Margaret Ann Supermarkets, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1948

78 N.L.R.B. 852 (N.L.R.B. 1948)

In the Matter of MARGARET ANN SUPERMARKETS, INC., EMPLOYER and
RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER
Case No. 10-RC-79.-Decided July 30, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
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.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act under the following circumstances :
The Employer, a Florida corporation, operates a chain of 35 retail
grocery stores in the southern part of Florida. Approximately 45
employees at the 3 stores in Orlando, Florida, are concerned in this
proceeding. During the year 1947, the Employer purchased goods for
resale valued in excess of $18,000,000. Of this total, goods valued in
excess of $10,000,000 originated in other States. During the same
period, the Employer sold goods having a value in excess of $18,000,-
000. All sales were made to customers in the State of Florida.
The Employer contends that it is not subject to the National Labor
Relations Act because all its goods, whether originating in the State
or beyond the State, were purchased from or through local dealers,
wholesalers, distributors, and representatives in Florida. We find
this argument untenable. Not only did goods valued in excess of
$10,000,000 flow across State lines to reach the Employer ultimately,
but a large portion of these goods moved directly by carrier from
points of origin in other States to the Employer's warehouses in
Florida.
* Houston, Reynolds , and Gray.
78 N. L. R. B., No. 111.
852
MARGARET ANN SUPERMARKETS, INC. 853
We find that it will effectuate the policies of the Act to assert juris-
diction in this case.
2. The labor organization named below claims to represent em-
ployees of the Employer.'
- 3. A question of representation 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 following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All employees at the Employer's three Orlando, Florida, grocery
stores, including assistant store managers 2 but excluding all meat
market employees, store managers, produce managers,8 and all other
supervisors.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives 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
supervision 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, among the
employees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
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 de-
termine whether they desire to be represented, for purposes of collec-
tive bargaining, by Retail Clerks International Association, AFL.
i The Employer moved to dismiss the petition on the grounds (a) that the Petitioner is
not a labor organization within the meaning of the Act and (b) that the Petitioner is not
in compliance with Section 9 (f), (g), and (h) of the Act. These motions are denied inas-
much as (a) the record shows that the Petitioner is organized for the purpose of represent-
ing employees with respect to wages, hours, and other conditions of employment, and
admits employees of the Employer to membership (Matter of Standard Oil Company of
Indiana, 77 N L. it. B 504) : and (b ) we have administratively determined that the
Petitioner was, at the time of the hearing , and presently is, in full compliance with the Act
(Matter of Thalhimer Brothe,s Incorporated , 77 N. L. it. B. 1249).
2 We find, contrary to the contentions of the Employer , that assistant store managers
are properly included in the unit, inasmuch as they are not supervisors within the meaning
of Section 2 (11) of the Act.
8 Contrary to the contentions of the Petitioner, we find that the produce managers are
supervisors within the meaning of Section 2 (11) of the Act, and are , therefore , properly
excluded " from° the unit.
798767-49-vol 78-55