Walgreen Co.

In `the Matter Of' WALOREEN Co. and WHOLESALE AND CHAIN DRUG WAREHOUSE EMPLOYEES UNION, LOCAL 21704 Case No. R-1362 SUPPLEMENTAL DECISION AMENDMENT TO SECOND DIRECTION OF ELECTION AND' CERTIFICATION OF REPRESENTATIVES July 2, 1941' On October 9, 1939, the National Labor 'Relations Board , herein called the Board, issued a Decision and Direction in this proceeding,, directing that an election by secret ballot be conducted ( 1) among certain employees of the warehouse division of the Chicago ware- house, of Walgreen Co., herein called the Company, to determine whether they desired to be represented for the purposes of collective bargaining , by Wholesale , and Chain Drug Warehouse Employees Union, Local 21704, affiliated with the American Federation of Labor, herein called Local 21704, or by Chicago, Drug Workers Association, Inc., herein called the Association , or by neither ; and (2) among certain employees of the candy division of the Company 's warehouse to determine whether or not they desired to be represented for the purposes of collective bargaining by the Association. On October 20, 1939, two elections were held pursuant to the Direc- tion. In the candy -division election the Association received ,a ma- jority of the votes cast . In the warehouse-division election neither of the competing labor organizations received a majority of such votes, although both organizations together received a majority. Thereafter, on May 9, 1940 , the Board issued a Supplemental Deci- sion and Second Direction of Election,2 which provided that a run- off election be held in - the warehouse division as soon as possible, but not later than thirty (30) days from the date - of the Second Direc- tion, to determine whether , the employees involved desired, to be represented by Local 21704 or by the Association . The Second Di- 115 N. L.'R. B. 980. 2 23 N. L. R. B 683. 25 N. L. It B., No. 6. 15 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rection provided that the ballot should contain no place for voting against a labor organization. On May 31, 1940, the Regional Director reported that Local 21704 had requested that its _ name be withdrawn from the ballot to be used in the run-off election because its charter had been withdrawn by the American Federation of Labor. The Board , on June 3, 1940, granted the request of Local 21704 , extended the time for conducting the election 10 days, and notified the Regional Director thereof. The considerations moving the majority of the Board in the R. K. Le Blond 3 case, wherein it enunciated the policy of conducting run-off elections between the two labor organizations which together com- manded a majority of the votes cast in the original election, and of eliminating from the ballot a place to vote against representation, was considered to have no application where, as here , one of the competing labor organizations has withdrawn . We accordingly in- formed the Regional Director that the run -off election in the ware- house division be conducted to determine whether or not the em- ployees involved desired to be represented by the Association. The Board, nuns pro tune, amends its Second Direction as follows : AMENDMENT TO SECOND DIRECTION OF ELECTION The National Labor Relations Board hereby amends its Second Direction of Election (1) by striking therefrom the final words "they desire to be represented for the purposes of collective bargaining by Wholesale and Drug Warehouse Employees Union, Local 21704, affiliated with the American Federation of Labor, or by Chicago Drug Workers Association , Inc." and substituting therefor the words "or not they desire to be represented for, the purposes of collective bargaining by Chicago Drug Workers Association, Inc."; and (2) by striking therefrom the words "not later than thirty (30) days" and substituting therefor the words "not later than forty (40) days." Pursuant to the Second Direction , as amended, a run-off election by secret ballot was conducted on June 7, 1940, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois ). On June 14, 1940, the Regional Director , acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued 'and duly served upon the parties an Election -Report on the election. No objection to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the results of the balloting, the Regional Director reported as follows : 8 Matter of R. K. Le Blond Machine Tool 00 , Cincinnati Electrical Tool Co and Inde- pendent Employees Association , 22 N. L. R. B 465. WALGREEN COMPANY WAREHOUSE DIVISION 1-7 Total number of ballots cast_________________ _______________ 250 Total number on eligibility list_______________________________ 287 Total number of ballots cast for the union ____________________ 134 Total number of ballots cast against the union________________ 105 Total number of ballots challenged ___________________________ 8 Total number of blank ballots ________________________________ - 2 Total number-of void ballots _________________________________ 1 In our Decision and Direction of Elections herein, as stated above, we directed an election among the employees in the candy division of the Company's warehouse - in addition to the-election among the em- ployees in the warehouse division. We reported in our Supplemental Decision and Second Direction of Election that a majority of the ;m-, ployees in the candy division had cast their ballots for the Association. We withheld certification, however, pending the outcome of the run- off election among the employees in the warehouse division, since we' had said : "If the Association should win both elections, we shall certify it as the exclusive representative of both election units combined." The results of the run-off election having been received, we will now issue our certification of the Association as the exclusive representative of the employees in the warehouse and candy divisions of the Company's Chicago warehouse. SUPPLEMENTAL FINDING OF FACT We find that the employees of the warehouse and candy divisions of the Company's Chicago warehouse, excluding supervisory employees, watchmen, and employees in the personnel department, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. SUPPLEMENTAL CONCLUSION OF LAW The employees of the warehouse and candy divisions of the Com- pany's Chicago warehouse, excluding supervisory employees, watch- men, and employees in the personnel department, constitute a unit appropriate for the purposes of collective bargaining, within the mean- ing 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Board Rules and Rgulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Chicago Drug Work ers,As'sociation, Inc., has been designated and selected,by.a,majority, of ,the, employees of the warehouse and candy, divisions of, the Chicago warehouse ; of. Wal- green Co., Chicago, Illinois, excluding supervisory employes,' watch- men, and employees in the personnel- department','as'their'representa- tive for the-purposes of collective bargaining and 'that, pursuant to Section 9 (a) of the National, Labor -Relations Act, Chicago 'Drug Workers Association; Inc.,' isthe' exclusive bargaining representative of all such employees ^ for, the purposes of collective bargaining in- respect to rates'of pay, wages, hours of employment,' and other condi-' tions of employment. 1. 1 " I " I . I I ^ I I