Paxton Wholesale Grocery Co.

National Labor Relations Board - Board Decisions

Mar 20, 1959

123 N.L.R.B. 316 (N.L.R.B. 1959)

316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. In agreement with the stipulation of the parties, we find that
the following employees of the Employer constitute a unit appropri-
ate for the purposes of collective bargaining within the meaning of
Section 9(b) of the Act:
All production and maintenance employees at the Employer's
Santurce, Puerto Rico, plant, excluding all office clerical employees,
professional employees, executive and administrative personnel,
guards, and supervisors as defined in the Act.
In the absence of any exceptions to the Regional Director's report
on challenged ballots, and in accord with his recommendations, we
hereby overrule the challenges to the ballots of Manuel R. Villamil,
Julia Garcia de Ruiz, and Nicolas Damiani, and sustain the chal-
lenges to the remaining eight ballots. As the three challenged bal-
lots, which have been overruled, are sufficient in number to determine
the results of the election, we shall direct that these three ballots im-
mediately be opened and counted. If, after the ballots are opened
and counted, the Petitioner shall have received a majority of the
valid ballots cast, we shall, at that time, consider and determine the
merits of the Employer's objection to the election and its exceptions
to the Regional Director's report.
[The Board directed that the Regional Director for the Twenty-
fourth Region shall, within 10 days from the date of this Direction,
open and count the ballots of Manuel R. Villamil, Julia Garcia de
Ruiz, and Nicolas Damiani, and thereafter upon the parties a revised
tally of ballots. If the Petitioner receives a majority of the valid
votes cast, the Board shall then consider the objections to conduct
affecting the results of the election; if the Petitioner does not re-
ceive a majority of the valid votes the Regional Director shall issue
a certification of results of election.]
Paxton Wholesale Grocery Company and Amalgamated Meat
Cutters Union , Local 398, AFL-CIO, Petitioner. Cases Nos.
13-RC-6335 through 13-RC-6344. March 90, 1959
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 William Boetticher,
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 Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Chairman Leedom and Members Bean and Fanning].
123 NLRB No. 34.
PAXTON WHOLESALE GROCERY COMPANY 317
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 organization involved claims to represent certain
employees 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 a chain of 38 retail food stores, of which
26 are located in Illinois and 12 in Indiana, 34 of these stores have
meat departments. All of the stores are located within a 65-mile
radius of the central office and warehouse in Danville, Illinois. The
Petitioner seeks 10 separate units, each limited to the meat depart-
ment employees in one of the Employer's Illinois stores. The Em-
ployer contends that the only appropriate unit is one consisting of
all the meat departments in its stores. There is no relevant bargain-
ing history.
All meat departments are supervised by a head of the meat depart-
ment at the central office who has two assistants. The head of the
meat department does the buying for all the stores.
Pricing and labor relation policies for the entire chain are deter-
mined and administered by the central office. Except for such
limited power as may be exercised by the head butcher in this area
(see below), the central office controls all hiring and discharges.
All payroll records for the stores are kept at the central office.
There are frequent transfers between stores. There is also some
transfer of merchandise between the stores.
In view of the highly centralized administration of all the Em-
ployer's stores, and as the single-store units sought by the Petitioner
do not conform to any administrative division of the Employer's
operations, we find that the single-store units sought are inappro-
priate and that a companywide unit is alone appropriate.' More-
over, there is no evidence or contention that the requested stores are
all located in the same district geographical area.
The Petitioner requests that if the Board finds a multistore unit
appropriate, an election be directed only for those stores within the
Petitioner's jurisdiction. However, the Board has consistently re-
fused to predicate its unit findings upon the scope of the territorial
jurisdiction of a local.2 As the Petitioner has a sufficient showing of
interest for the multistore unit, we will direct an election in that unit.
If Petitioner wishes to withdraw from the election, it may do so by
notifying the Regional Director of their intention to withdraw
within 10 days from the date of this decision.
i See Safeway Stores, Inc., 96 NLRB 998, 1000.
2 See Jewel Food Stores, 111 NLRB 1368, 1372.
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The parties stipulated that the head butchers were not supervisors
and would include them. However, the record shows that the head
butchers may, in emergency situations, discharge helpers in the meat
department. As the record is inadequate to ' determine whether or
not they are supervisors, we permit the head butchers to vote but
direct that the Board agent challenge their ballots.
Accordingly, we find that the following employees of the Em-
ployer constitute a unit appropriate for the purposes of collective
bargaining within Section 9(b) of the Act: All meat department
employees, including regular part-time employees, at the Employer's
Illinois and Indiana stores, but excluding grocery department em-
ployees, guards, professional employees, and supervisors as defined
in the Act.
,[Text of Direction of Election omitted from publication.]
Crown Corrugated Container , Inc. and William V. Long and
George W. Tompkins. Cases Nos. 6-CA-1203 and 6-CA-1251.
March 24, 1959
DECISION AND ORDER
On October 24, 1958, Trial Examiner Louis Plost, issued a report
to the Board on dismissal of the complaints in the above-entitled
proceedings, a copy of which is attached hereto. Thereafter the
General Counsel filed exceptions to the report and a supporting brief.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Jenkins].
It appears that at the end of the testimony in these proceedings,
Respondent moved to dismiss the complaints, on the merits, which
motion was forthwith granted by the Trial Examiner, with a state-
ment, that he would, in due course, issue a Report on the dismissal
with his findings of fact and conclusions. In the instant Report, he
has made findings of fact and conclusions, including findings on
credibility of witnesses. We will treat the Report as an Inter-
mediate Report and Recommended Order and make the initial de-
cision herein.'
The Board has reviewed the rulings of the Trial Examiner on the
hearing and finds that no prejudicial error was committed and the
rulings are hereby affirmed except as follows :
The General Counsel. has excepted to the rulings of the Trial
Examiner, refusing to allow the General Counsel to impeach the
1 See N .L.R.B. v. Elkland Leather Company , Inc., 114 F. 2d 221 ( C.A. 3), enfg. 8 NLRB
519, cert . denied 311 U.S. 705, wherein it was held that an Intermediate Report is
advisory only.
123 NLRB No. 42.