Danahy-Faxon Stores, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1948

79 N.L.R.B. 1239 (N.L.R.B. 1948)

In the Matter of DANAHY-FAXON STORES, INC., EMPLOYER and RETAIL
CLERKS INTERNATIONAL ASSOCIATION, A. F. OF L., PETITIONER
Case No. 3-RC-5,0.-Decided September 30, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing offi-
cer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.,
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
The labor organization involved claims to represent employees of
the Employer.
Upon the entire record in this case, the Board finds that no ques-
tion of representation exists concerning the representation of em-
ployees of the Employer, within the meaning of Section 9 (c) (1) and
Section 2 (6) and (7) of the Act for the following reasons : 2
The Petitioner seeks a unit of all retail clerks in the Employer's
retail stores, excluding all meat-department employees and super-
visors. In the alternative the Petitioner requests a unit of retail
clerks including counter employees in the meat department, but ex-
cluding journeymen meat cutters and their apprentices, and supervi-
*Houston , Reynolds , and Gray.
' The Employer and Amalgamated Meat Cutters and Butcher Workmen of North
America, Local 34, A. F. of L., herein called the Intervenor , at the hearing and in their
briefs, moved to dismiss the petition on various grounds. In view of our dismissal of the
petition on the ground that the unit sought by the Petitioner is inappropriate , we find it
unnecessary to resolve thg other issues thus raised.
2 The request of the Intervenor for oral argument is denied inasmuch as the record and
briefs, in our opinion , adequately present the issues and positions of the parties.
79 N. L. R. B., No. 159.
1239
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sors . The Employer and the Intervenor contend that because of the
close community of interests among all employees, and in view of the
history of collective bargaining, only the multi-store-wide unit which
the Intervenor now represents is appropriate.
About 55 of the Employer's 120 retail stores located in the western
part of New York State are involved in this proceeding. Of these,
approximately 40 are self-service stores, known as Nu Way Stores,
and the remainder are service stores. All of the stores except 5 or 6
of the service stores (the GM Stores), are divided into meat and
grocery departments.3 Journeymen meat cutters are the only skilled
employees in the stores. Working conditions and employee benefits
are similar for all employees, and all are subject to the supervision of
the store manager.
Since 1939, the Employer and the Intervenor have maintained con-
tinuous contractual relations. All employees in the retail stores, ex-
cluding the store managers, have been included in a single bargaining
unit. No union is seeking to represent the journeymen meat cutters
and their apprentices in a separate unit. In view of the foregoing
and the long successful history of,collective bargaining on a,multi-
store-wide basis, we believe the journeymen meat cutters and their
apprentices should be included in the unit with the remainder of the
employees.4 We find,^therefore, that the suit sought by the Petitioner
is'inappropriate for the purposes of collective bargaining, and we shall
dismiss the petition.
ORDER
Upon the basis of the, entire record in this case, the, National Labor
Relations Board hereby orders that the petition filed in the instant
mattei'be, &nd it hereby is, dismissed.
e 'The produce department is included in the grocery department.
Cf. Matter of Century-American Corporation ,- Woodstock Typewriter Division, 79
N. L .' R 'B: 43 ; Matter of Lynchburg Transit Company, 79 N. L . R. B. 546.
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