Sparkle Markets Co.

National Labor Relations Board - Board Decisions

Aug 17, 1955

113 N.L.R.B. 790 (N.L.R.B. 1955)

790 DECISIONS " OF NATIONAL LABOR RELATIONS BOARD
would-negative the policy and intent of Section 9 (f), (g), and (h)
of the Act.
ORDER
IT Is HEREBY ORDERED that the Respondent's motion for reconsidera-
tion be, and it hereby is, denied.
IT IS HEREBY FURTHER ORDERED that the application for modification
of Board order filed by the United Mine Workers of America be, and
it hereby is, denied.
Sparkle Markets Company and Retail Clerks International Asso-
ciation, Local 133, AFL, Petitioner . Case No. 8-RC-2464. Au-
gust 17,1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Paul Weingarten,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
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 organizations involved claim to represent certain em-
ployees of the Employer.'
3. No 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, for the following rea-
sons:
The Employer operates a chain ^ of 16 retail grocery stores in the
Pittsburgh, Pennsylvania, area. Thirteen of the stores are located
in Pennsylvania, 1 in Weirton, West Virginia, and 1 each in Steuben-
ville and East Liverpool, Ohio. The Petitioner seeks to represent a
unit, of all employees in the grocery, home center, and produce de-
partments of the East Liverpool store, excluding, among others,, the
meat department employees. The Employer and the Intervenor con-
tend that the only appropriate unit is one consisting of employees in
all the Employer's stores.
The Intervenor has bargained for the Employer's employees in a
single multistore unit since 1937. Its current contract is effective
from October 17, 1954, to October 17, 1956 a The East Liverpool store
is a new operation, first opened-for business in March 1955.
:'Amalgamated meat Cutters & Butcher Workmen of North America , Local 424, herein
called the Intervenor , was permitted to intervene on the basis of its current contractual
interest.
2 The Employer and Intervenor contend that this contract is a bar to this proceeding.
In view of our decision in this case , we find it unnecessary to pass upon this question.
113 NLRB No. 87.
SIDNEY BLUMENTHAL & CO., INC. 791
The Employer's entire chain of 16 stores are within a 40-mile radius
of Pittsburgh, Pennsylvania. Most of the merchandise received by
these stores is shipped from the Employer's only warehouse in Pitts-
burgh. All the stores are controlled from the Employer's central office
in Pittsburgh, and are under the supervision of the general superin-
tendent who is directly responsible to the owner of the stores. There
is only 1 pricing and 1 operating policy for all the stores. In addition,
the Employer maintains the same labor relations policy for all its
stores, and all bargaining for the stores is done by the Employer's
representatives in Pittsburgh. Employees for the stores are hired
locally by interviewers sent from the Pittsburgh office. Employees
of the various stores in the same classification receive the same rate
of pay,' work under the same conditions of employment, receive the
same privileges and benefits, and are paid by check from the Pitts-
burgh office. Seniority is computed on a companywide basis. It is
clear from the foregoing that the administration of Employer's op-
erations is centralized and covers all its stores.
The Board has frequently indicated that the appropriate collective--
bargaining unit in the retail grocery trade should embrace employees
of all stores located within an employer's administrative division or
geographical area.' As indicated, all Employer's stores are within the
same geographical area and are centrally administered. Under these
circumstances, and in view of the history of bargaining on a multi-
store basis, we are of the opinion that the unit sought, confined to a
single store, is inappropriate. And as none of the parties seeks an
election in the multistore unit currently represented by the Intervenor,
we shall dismiss the petition.
[The Board dismissed the petition.]
CHAIR11AN FARMER took no part in the consideration of the above
Decision and Order.
3 The Employer maintains 2 scales of pay: 1 for the larger stores which is slightly
higher, and 1 for the smaller stores.
4 Jewel Food Stores, 111 NLRB 1368; The Great Atlantic & Pacific Tea Company, 99
NLRB 1500 at 1502; Safeway Stores, Incorporated, 96 NLRB 998 at 1000.
Sidney Blumenthal & Co., Inc. ( Caromount and Wilson Divisions)
and Textile Workers Union of America, CIO, Petitioner. Case
No. 11-RC-764. August 17, 1955
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 Robert Cohn, hearing officer.
113 NLRB No. 85.
879288-56-vol . 113-51