Albers Super Markets, Inc.

National Labor Relations Board - Board Decisions

Oct 25, 1954

110 N.L.R.B. 474 (N.L.R.B. 1954)

474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ladies, the stockman in the warehouse, and other supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
[The Board dismissed the petition in Case No. 5-RC-1513.]
[Text of Direction of Election omitted from publication.]
ALBERS SUPER MARKETS, INC. and RETAIL CLERKS INTERNATIONAL
AssocIATION, A. F. of L., PETITIONER. Case No. 9-RC-2197. Oc-
tober 25,1954
Order Amending Decision and Direction of Election
On September 24, 1954, the Board issued its Decision and Direction
of Election in the above-entitled proceeding, in which it found that
the following employees constitute an appropriate unit :
All grocery employees employed at the Employer's retail stores in
Montgomery County, Ohio, including part-time clerks, but ex-
cluding all meat department employees, guards, professional
employees, store managers, assistant store managers, perishable
food managers, and all other supervisors as defined in the Act.
On October 4, 1954, the Employer filed with the Board a motion for
reconsideration, urging that the part-time clerks be excluded from
the unit, or, in the alternative, that those part-time clerks who have
worked for the Employer less than 18 weeks be held ineligible to vote
in the election. The Board having duly considered the motion, the
evidence as to the duties and tenure of employment of the part-time
clerks, and the entire record in the case, decided to grant the Em-
ployer's motion in part for the reasons given below.'
At the 8 stores involved, the Employer has approximately 125 full-
time grocery clerks and 173 part-time grocery clerks. The latter work
only during peak sales periods. Their principal duties are putting
merchandise into bags and carrying the bags to customers' cars. Lists
of the part-time employees are kept at the various stores, and they are
scheduled to work as needed; schedules of work are posted each week
for the ensuing week. There is a high turnover among these employ-
ees, and the record of the 204 terminations between January 1, 1953,
and April 24, 1954, shows that the average length of service was only
4% months and that 75 percent worked less than that length of time.
Upon these facts, we are of the opinion that the part-time clerks who
have worked less than 18 weeks for the Employer are not regular part-
:'As the record and briefs , in our opinion , adequately set forth the facts and the posi-
tions of the parties, the request of the Employer for a further hearing and oral argument
is hereby denied.
110 NLRB No. 86.
WESTINGHOUSE ELECTRIC CORPORATION 475
time employees as that term is used by the Board. We shall therefore
amend our Decision and Direction of Election to exclude them from
the unit,
Order
IT IS HEREBY ORDERED that the Decision and Direction of Election
herein be amended by striking footnote 1, and by amending the de-
scription of the appropriate unit to read as follows :
All grocery employees employed at the Employer's retail stores
in Montgomery County, Ohio, including part-time clerks who
have worked during at least 18 separate weeks preceding the De-
cision and Direction of Election, but excluding part-time clerks
who have worked for the Employer less than 18 weeks, meat de-
partment employees, guards, professional employees, store man-
agers, assistant store managers, perishable food managers, and all
other supervisors as defined in the Act.
MEMBERS RODGERS and BEESON took no part in the consideration of
the above Order Amending Decision and Direction of Election.
WESTINGHOUSE ELECTRIC CORPORATION 1 and INTERNATIONAL UNION
OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER.2
Cases Nos. 4-RC-.391 and 4-RC-24449. October 25,1954
Decision and Direction of Election
Upon consolidated petitions duly filed under Section 9 (c) of the
National Labor Relations Act,' a hearing was held before Eugene
M. Levine, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
1 The name of the Employer appears as amended at the hearing.
2 Herein referred to as I. U. E.
2 At the hearing , over the Employer's objection, the hearing officer correctly permitted
the I. U. E. to amend its unit request.
Section 4 ( b) of the petition (4-RC-2391 ) was amended at the hearing to read "lamps"
in lieu of "electronics."
4 Prior to, and throughout the hearing , it appeared that the parties might agree to a
consent election , but due to the fact that they were unable to resolve their differences as
to the appropriate unit and the time for holding such an election , no agreement was forth-
coming. Based upon an alleged attempt by the Petitioner to stall a consent election by
shifting its unit request at the hearing ( as noted hereinafter ), and refusing to agree to
an election date, the Intervenor moved to dismiss the proceeding on the ground that the
Petitioner filed its petition in bad faith , and, thus, abused the Board 's processes. How-
ever , as the record shows that the negotiations for a consent election failed, at least in
part , because of the inability of the parties to agree on the composition of the unit, we are
not satisfied that the Petitioner has shown bad faith . Accordingly , the Intervenor's mo-
tion is hereby denied.
110 NLRB No. 72.