Tanner-Brice Co.

National Labor Relations Board - Board Decisions

Mar 29, 1949

82 N.L.R.B. 477 (N.L.R.B. 1949)

In the Matter of TANNER -BRICE COMPANY and RETAIL CLERKS INTER-
NATIONAL ASSOCIATION , A. F. L. LOCAL UNION 1063
Case No.1O-RC-432.Decided March 29,1949
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 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.*
Upon the entire record in this case, the Board finds :
1. The Employer is a Georgia corporation operating 40 retail
grocery stores in that State. The Petitioner seeks a unit of employees
in the Employer's 6 Macon stores only. During the year 1948, the
total purchases for all the Employer's stores amounted to $4,000,000
in value.,' Of this amount, 22 percent came directly to the Employer
from out of State. Another 30 percent or more, though bought locally,
originated out of State. All the Employer's sales are made within
the State. We find that the activities of the Employer affect commerce
within the meaning of the Act and that it will effectuate the policies
of the Act to assert jurisdiction here 2
2. The labor organization named below claims to represent em-
ployees 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) and Section 2 (6) and (7) of the Act .3
•Houston , Reynolds , and Murdock.
1 The Employer contends that in deciding the issue of jurisdiction the Board may properly
consider only the activities of the Macon stores because the unit sought by the Petitioner
embraces only those stores. We find no merit in this contention . The standards used to
decide what unit is appropriate are not necessarily those considered in determining whether
or not to assert jurisdiction . We believe that in this case we should take into account
the State -wide grocery business of the Employer.
2 Matter of Tip Top Grocery Company, 81 N. L. R. B . 955; Matter of Margaret Ann
Supermarkets, Inc., 78 N. L. R. B. 852.
8 The Employer moved to dismiss the petition on the ground that the number of employees
involved is entirely too trivial and insignificant to create a bargaining unit which would
82 N. L. It. B., No. 53. 477
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees constitute an appropriate unit for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act:
All employees in the Employer's retail stores in Macon, Georgia,
with the exception of meat market employees, watchmen, guards, pro-
fessional employees, store managers, assistant managers, and super-
visors as defined in the Act.'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 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 excluding
all Friday and Saturday part-time employees, and also excluding
employees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by Retail Clerks International Association, A. F. L.
Local Union 1063.
effectuate the purposes of the Act . We deny the motion. There are approximately 25
employees in the unit hereinafter found appropriate . We have frequently held that two or
more employees may comprise an appropriate unit. Matter of Tennessee Valley Broad.
casting Company, 73 N. L. It. B. 1509. Matter of A. S. Campbell Co., Inc., 69 N . L. R. B.
1285.
4 The Petitioner sought the exclusion of Friday and Saturday part-time employees and
the Employer did not object . We have dealt with these employees in the Direction of
Election.