Schaffer Stores Co., Inc.

National Labor Relations Board - Board Decisions

Mar 27, 1950

88 N.L.R.B. 1446 (N.L.R.B. 1950)

In the Matter of SCHAFFER STORES CO., INC., EMPLOYER and LOCAL
489, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF
NORTH AMERICA, A. F. L., PETITIONER
Case No. 2-RC-1599.-Decided March 27, 1950
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Jack Davis,,
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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and',
Murdock].
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 organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 99
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Employer operates a chain of 41 food markets in the eastern
part of upper New York State. Nine of these stores are located in
Dutchess County, New York. The Petitioner seeks to represent all
the employees, except for certain categories, in the Dutchess County
stores. It asserts that its jurisdiction given to it by its parent inter-
national union does not extend to any stores of the Employer other
than those in Dutchess County. It has organized in those stores alone.
The Employer contends that the appropriate unit should include the
employees in all 41 of its stores.
At the top of the Employer's administrative hierarchy are a presi-
dent and two vice presidents. One vice president supervises the gro-
cery and produce operations, the other is in charge of meats. Under
the vice president in charge of groceries there are three grocery super-
88 NLRB No. 254.
1446
SCHAFFER STORES CO., INC. 1447
'intendents and one dairy supervisor. The three grocery superintend-
ents, respectively, have supervision over the stores of the Employer
in three groups of contiguous counties. One of these groups is com-
posed of Dutchess, Ulster, and Orange Counties. The dairy super-
visor has jurisdiction over dairy matters in all the stores of the
Employer. The vice president in charge of meats has two superin-
tendents under him, each having charge of the meat operations in
stores in a group of adjacent counties. Dutchess County is in one of
these groups along with four other counties.
Each vice president determines all personnel and labor policies
within his jurisdiction and all such policies are uniform throughout the
chain. Minimum rates of pay and rate ranges are uniform and there
is a uniform system of merit reviews. There is no variation in wages
or hours because of location or localities. The same is true with respect
to vacations, paid holidays, and Christmas bonuses. The only varia-
tion in bonuses is that based on a store's volume of business. There is
no regular interchange of employees among the various stores, either
within Dutchess County or the chain generally. However, permanent
transfers are sometimes made for various reasons. Supplies for all
the stores in the chain are requisitioned from the Employer's only
warehouses at Schenectady, New York. Some of the Dutchess County
stores are closer in distance to stores outside the county than to each
other in the county.
It appears that the unit sought by the Petitioner finds no support in
the nature of the operations of the Employer or in its organizational
structure. The only basis for the requested unit lies in the limitations
of the Petitioner's jurisdiction and the extent of its organization based
thereon. Since we are now precluded by the amended Act from giving
controlling weight to this factor in any unit determination ,l we find
that the unit petitioned for is inappropriate for the purposes of
collective bargaining.2
As we have found that the unit sought by the Petitioner is not
:appropriate for purposes of collective bargaining, we find that no
question affecting commerce exists concerning the representation of
employees of the Employer.
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in these proceedings, the National Labor Relations Board
hereby orders that the petition filed herein be, and it hereby is,
dismissed.
1 See Section 9 (c) (5).
'Kro,ger Company ( St. Louis Branch office), 88 NLRB 194 ; Spencer Shoe Corporation,
88 NLRB 791.