Jackson Jitney Jungle Stores, Inc.

National Labor Relations Board - Board Decisions

Feb 9, 1956

115 N.L.R.B. 374 (N.L.R.B. 1956)

374 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD
Jackson Jitney Jungle Stores, Inc.' and International Brother-
hood of Teamsters , Chauffeurs , Warehousemen and Helpers of
America, Local Union No. 891, AFL-CIO 2 and Retail Clerks,
International Association , Local No. 1529, AFL-CIO,3 Peti-
tioners. Cases Nos. 15-RC-1296 and 15-RC-1302. February 9,
.1956
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
Loren P. Jones, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.4
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer operates 12 retail grocery stores and a cafeteria
in Jackson, Mississippi. The Employer also has some employees who
work out of a warehouse in Jackson, Mississippi, belonging to the
McCarty-Holman Company, Inc. The Retail Clerks seeks to repre-
sent the retail store and cafeteria employees. The Teamsters seeks a
unit of employees working out of the warehouse. There is no history
of collective bargaining.
A. The unit in Case No. 15-RC-1302
The Retail Clerks seeks a unit of all the Employer's retail store and
cafeteria employees, including grocery, meal, produce, bakery depart-
ments, cafeteria employees, and checkers. The Employer contends
that a unit limited to its own stores would be inappropriate in view
of the integration and combined central control and management of
the Employer and two other corporations, Northern Jitney Jungle
Company, Inc., and Southern Jitney Jungle Company, Inc. The
The Employer's name appears as amended at the hearing, -
z Herein called the Teamsters.
3 Herein called the Retail Clerks.
4 The hearing officer properly sustained both Unions' objections to the Employer's at-
tempt to litigate the subject of compliance. The Board has ruled that the compliance
status of a union is a matter for administrative determination, and not one to be litigated
in representation proceedings. However, the Board will permit parties to a representa-
tion proceeding to cause to be instituted an administrative investigation of these matters,
which the Board may properly decide in a collateral proceeding. The Dunleavy Company,
114 NLRB 1589.
115 NLRB No. 64.
JACKSON JITNEY JUNGLE STORES, INC. 375
Employer contends that the unit should- include the employees of all
three corporations.' -
The above-mentioned corporations operate 17 retail grocery- stores
and a cafeteria in Mississippi. Twelve of these stores and the cafeteria
are owned by the Employer and all are located in Jackson, Mississippi.
The ownership of the remaining 5 stores is divided between the other 2
corporations. These latter stores are located in towns ranging from
20 to 54 miles away from the main office in Jackson.
Each store is under the immediate supervision of a store manager,
who is entitled to share in the profits of that store. The store man-
ager is responsible for maintaining the stock supply at his store, al-
though the main office dictates what merchandise will be carried. Each
store manager has the authority to hire, fire, or effectively recommend
hiring or firing of, employees under his supervision. He has the power
to recommend wage increases, which do not become effective until
cleared by the main office. The main office supplies advertising and
sets prices and hours of work for all the stores., Personnel and inven-
tory records are kept at the main office. The same vacation, hospitali-
zation, and life insurance benefits are provided to all of the employees.
There has been some degree of employee interchange between the
stores.e The stores purchase most of their goods from a wholesale
grocery corporation, which is likewise corporately interconnected with
the corporations involved herein. The store managers, however, may
buy elsewhere if they see fit. The above facts indicate that, although
the inain office maintains a general overall supervision of all the stores,
the individual store manager is allowed a substantial degree of discre-
tion in filling the needs of his particular store. The unit sought by
the Retail Clerks includes employees of all the stores within a distinct
geographical area. Upon these facts, and in the absence of bargaining
history on a more inclusive basis, we find that a unit composed of the
Employer's 12 stores in Jackson, Mississippi, is appropriate.?
The Employer would exclude the cafeteria employees from the unit
on the ground that, it is a separate operation and that these employees
lack a community of interest with the store employees. The record
shows, however, that the cafeteria adjoins one of the Employer's stores
and its manager reports to the supervisor of the store lunchcounters.
