Union Premier Food Stores, Inc.

In the Matter of UNION PREMIER FOOD STORES, INC., A PENNSYLVANIA CORPORATION; TILE FOOD FAIR, INC. OF PENNSYLVANIA, A PENNSYL- VANIA CORPORATION; THE FOOD FAIR, INC., A NEW JERSEY COR- PORATION and UNITED RETAIL & WHOLESALE EMPLOYEES OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-859 FIFTH SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES November 24,1939 On September 15, 1939, the National Labor Relations Board, herein called the Board, issued a Fourth Supplemental Decision and Second Amended Direction of Elections in the above-entitled proceedings.' On September 29, 1939, the Board issued an Amendment 2 and on October 13, 1939, a Second Amendment ,3 to the Second Amended Direction of Elections. Pursuant to the Second Amended Direction of Elections, as amended, elections by secret ballot were conducted on October 30, 31, and November 1, 1939, under the direction and super- vision of the Regional Director for the Fourth Region (Philadelphia, Pennsylvania). On November 9, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report. The Regional Director reported the following results of the secret ballot : MEAT GUTTERS AND BUTCHERS Total eligible voters--------------------------------------- 293 Total ballots counted-------------------------------------- 230 Total number of votes for United Retail & Wholesale Em- ployees of America--------------------------------------- 7 Total number of votes for Amalgamated Meat Cutters and Butcher Workmen of North America---------------------- 215 1 15 N. L. R. B. 287. 215 N. L. R . B. 292. 2 15 N . L. R. B. 293. 17 N. L. R. B., No. 95. 1000 UNION PREMIER FOOD STORES , INCORPORATED 1001 Total number of votes for neither-------------------------- 8 Total number of blank ballots----------------------------- 0 Total number of void ballots------------------------------- 0 Total number of challenged ballots-------------------------- 0 ALL OTHERS Total eligible voters--------------------------------------- 1,594 Total ballots counted-------------------------------------- 1,140 'Total number of votes for United Retail & Wholesale Em- ployees of America-------------------------------------- 174 Total number of votes for Retail Clerks' International Pro- tective Association, Food Clerks' & Managers' Union-------- 878 Total number of votes for neither-------------------------- 85 Total number of blank ballots------------------------------ 1 Total number of void ballots------------------------------- 2 Total number of challenged ballots-------------------------- 12 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. In the Fourth Supplemental Decision and Second Amended Di- rection of Elections, the Board made no final determination as to the :appropriate unit or units. The Board there stated: "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 separate 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." Upon the basis of the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that the meat cutters and butchers employed by the Com- panies, excluding executives, supervisory employees, office workers, and warehouse employees, constitute a unit appropriate for the pur- poses of collective bargaining, and that said unit will insure to em- ployees of the Companies the full benefit of their right to self-organ- ization and to collective bargaining and otherwise will effectuate the policies of the Act. We find that all the remaining employees of the Companies, ex- eluding meat cutters and butchers, executives, supervisory employees, office workers, and warehouse employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will in- sure to employees the full benefit of their right to self-organization and to collective bargaining, and otherwise will effectuate the policies of the Act. 1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 meat cutters and butchers employed by Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., excluding executives,. supervisory employees, office workers, and warehouse employees, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. All the remaining employees of Union Premier Food Stores, Inc. The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., excluding meat cutters and butchers, executives, supervisory em- ployees, office workers, and warehouse employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) 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 Amalgamated Meat Cutters and Butcher. Workmen of North America, affiliated with the American Federation of Labor, has been designated and selected by a majority of the meat cutters and butchers of Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., ex- cluding executives, supervisory employees, office workers, and ware- house employees, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, Amalga- mated Meat Cutters and Butcher Workmen of North America, affili- ated 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; and IT IS HEREBY. CERTIFIED that Retail Clerks International Protective Association, Food Clerks and Managers Union, affiliated with the American Federation of Labor, has been designated and selected by a majority of the employees of Union Premier Food Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., excluding meat cutters and butchers, executives, supervisory employees, office workers, and warehouse employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a), UNION PREMIER FOOD STORES, INCORPORATED 1003 of the Act, Retail Clerks International' Protective Association, Food Clerks and Managers Union, 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 Fifth Supplemental Decision and Certification of Representatives..