Morgan Bros. Co.

National Labor Relations Board - Board Decisions

Jun 25, 1948

77 N.L.R.B. 1440 (N.L.R.B. 1948)

In the Matter Of MORGAN BROS. Co. and AMALGAMATED MEAT CUTTERS
BUTCHER WORKMEN OF NORTH AMERICA, LOCAL 592, A. F. L.
In the Matter Of MORGAN BROS. Co. and FOOD SERVICE SALES DRIVERS,
CHAUFFEURS, HELPERS AND FOOD SERVICE WAREHOUSEMEN, LOCAL
646, A. F. L.
Cases Nos. 1-RM-8 and 1-RC-86, respectively. Decided June 05,
1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions 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
National Labor Relations Act.
2. The labor organizations named in the Direction of Elections
claim to represent employees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The Company and the Amalgamated Meat Cutters & Butcher
Workmen of North America, Local 592, A. F. L. (herein called the
Amalgamated), request a unit comprised of all employees at the Com-
pany's warehouse and 24 retail stores, excluding office workers and
supervisors. The Food Service Sales Drivers, Chauffeurs, Helpers
and Food Service Warehousemen, Local 646, A. F. L. (herein called
* Houston , Reynolds , and Gray.
77 N. L. R. B., No. 222.
1440
MORGAN BROS. CO. 1441
Food Service. Sales Drivers), seeks a unit comprised of all drivers and
warehouse employees, excluding retail clerks, executives, foremen,
office and clerical employees; and supervisors.
The record shows that the Company employs sales clerks in its 24.
retail stores in the Greater Boston Area, truck drivers who deliver
merchandise to the warehouse and distribute merchandise from the
warehouse to the retail stores, and employees at the warehouse known'
as "processors" who bottle cream, make ice cream, blend coffee, and
assemble merchandise to be shipped to the retail stores. In addition,
it employs several maintenance men who do alterations, carpentry and
painting work, and advertising display work ; these employees, with
the exception of the sign painter who works at the warehouse, do all of
their work at the retail stores but get their orders at the warehouse..
Seven of the sales clerks in six of the retail stores do part-time delivery
work in addition to their regular sales work.
There is no history of collective bargaining respecting these em-
ployees and no Board election has ever been held among them. The
Company asserted in support of an over-all unit that it treats all such
employees on a similar basis as to wages, vacations, and other condi-
tions of employment. The Food Service Sales Drivers asserts, how-
ever, that it represents similar units of truck drivers and warehouse
employees in a considerable number of establishments engaged in the
grocery business. We have also held that such trucking and ware-
house units are appropriate.'
Under all the circumstances and upon the entire record in the case,
we are of the opinion that either an over-all unit as requested by the
Company and the Amalgamated, or two separate units as urged by the
Food Service Sales Drivers, are appropriate.
We shall, therefore, make no final unit determination at this time
but shall first direct elections among the following groups of em-
ployees to ascertain their desires concerning separate representation :
1. All retail sales clerks, including those engaged in part-time de-
livery work,2 excluding office employees and supervisors.
2. All drivers and warehouse employees, including processors and
maintenance employees, excluding office employees, and supervisors-
Matter of Eisner Grocery Company, 72 N. L. R. B. 721.
a Most of the retail clerks engaged in part-time work devote approximately 50 percent
or more of their time to retail sales duties. We find, therefore, that they are more appro-
priately included in a unit of sales clerks than in the unit of drivers and warehouse
employees.
1442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS 3
As part of the investigation to ascertain representatives for the pur-
pQses of collective bargaining with the Employer, elections by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and su-
pervision 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 em-
ployees in the voting groups described in paragraph 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 rein-
stated prior to the date of the election and also excluding employees
on strike who are not entitled to reinstatement, to determine whether,
for the purposes of collective bargaining, (a) the employees in group
1, above, desire to be represented by Amalgamated Meat Cutters &
Butcher Workmen of North America, Local 592, A. F. L., and (b) the
employees in group 2, above, desire to be represented by Amalgamated
Meat Cutters & Butcher Workmen of North America, Local 592,
A. F. L., or by Food Service Sales Drivers, Chauffeurs, Helpers and
Food Service Warehousemen, Local 646, A. F. L., or by neither.
3 Any participant in the elections directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.