof: 7 614 N. L. R. B. 435. O The stipulation is signed by the attorney for the Companies, the attorney for the Board, and by representatives of the following labor organizations : United Retail & Wholesale Employees of America, affiliated with the C. 1. 0.; and Amalgamated Meat Cutters and Butcher Workmen of North America, individually and on behalf of Locals 195, 584, 501, and 162, Retail Clerks International Protective Association ; Retail Clerks International Protective Association, Food Clerks and Managers Union, Local 185T; Retail Clerks International Protective Association, Local 692; and Grocery and Food Clerks Union, Local 1245, Retail Clerks International Protective Association ; all affiliated with the A. F. of L. 4 The withdrawal request, dated August 28, 1939, and granted the same day by the Acting Regional Director, relates to Case No. IV-C-644. It requests "the withdrawal of the charge in the above matter, with prejudice." 290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Now, therefore, the urdersigned hereby stipulate and agree as follows : 1. A Second Amended Direction of Elections may be issued by the Board stating that an election by secret ballot shall be conducted as soon as possible and at such times and places as the Board may designate among the full-time employees within the groups described below who are employed by the companies during the pay roll date to be designated by the Board, and the part-time employees within the said groups who are employed by the companies during any part of three of the four weeks next preceding the date to be designated by the Board, excluding executives, supervisory employees, and office workers; (a) 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 Organiza- tions, or Amalgamated Meat Cutters and Butcher Workmen of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither; (b) All the remaining employees except the warehouse em- ployees of the companies to determine whether they desire to be represented by United Retail & Wholesale Employees of America, affiliated with the Congress of Industrial Organiza- tions, or Retail Clerks International Protective Association, Food Clerks and Managers Union, affiliated with the American Feder- ation of Labor, for the purposes of collective bargaining, or by neither. 2. The companies agree to furnish the Board with such pay roll lists of their employees as the Board may request. 3. The names of the respective Internationals of the labor organizations are to appear on the ballots rather than the names of the locals involved. 4. The conduct or results of the new elections shall not be protested or objected to by any of the unions involved on the basis of any alleged acts of interference, restraint, or coercion occurring prior to the date of this stipulation, including any and all matters contained in the Objections to the Ballot and to the Intermediate Report of the Regional Director. 5. The companies agree to post notices in all of their stores, reading as follows, upon issuance of the Second Amended Direc- tion of Elections : "Management desires all its employees to know that in the elections to be conducted by the National Labor Relations Board, its employees may freely vote for any labor organization they desire, without fear of discrimination, and that management's position is one of strict neutrality." UNION PREMIER FOOD STORES, INC. 291 It is further agreed that this stipulation is subject to the approval of the National Labor Relations Board. The Board hereby approves the foregoing stipulation. Upon the basis of the entire record in the case, and pursuant to the foregoing stipulation, we will order elections among the full- time employees within the groups described below who were em- ployed by the Companies during the pay-roll period next preceding the date of the Second Amended Direction 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, supervisory employees, office workers, and warehouse employees : (a) The meat cutters and butchers to determine whether they de- sire 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, for the purposes of collective bargaining, or by neither; (b) All the remaining employees of the Companies 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 Managers Union, affiliated with the American Fed- eration of Labor, for the purposes of collective bargaining, or by neither. If a majority of the employees in either group select one of the -organizations 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 either group or in each of the two 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. SECOND AMENDED DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DI zcmn that, as part of the investigation ordered 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 within thirty (30) days from the date of this Second Amended Direction of Elections under the direction and supervision of 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director for the Fourth Region, acting in this mat- ter 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 em- ployed by the Companies during the pay-roll period next preceding the date of this Second Amended Direction 