Piggly-Wiggly Corp.

National Labor Relations Board - Board Decisions

Mar 23, 1949

82 N.L.R.B. 267 (N.L.R.B. 1949)

In the Matter Of PIGGLY-WIGGLY CORPORATION, EMPLOYER and RETAIL
CLERKS INTERNATIONAL ASSOCIATION, LOCAL 1296, AFL, PETI-
TIONER
Case No. 39-RC-7.-Decided March 03,1949
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
ruling 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.*
Upon the entire record in this case, the Board finds :
1. The Employer is a Delaware corporation operating eight retail
food stores and a warehouse in the State of Texas. This proceeding
is concerned with the five stores and warehouse which the Employer
has in metropolitan Houston.' During the year 1947, the Employer
purchased merchandise valued at approximately $3,600,000. Of this
amount, between 15 and 20 percent was received directly from points
outside the State of Texas. Another 12 percent, though bought in
Texas, originated from out of the State. With the exception of $2,000
worth of drugs, all the Employer's $4,183,000 of sales are made within
the State of Texas., Contrary to the contention of the Employer,
we find that the Employer is engaged in commerce within the meaning
of the Act and that it would effectuate the policies of the Act to assert
jurisdiction here.3
n ITouston, Reynolds , and Murdock.
However, in making our decision, we take note of the fact that the Employer also
operates a franchise business , in approximately 20 States, Alaska, and Hawaii, licensing
grocery stores to use the name , "Piggly -Wiggly "
2 All these figures as to purchases and sales are for the Employer 's eight stores in
Texas . The record does not show any breakdown for the five stores in Houston.
'Matter of Tip Top Grocery Company, 81 N. L R B. 955; Matter of Providence
Public Market , 79 N. L. R. B 1482, Matter of Margaret Ann Supermarkets , Inc., 78
N L. R. B. 852
In its brief the Employer relies heavily on Matter of McDonald Co-operative Dairy
Company, 58 N. L. R. B . 552, where the Board refused to assert jurisdiction. But in
that case the company received only $24,000 worth of goods , amounting to a little over
1 percent of its total purchases , directly from out of State. Here , the Employer obtains
15 to 20 percent of its products , between $540 ,000 and $720 , 000 in value , directly from
points outside the State of Texas . Furthermore , $ 432,000 worth of the Employer's
purchases , though bought locally, were purchased from firms which received them from
out of State.
82 N. L . R. B., No. 34.
267
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All retail clerks in the Employer's five stores in metropolitan Hous-
ton, Texas, including checkers, cashiers, stockmen, assistant managers,
produce managers, but excluding all meat department employees,
porters, janitors, office employees, part-time employees, warehouse
employees, guards, professional employees, drug department man-
agers, store managers, and supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 60
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 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 or not they desire to be represented, for purposes of
collective bargaining, by the Retail Clerks International Association,
Local 1296, AFL.