The American News Co.

National Labor Relations Board - Board Decisions

Apr 29, 1960

127 N.L.R.B. 520 (N.L.R.B. 1960)

-520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Union News Company , a Division of the American News Company,' and Retail Drug, Cigar , Soda and Luncheonette Employees Union , Local 906, RWDSU , AFL-CIO, Petitioner. 'Cases Nos. 2-RC-10408,2 2-RC-10409, 2-RC-10410, 2-RC-10411, and 2-RC-10412. April 29, 1960 DECISION, ORDER, AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9(c) of the Na- Itional Labor Relations Act, a consolidated hearing was held before Joseph S. Lovinger, 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-member panel [Chairman Leedom and Members Bean and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act.3 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 in Case No. 2-RC-10409 within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. In this case, the Petitioner seeks to represent some seven employees at the Employer's Milk Bar located at the Greyhound Bus terminal on 34th Street, New York City. The Intervenor, Chain Service Restau- rant Luncheonette and Soda Fountain Employees Union, Local 11, Hotel and Restaurant Employees International Union, AFL-CIO, herein referred to as Local 11, claims that its current contract with the Employer bars this petition. We agree. Local 11 has had collective-bargaining agreements with the Em- ployer for several years covering many retail outlets located in metro- politan New York City. A master agreement setting forth compre- hensive terms and conditions of employment covering employees in these units was executed July 1952 and extended by supplemental I The name of the Employer appears as amended at the hearing. 2In this case , Petitioner sought to represent employees in the stockroom at Grand Central and Pennsylvania Railroad Stations . At the hearing , Petitioner requested with- drawal of its petition in Case No. 2-RC-10408 on the ground that the operations involved therein have been permanently closed. In the absence of objections by other parties in this proceeding , the motion is hereby granted. 8 The Employer is engaged in the operation of newsstands , restaurants , soda fountains, and other retail outlets in various States of the United States. As the Employer 's gross volume of business in the past year exceeded $ 5,000,000, we find it will effectuate the policies of the Act to assert jurisdiction herein. Carolina Supplies and Cement Co., 122 NLRB 88 , 89; Union News Company, Case No. 2-RC-10129 , issued Nov . 27, 1959 (unpublished). 127 NLRB No. 67. THE UNION NEWS COMPANY, ETC. 521 agreements January 6, 1955, and April 1, 1957. On May 21, 1959, the Employer and Local 11 executed a memorandum of agreement reciting that inasmuch as Local 11 represents many restaurants, luncheonettes, etc., in the area, the Employer would recognize Local 11 as the repre- sentative of the employees at the instant Milk Bar; that a more formal agreement would be executed after the expiration of the present master contract on July 31, 1959; and providing that in the meantime the employees here involved would be covered by the present master con- tract. On November 2, 1959, a supplemental agreement to the May 21 agreement was executed, reciting that the master contract of 1952 as extended in 1955 and 1957 also covers the Milk Bar employees as well as employees in the other retail outlets, and further extending such contracts to November 2, 1962. As the instant petition was filed December 1, 1959, 1 month after the November 2, 1959, supplemental agreement, we find that the latter bars this petition.' In accordance with our present contract-bar policy, we shall treat the 3-year supple- mental agreement as a bar for 2 years or until November 2, 19611 A question affecting commerce exists concerning the representation of employees of the Employer in Cases Nos. 2-RC-10410, 10411, and 10412 within the meaning of Section 9(c) (1) and 2(6) and (7) of the Act. 4. The appropriate units : In Case No. 2-RC-10410, Petitioner seeks a unit of employees at the cigar and newsstand located in the Lexington Hotel, Lexington, Avenue and 48th Street, New York City. Local 1115-C, Amusement Clerks and Concessionaires Employees Union, AFL-CIO, herein: called Local 1115-C was permitted to intervene. This stand operates in two shifts, the first shift is from 7 a.m. to. 3 p.m. and the second from 3 to 11 p.m. One employee, designated as the "manager," works the first shift, another full-time employee works the second shift and there is a third employee who relieves the other two. The manager has full responsibility for the operation of the stand. As the uncontradicted record shows that the manager hires and discharges employees, we find in agreement with the Em- ployer that he is a supervisor within the meaning of the Act and exclude him.6 In Case No. 2-RC-10411, Petitioner seeks a unit of employees at the newsstand located at Crame's Park, Hunt's Point Road, Bronx,. New York City. Local 11 was permitted to intervene. There are three employees at this operation, a manager and two other employees. The manager is responsible for the operation of * Deluxe Metal Furniture Company , 121 NLRB 995, 1006 Pacific Coast Association of Pulp and Paper Manufacturers , 121 NLRB 990. °Cf. The Union News Co., Case No. 4-RC-3221, issued March 12, 1957 ( unpublished), where the Board held , as to managers who at no time had clerks under them, they were not supervisors . However , there was no evidence that those managers hired and dis- charged employees. 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the stand. As the record shows that this manager hires and dis- charges employees, we find in agreement with the Employer that he is a supervisor and exclude him. In Case No. 2-RC-10412, Petitioner seeks a unit of employees at the Beaumart Gift Shop located in Grand Central terminal, New York City. Local 1115-C was permitted to intervene. The parties disagreed as to the status of the manager, whom the Petitioner would include and the Employer exclude. The evidence shows that the man- :ager here hires and discharges and responsibly directs employees. We shall therefore exclude the manager 7 as a supervisor within the meaning of the Act. The following employees of the Employer constitute units appro- priate for the purposes of collective bargaining within the meaning ,of Section 9(b) of the National Labor Relations Act, as amended: (1) All employees of the Employer's cigar and newsstand located at the Lexington Motel, Lexington Avenue and 48th Street, New York City, but excluding the manager, professional employees, watch- men, guards, and all supervisors as defined in the Act. (2) All employees of the Employer at the newsstand located at frame's Park and Hunt's Point Road, Bronx, New York, excluding the manager, professional employees, watchmen, guards, and all supervisors as defined in the Act. (3) All employees of the Employer in the Beaumart Gift Shop located at Grand Central terminal, New York City, excluding the manager, professional employees, watchmen, guards, and all super- visors as defined in the Act. [The Board dismissed the petition in Case No. 2-RC-10409.] [Text of Direction of Elections omitted from publication.] 7 See footnote 6, supra, where the Board held that, as to those managers who had authority to hire and discharge and exercised responsible direction , these were super 'visors within the meaning of the Act and excluded them. Shamrock Foods, Inc. and Chauffeurs, Teamsters and Helpers Local Union No . 175, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America. Case No. 9-CA-1757. May 2, 1960 DECISION AND ORDER ,On January 12,1960, Trial Examiner Louis Libbin issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and 127 NLRB No. 70.