McKesson & Robbins, Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1953

106 N.L.R.B. 1220 (N.L.R.B. 1953)

1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployee s , cafeteria employees , testers , truckdrive r s, inspectors,
plant production clerks , plant record clerks , material ex-
pediters , plant time clerks , plant general duty clerks, and
plant stenographers , but excluding . office clerical employees,
engineers , salaried employees other than inspectors and
employees in the cafeteria and shipping and receiving depart-
ment, guards , professional employees , and supervisors as
defined in the Act.
[Text of Direction of Elections omitted from publication .1
5 Federation of Westinghouse Independent Salaried Unions has not been included in the
Direction of Election as it indicated at the hearing that it did not wish a place on the ballot.
M c K E S S O N & ROBBINS, INCORPORATED and RETAIL,
WHOLESALE & DEPARTMENT STORE UNION, CIO, Peti-
tioner. Case No. 9-RC-1955. September 29, 1953
SUPPLEMENTAL DECISION , ORDER, AND DIRECTION OF
SECOND ELECTION
Pursuant to a Decision and Direction of Election issued
herein on June 30, 1953,i an election by secret ballot was
conducted on July 23, 1953, under the directionand supervision
of the Regional Director for the NinthRegion, among employees
in the unit found appropriate by the Board. Following the
election, a tally of ballots was furnished the parties. The tally
shows that of 21 eligible voters, 20 cast ballots, of which 4
were for the Petitioner and 16 were against the Petitioner.
On July 27, the Petitioner filed timely objections to the
election . The Acting Regional Director investigated the ob-
jections, and on August 12, 1953, issued and duly served upon
the parties his report on objections to election, in which he
recommended that the objections be sustained and that the
Board set aside the election. The Employer filed timely excep-
tions to the Acting Regional Director's report on objections
to election.
Having duly considered the matter, the Board finds as fol-
lows:
On July 15, 1953, the Regional Office mailed standard
notices of election to the Employer. Because the Employer
did not receive these notices , it posted notices of election which
it had from a previous Board election. The sample ballot which
was posted as a part of the notice of election , however, was
the standards ample ballot used in union-authorization elections.
We find that under these circumstances the employees were
not properly apprised of the issue in the election , and that
there is substantial doubt as to whether proper election
1 Not reported in printed volumes of Board Decisions.
106 NLRB No. 202.
WALGREEN CO. OF NEW YORK, INC. 1221
standards were met.' Accordingly, we shall set aside the
results of the election held on July 23, 1953, and direct a new
election.
[The Board set aside the election held on July 23, 1953.]
[Text of Direction of Second Election omitted from publica-
tion.]
Member Murdock took no part in the consideration of the
above Supplemental Decision, Order, and Direction of Second
Election.
2 See Angelus Chevrolet Co., 90 NLRB 1142.
WALGREEN CO. OF NEW YORK, INC. and RETAIL DRUG
EMPLOYEES UNION, LOCAL 1199, DPOWA-CIO, Peti-
tioner. Case No. 2-RC-6022. September 30, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Max Dauber,
hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby af-
firmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The Petitioner and Local 11, Chain Service Restaurant
Employees, affiliated with the Hotel, Restaurant and Bar-
tenders International Union, AFL, the Intervenor herein, claim
to represent certain employees of the Employer. The Petitioner
and the Intervenor exist for the purpose of engaging in collective
bargaining with employees regarding wages, hours, and other
conditions of employment. We find that they are labor organi-
zations as defined in the Act.'
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit consisting of all employees
in the Employer's Levittown, New York, store, including
fountain employees, drug department employees, regular
part-time employees, and cashiers, but excluding window
trimmers, bookkeepers, casual part-time employees, pharma-
cists, fountain supervisor, and all other supervisors as defined
in the Act. There is no history of collective bargaining for this
store . The Employer, which has a contract with the Intervenor
'Balboa Pacific Corporation, 88 NLRB 1505.
106 NLRB No. 205.