I The Employer asserts that the Jackson Jitney Jungle Stores, Inc., Northern Jitney
Jungle Company, Inc, and Southern Jitney Jungle Company, Inc , form one corporate
entity epaiate(l only for tax purposes In view of our decision, we do not find it neces-
saiy to resohe the issue as to whether these three corporations constitute a single
employer
0 The Employer's general superintendent stated that 50 transfers took place last year
among the stores of all 3 corporations. and 5 or 6 had occurred within the last month.
Ci ou,n Dh ng Company, 108 NLRB 1126 , L Wsemann Company, 106 NLRB 1167 ; cf.
Pappas Company, Inc, 80 NLRB 1272 Member Rodgers would find the appropriate unit
to include-the employees of all 17 retail grocery stores and the cafeteria operated by the
3 vorporatrmis in question Accordingly, lie would direct an election in that unit but
w ith leave to the Retail Clem ks to withdraw if it so wished
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The manager of the adjoining store receives a peicentage on the profits
of the cafeteria: The' employees of the cafeteria are under the same
hospitalization plan as the other employees. On the basis of these
facts, we find the cafeteria to be an integral part of the overall opera-
tion of the stores, and!that the cafeteria employees should be included
in the unit.
The Retail Clerks would, contrary to the Employer, exclude as
supervisors assistant managers and meat market, bakery department,
lunchcounter, and produce department managers.' The Employer also
contests the exclusion of a parking lot attendant from the Retail
Clerks' unit.
The assistant managers : The duties of an assistant manager are
to order merchandise for the dry grocery part of the store and to ar-
range its display. He is entitled to share in the profits of the dry
grocery department and occasionally takes over the direction of the
employees in the store manager's absence. However, the assistant man-
ager has no authority to hire or fire employees or effectively to recom-
mend such action, and does not exercise such authority even when the
store manager is absent. Because the assistant manager exercises di-
rective authority only sporadically, during the absence of the manager,
we find that, he is not a supervisor within the meaning of the Act.'
The meat market, produce, delicatessen, lunchcounter, and, bakery
managers : The meat market, produce, delicatessen, and lunchcounter
managers have the responsibility of keeping their departments well
stocked and of displaying such stock for sale. The bakery manager's
duties are to buy merchandise for the bakery and to prepare formulas.
These department managers have no authority to hire or fire any of
the employees in their' departments or to recommend such action. The
meat market, lunchcounter, and bakery managers receive a commission
on the profits made by their departments. The Board has held that
such a plan is insufficient by itself to justify their exclusion as super-
visors from a unit of fellow employees.'
The parking lot attendant: At one of its stores the Employer em-
ploys a parking. lot attendant, whom the Petitioner would exclude.
His job is to see that customers get free parking and that noncustomers
pay a fee. This attendant is also employed and paid by two other
stores at the shopping center for performing this same function. In
view of his employment relationship with'the Employer, we find that
the parking lot attendant should be included in the unit.
B. The unit in Case No. 15-RC-1296
The Teamsters seeks a unit of warehouse employees and truck-
drivers at 453° North ,Mill Street, Jackson, Mississippi. This address
8 Fanny Farmer Candy Shops, Inc. 112 NLRB 299
9 Fulton Markets, I,icorpo^ •4ted,' 93 NLRB 3
JACKSON JITNEY JUNGLE STORES, INC. 377
is the location of the Employer's main office and a warehouse of
McCarty-Holman Company, Inc. Of 7 employees employed by the
Employer at this location,10 the Teamsters would include 5, these be-
ing 2 warehousemen, a combination warehouseman-truckdriver, and
2 over-the-road truckdrivers. The Teamsters would exclude a ship-
ping-receiving clerk on the ground that he is a supervisor, and takes
no position as to inclusion of the remaining employee, a refrigeration
mechanic. The Retail Clerks does not seek to represent any of these
employees.
The Employer contends that such a unit is inappropriate because it
is an integral part of the overall wholesale and retail operations.
