The Great Atlantic & Pacific Tea Co.

In the Matter of THE GREAT ATLANTIC & PACIFIC TEA COMPANY and UNITED RETAIL AND WHOLESALE EMPLOYEES OF AMERICA, CIO Case No. R-2645 SUPPLEMENTAL DECISION AND ORDER September 17, 19411 On August 5, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on August 27, 1941, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On August 28, 1941, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible---------------------------------------- 114 Total ballots cost-------------------------------------------- 108 Total number of ballots cast for United Retail and Wholesale Employees of America, affiliated with the Congress of Indus- trial Organizations--------------------------------------- 52 Total number of ballots cast for International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 728, affiliated with the American Federation of Labor---------------------------------------------------- 53 Total ballots cast for neither--------------------------------- 3 Total number of challenged ballots--------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of blank ballots------------------------------- 0 Neither of the labor organizations appearing on the ballot has requested that the Board direct a run-off election. 133 N. L R. B. 1103 35 N. L. R. B., No. 102. 458 THE GREAT ATLANTIC & PACIFIC TEA COMPANY 459 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees of the Com- pany in the unit heretofore found to be appropriate for collective bargaining. We shall, therefore, dismiss the petition for investigation and certification of representatives of employees of the Company. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED That the petition for investigation and certifica- tion of representatives of employees of The Great Atlantic & Pacific Tea Company, Atlanta, Georgia, filed by United Retail and Whole- sale Employees of America, CIO, be, and it hereby is, dismissed. [SAME TITLE] In the Matter of THE GREAT ATLANTIC & PACIFIC TEA COMPANY and UNITED RETAIL AND WHOLESALE EMPLOYEES OF AMERICA, CIO Case No. R4645 Investigation and Certification of Representatives : run-off election directed. SECOND SUPPLEMENTAL DECISION ORDER AND SECOND DIRECTION OF ELECTION October 4, 1941 On August 5, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Elec- tion, an election by secret ballot was conducted on August 27, 1941, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On August 28, 1941, 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 his Election Report on the ballot. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total number eligible ---- ------------------------------------ 114 Total ballots cast___________________________________________ 108 Total number of ballots cast for United Retail and Wholesale Employees of America, affiliated with the Congress of Industrial Organizations ---------------------------------- 52 Total number of ballots cast for International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 728, affiliated with the American Federation of Labor ------------------------------------------------- 3 Total ballots cast for neither________________________________ 3 Total number of challenged ballots 0 Total number of void ballots________________________________ 0 Total number of blank ballots______________________________ 0 On September 17, 1941, the Board issued its Supplemental Decision and Order,2 setting forth 'the results of the election as above. The Board therein stated that neither labor organization appearing on the ballot had requested that a run-off election be conducted, and that since the results of the election showed that no collective bargaining representative had been selected by a majority of the employees of the company in the unit heretofore found appropriate for the pur- poses of collective bargaining, the petition for investigation and certification of representatives would be dismissed. On September 20, 1941, United Retail and Wholesale Employees of America, C. I. 0., herein called the United, filed with the Board a Motion to Reconsider and For Run-off Election. In the aforesaid motion, the United, in support of its request that a run-off election be conducted, represented that "the only reason a formal request for a run-off election was not made was because the petitioning union had no knowledge that such formal request was necessary and under- stood that a run-off election would be ordered automatically without any request being made." In view of the request of the United, we shall vacate our prior order dismissing the petition herein filed and direct a run-off election in which the eligible employees will be given the opportunity to decide whether they desire to be represented by United Retail and Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, or by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 728, affiliated with the American Federation of Labor, for the purposes of collective bargaining. ORDER IT IS HEREBY ORDERED that the Order dated September 17, 1941, dismissing the petition for investigation and certification of repre- sentatives of employees of The Great Atlantic & Pacific Tea THE GREAT ATLANTIC & PACIFIC TEA COMPANY 461, Company, Atlanta, Georgia, filed by United Retail & Wholesale Employees of America, C. I. 0., be, and the same hereby is, vacated. SECOND DIRECTION OF ELECTION 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, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with The Great Atlantic & Pacific Tea Company, Atlanta, Georgia, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Tenth 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 employees described in the Direction of Election issued August 5, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Retail and Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, or by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union No. 728, affiliated with the American Federation of Labor, for the purposes of collective bargaining. 35,N. L. R. B., No. 102a.