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,' supervisory employees, office workers, and warehouse employees : (a) The meat cutters and butchers to determine whether they de- sire 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, for the purposes of collective bargaining, or by neither; (b) 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 Managers Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Fourth Supplemental Decision and Second Amended Direc- tion of Elections. SAME TITLE AMENDMENT TO SECOND AMENDED DIRECTION OF ELECTIONS September 29, 19.9 On September 15, 1939, the National Labor Relations Board, herein called the Board, issued a Fourth Supplemental Decision and Second Amended Direction of Elections in the above-entitled pro- ceeding, the elections to be held within thirty (30) days from the date of the Second Amended Direction, under the direction and supervision of the Regional Director.for the.Fourth Region (Phila- delphia, . Pennsylvania).: The Board, having been advised by the Acting Regional Director for the Fourth Region that a longer period within which to .hold the elections is necessary, hereby - amends the Second Amended Direction of Elections issued on September 15,. 1939, by striking therefrom the words "within .thirty (30) days from, UNION PREMIER FOOD STORES, INC. 29& the date of this Second Amended Direction of Elections" and sub- stituting therefor the words "within fifty (50) days from the date, of this Second Amended Direction of Elections." MR. WILLIAM M. LEISERSON took no part in the consideration of the- above Amendment to Second Amended Direction of Elections. 15 N. L. R. B., No. 37a. SAME: TITLE] SECOND AMENDMENT TO SECOND AMENDED DIRECTION OF ELECTIONS October 13, 1939 On September 15, 1939, the National Labor Relations Board,, herein called the Board, issued a Fourth Supplemental Decision and Second Amended Direction of Elections, and on September. 29, 1939, an amendment to the Direction, the elections to be held within fifty (50) days from the date of the Second Amended Direction,, under the direction and supervision of the Regional Director for- the Fourth Region (Philadelphia, Pennsylvania), among certain groups of employees employed by the Companies during the pay- roll period next preceding the date of the Second Amended Direc- tion. On October 6, 1939, the parties entered into a stipulation,, providing in part as follows : I Now, THEREFORE, it is agreed and stipulated by the under- signed constituting all the parties, that the Board may issue a Second Amendment to Second Amended Direction of Elections stating that the Second Amended Direction of Elections issued' on September 15, 1939 be amended further by striking there- from the words, "among the full-time employees within the, groups described below who were employed by the Companies during the payroll period next preceding the date of this Second Amended Direction of Elections, and the part-time employees within the said groups who were employed by the Companies dur- ing any part of 3 of the 4 weeks next preceding the aforesaid date", and substituting therefor the words, "among the full-time ' The stipulation is signed by the attorney for the Companies, the attorney for the, Board, and by representatives of the following labor organizations : United Retail & Whole- sale Employees of America, affiliated with the C. I. 0.; and Amalgamated Meat Cutters and Butcher Workmen of North America, individually and on behalf of Locals 195, 584, 501, and 162 ; Retail Clerks International Protective Association; Retail Clerks Interna- tional Protective Association, Food Clerks and Managers Union, Local 1357; Retail Clerk International Protective Association, Local 692; and Grocery and Food Clerks Union, Local 1245, Retail Clerks International Protective Association, all affiliated with the- A. F. of L. 199519-39-vol. 15- ---20 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees within the groups described below in the employ of the Companies during the payroll period of October 18, 1939, and the part-time employees within the said groups in the em- ploy of the Companies during any part of the 3 of the 4 weeks next preceding the aforesaid date." It is further agreed that this stipulation is subject: to the approval of the Board. The Board hereby approves the foregoing stipulation and hereby amends the Second Amended Direction of Elections issued on Sep- tember 15, 1939, as amended, by striking therefrom the words "among the full-time employees within the groups described below who were employed by the Companies during the pay-roll period next pre- ceding the date of this Second Amended Direction 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" and substituting therefor the words "among the full-time employees within the groups described below in the employ of the Companies during the pay-roll period of October 18, 1939, and the part-time employees within the said groups in the employ of the Companies during any part of 3 of the 4 weeks next preceding the aforesaid date."' MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Amendment to Second Amended Direction of Elections. 15 N. L. R. B., No. 37b.