Champion Stores, Inc.

National Labor Relations Board - Board Decisions

Mar 7, 1947

72 N.L.R.B. 1050 (N.L.R.B. 1947)

In the Matter of CHAMPION STORES, INC., Ei1IrLooER and UNITED CON-
STRUCTION WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF
AMERICA, AFL, PETITIONER
Case No. 6-R-1560.-Decided March 7, 1947
Messrs. A. A. Stevens, J. S. Replogle, and Walter Schulten, of
Pittsburgh, Pa., for the Employer. -
Mr. F. Ferrara, of Indiana, Pa., and Mr. Frank C. Ali, of Pittsburgh,
Pa., for the Petitioner.
Messrs. Philip N. Curran and Anthony J. Federoff, of Pittsburgh,
Pa., for the Intervenor.
Mr. Jerome A. Rebier, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Pitts-
burgh, Pennsylvania, on October 1, 1946, before W. G. Stuart Sherman,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. At the hearing
the Intervenor moved to dismiss the petition. The hearing officer
referred the matter to the Board. For reasons appearing hereinafter,
the motion to dismiss is denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Champion Stores, Inc.,' a wholly owned subsidiary of Pittsburgh
Consolidation Coal Company, is a Maine Corporation operating ap-
proximately 27 stores and 2 warehouses all within the Commonwealth
of Pennsylvania, in what is known as its Pennsylvania Division. The
Employer also operates a Kentucky Division and a West Virginia
Division. The stores and warehouses comprising the Pennsylvania
' On August 1, 1946 , the Employer 's name was changed from Federal Supply Company
to the name indicated above.
72 N. L. R. B., No. 181.
1050
CHAMPION STORES, INC. 1051
Division with which we are concerned in this case, are all located in
coal mining communities. In 1945 the total value of the sales in the
Employer's retail stores in the Pennsylvania Division was in excess
of $3,250,000. During the same period the value of the raw materials
and finished products which the Employer purchased for re-sale was
in excess of $2,500,000, of which at least 25 percent originated outside
the Commonwealth of Pennsylvania.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the United
Mine Workers of America, which is a labor organization affiliated
with the American Federation of Labor, claiming to represent em-
ployees of the Employer.
United Retail, Wholesale and Department Store Employees of
America, Local Union 412, herein called the Intervenor, is a labor
organization affiliated with the Cohgress of Industrial Organizations,
claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Intervenor has had collective bargaining agreements with the
Employer for more than 8 years, the last contract having been executed
on September 15, 1945, and providing that it was to remain "in effect
until September 15, 1946, and each year thereafter, unless 30 days,
notice is given in writing by any of the parties prior to the expiration
date." On July 19, 1946, before the Mill B or operative date of the
automatic renewal clause, the Intervenor advised the Employer of its
desire to negotiate a new contract, whereupon, meetings were held for
the purpose of negotiating a contract to replace the contract expiring
on September 15, 1946. Meanwhile the Petitioner submitted its repre-
sentation claims to the Employer and filed its petition and amended
petition. The 1945-1946 contract expired by its terms on September
15, 1946,2 and no new contract was executed allegedly because of the
supervening representation claims and the filing of the petition and
amended petition herein. Inasmuch as there is no contract presently
in effect, we find no bar to a current determination of representatives.
We find that a question affecting commerce has arisen concerning
2 Cf Matter of American Norit Conxpa1ia/, Inc . 66 N L . R P3 1308, 1310, Matter of
Olin Industries , Inc, 67 N L R B 1043, 1046-1047
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The Petitioner seeks to represent a multiple-store unit composed of
the categories of employees agreed upon by the parties and set forth
in the margin,' who are employed in the 27 stores and 2 warehouses 4
comprising the Employer's Pennsylvania Division. The bargaining
history between the Employer and the Intervenor has been on a State-
wide basis of the employer's Pennsylvania Division, thus demon-
strating the appropriateness of this Division unit. However, the
Employer acquired 5 of its 27 stores since the execution of the Inter-
venor's 1945-1946 contract and the Intervenor contends that the em-
ployees of these 5 stores should be excluded from the unit for the
reason that they have not been covered by existing or earlier contracts.
All 27 stores together constitute the Pennsylvania Division and there
was no assertion of singularity appertaining to the 5 new stores which
might distinguish them from the other 22 establishments. In fact,
the parties are agreed that the 5 stores are "substantially similar in
character" to the other stores involved, from which we infer that the
general working conditions are also similar and upon which we find
that the employees of all 27 stores have a community of interest
warranting their inclusion in the Division unit established by
contract.
Accordingly, we find that employees of the 27 stores and 2 ware-
houses comprising the Employer's Pennsylvania Division, including
general clerks, butchers, assistant butchers, meat sales clerks, cashiers,
assistant cashiers, general warehouse clerks, stock boys, delivery boys,
service station attendants, department heads, and part-time employees,
but excluding produce men, truck drivers, clothing representatives,
managers, assistant managers, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
3 All employees including general clerks, butchers, assistant butchers, meat sales clerks,
cashiers, assistant cashiers, general warehouse clerks, stock boys, delivery boys, service
station attendants, department heads, and part-time employees, but excluding produce
men, truck drivers, clothing representatives, managers , assistant managers , and all other
supervisory employees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees or effectively recommend such action.
4 These stores are located in Pennsylvania in Renton, Newfield, Gray, Acosta, Jenners,
Brentwood, Elizabeth, Sutersville, Smithdale, Fitz Henry, Smithton, Van Meter, Wick
Haven, Valley, Library, Monongahela, Pricedale, Arnold City, Roscoe, Crescent, Hyland,
Henderson , Cowden, Midland, Westland, McDonald, and Imperial. The two warehouses
are located in Library and Pittsburgh.
CHAMPION STORES, INC.
DIRECTION OF ELECTION 5
1053
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Champion Stores, Inc., Pitts-
burgh, Pennsylvania, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Sixth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
_ for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
United Construction Workers, United Mine Workers of America,
A. F. L., or by United Retail, Wholesale and Department Store Em-
ployees of America, Local Union No. 412, C. I. 0., for the purposes of
collective bargaining, or by neither.
5 Any participant in the election herein may , upon its prompt request to, and approval
- thereof by , the Regional Director , have its name removed from the ballot.