However, the Board has held that trucking and warehouse units may
be appropriate in the retail grocery business when there is no history
of bargaining on a broader basis.tt Accordingly, we find that the Em-
ployer's warehouse employees and truckdrivers constitute an appro-
priate unit. -
The shipping-receiving clerk: The duties of the shipping-receiving
clerk are to accept merchandise from various manufacturers and to fill
and ship orders to retail stores. At times he assists his three helpers,
the warehousemen, in the physical handling of the goods. Generally
in filling orders the shipping-receiving clerk will call out the items
desired from a tally sheet and his assistants will get these items out
of stock. He has no authority to hire, fire, or effectively recommend
such action. The record shows that his job does not require the use
of independent judgment and that his direction and assignment of
work to these employees is of a routine nature. We shall include the
shipping-receiving clerk in the warehouse unit.
The refrigeration ?nechanic: The refrigeration mechanic maintains
refrigerators at the warehouse and the stores. The record shows that
he has no supervisory authority. While the record does not show
under whose supervision he works, he is on the Employer's payroll
and works out of the warehouse. As there appears to be no reason
for excluding this employee, we shall include him in the unit.
We find that the following groups of the Employer's employees
constitute units appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act:
A. All the Employer's retail store employees employed in its stores
in Jackson, Mississippi, including employees in the grocery, meat,
produce, and bakery departments, delicatessen, hinchcounters, and
cafeteria ; assistant managers' and grocery department, meat depart-
ment, produce department, bakery department, delicatessen, and
'" Other narehouse employees at this location are employed by McCarty- Holman and
are presently represented for collective b: igaining in a unit of that firm's employees.
" Giant Markets, Inc., 107 NLRB, 10 ; Fulton Markets, Incorporated, 93 NLRB 3 (and
the cases cited therein).
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lunchcounter managers; checkers; part-time employees; 12 and the
parking lot attendant, but excluding all watchmen, guards, and super-
visors as defined in the Act.
B. All the Employer's warehouse helpers and truckdrivers em-
ployed at the warehouse at 453 North Mill Street, Jackson, Missis-
sippi, including the refrigeration mechanic and the shipping-receiv-
ing clerk, but excluding office and plant clerical employees, guards,
professional employees, and supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
MEMBERS MURDOCK and BEAN took no part in the consideration of
the above Decision and Direction of Elections.
19 The inclusion of certain part-time package boys is contested by the Employer. These
employees work Friday afternoon and all day Saturday. They sack packages and carry
them to cars. There is little turnover and the boys work regularly. Consequently, we
find that as regular part-time employees these employees have sufficient interest in com-
mon with the regular store employees to require their inclusion in the unit for purposes
of representation in collective bargaining. Giant Markets, Inc., 107 NLRB 10 ; L. il'ie-
mann Company, 106 NLRB 1167.
Consolidated Cigar Corporation and Local 676, International
Brotherhood of Teamsters , Chauffeurs , Warehousemen and
Helpers of America , AFL-CIO,' Petitioner. Case No. 4-RC-2876.
February 9,1956
DECISION AND CERTIFICATION OF REPRESENTATIVES
On December 8, 1955, pursuant to a stipulation for certification upon
consent election, an election among the Employer's production and
maintenance employees was held at Camden, New Jersey, under the
direction and supervision of the Regional Director for the Fourth
Region. The tally of ballots, which was served upon the parties, shows
that of approximately 704 eligible voters, 623 cast ballots, of which
324 were for the Petitioner, 295 were for Local 80-A, Packinghouse
Workers, AFL-CIO, 2 were against both unions, and 2 were
challenged.
Thereafter, Local 80-A filed timely objections to conduct affecting
the results of the election. The Regional Director thereupon investi-
gated the objections and filed his report and recommendations on ob-
jections, finding that the objections did not raise material and substan-
tial issues and recommending that they be dismissed. Local 80-A
thereafter filed exceptions to the report.
'As the AFL and CIO merged since the execution of stipulation for certification upon
consent election , we are taking notice thereof and accordingly amending the names of the
Petitioner and the other participating union in this proceeding.
115 NLRB No. 69.