Kroger Co.

National Labor Relations Board - Board Decisions

May 3, 1949

83 N.L.R.B. 343 (N.L.R.B. 1949)

In the Matter of KROGER COMPANY, EMPLOYER and LOCAL No. 1557,
RETAIL CLERKS INTERNATIONAL ASSOCIATION, A. F. L., PETITIONER
Case No. 10-KC^473.Decided May 3,1949
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this matter was
held at Nashville, Tennessee, on February 24, 1949, before Jerold B.
Sindler, hearing officer. 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-member panel [Members Reynolds, Murdock, and
Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, a labor organization, claims to represent 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 Petitioner is at the present time recognized by the Em-
ployer as the exclusive bargaining representative of all clerks, who
work more than 30 hours per week at the Employer's Nashville,
Tennessee, branch., There is no dispute as to the Petitioner's status
as the exclusive bargaining representative of that group, and the
Petitioner does not seek an election therein. The Petitioner now
seeks to add to the above group similar regular part-time clerks, who
work 30 hours and less per week, at the Employer's Nashville, Tennes-
see, branch, excluding part-time package boys who do not work past
the cash registers, employees in the meat departments, drivers, ware-
house employees, professional employees, guards, and supervisors at
this branch. The Employer agrees with the Petitioner's request ex-
cept that it would exclude clerical employees who work less than 1a
hours per week.
1 This branch includes 40 stores.
83 N. L. R. B., No. 44.
343
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Of the Employer's,part-time clerical employees, approximately 42,
a substantial number of whom are high school students, work less
than 12 hours each week. Although the Employer does not point out
specific instances, it insists generally that all employees who work
less -than 12 hours per week are not dependable and should, therefore,
not be included within a bargaining unit of similar employees who
work more than 12 hours per week. We do not agree. The record
indicates that a great majority of the employees who work less than
12 hours per week work at regular intervals and at regularly assigned
hours each week. It is established Board policy that all such part-
time employees are appropriately included within a unit of similar
full-time employees.2 However, the Employer's part-time clerical
employees at its Nashville, Tennessee, branch have not been covered
by the existing contract applicable to similar full-time employees of
the Employer at this branch. We shall, therefore, accord such part-
time employees the opportunity through an election to express their
desires with respect to their proposed merger in a unit of full-time
clerical employees .3
We shall direct an election among all regular part-time clerical
employees at the Employer's Nashville, Tennessee, branch, excluding
part-time package boys who do not work past the cash registers, all
employees in the meat departments, drivers, warehouse employees,
professional employees, guards; and supervisors. In the event that a
majority of the employees select the Petitioner as their bargaining
representative, they will thereby have indicated their desire to be
part of the unit of similar full-time employees presently represented
by the Petitioner at the Employer's Nashville, Tennessee, branch, and
will be part of such unit. If a majority of the employees vote against
the Petitioner, we shall dismiss the petition.
DIRECTION OF ELECTION
As part of the investigation to ascertain a representative for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-.
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the voting group described in paragraph numbered
4, above, who were employed during the pay-roll period immediately
9 See Matter of Burrows & Sanborn, Inc., 81 N. L. R. B . 1308 and cases cited therein.
See also Matter of Florsheim Retail Boot Shop , et al., 80 N. L. R. B. 1312, and cases
cited therein.
Cf. Matter of Armour and Company, 63 N. L . It. B. 582.
KROGER COMPANY 345
preceding the date of this Direction of Election , including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, 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, and also exclud-
ing employees on strike who are not entitled to reinstatement to
determine whether or not they desire to be represented , for purposes
of collective bargaining , by Local No . 1557, Retail Clerks International
Association , A. F. L.