The Great Atlantic & Pacific Tea Co.

National Labor Relations Board - Board Decisions

Sep 30, 1957

118 N.L.R.B. 1495 (N.L.R.B. 1957)

THE GREAT ATLANTIC & PACIFIC TEA COMPANY 1495
The Great Atlantic & Pacific Tea Company and Meat Cutters,
Packinghouse Workers & Food Handlers Union Local #657,
affiliated with Amalgamated Meat Cutters & Butcher Work-
men of North America , AFL-CIO, Petitioner
The Great Atlantic & Pacific Tea Company and Retail Clerks
International Association , Local #1625, AFL-CIO , Petitioner.
Cases Nos. 12-RC-155, 12-RC-168) 12-RC-164, and 12-RC-167.
September 30,1957
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Herbert B. Mintz, 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 [Members Rodgers, 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.
2. The labor organizations involved claim to represent certain 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)
(1) and Section 2 (6) and (7) of the Act.
4. The parties stipulated to incorporate by reference the record in
Cases Nos. 12-RC-151 and 12-RC-152, involving the same parties.'
They also agreed that the composition of the units sought in this case
should be the same as that of the units found appropriate by. the Board
therein and that the scope. of the appropriate units is as set forth in
the petitions. Accordingly, we find that the following employees of
the Employer constitute units appropriate for purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: .
A. All employees at the Employer's stores located at 2511 South
Poinsettia, 1814 North Poinsettia, and 6710 South Dixie, West Palm
Beach, and at 622 Lucerne, Lake Worth, Florida, including head
cashiers , office clerical employees, and all part-time employees working
more than 20 hours per week, but excluding all other part- time em=
ployees, all meat department employees, store managers, assistant store
managers , produce department heads, parking lot attendants, guards,
and supervisors as defined in the Act.
' Decision and Direction of Election not reported in printed volumes of Board Decisions
and Orders.
118 NLRB No. 204.
1496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
B. All employees at the Employer's stores located at 811 Orange
Avenue and 208 Avenue "A," Fort Pierce, Florida, including head
cashiers, office clerical employees, and all part-time employees work-
ing more than 20 hours per week, but excluding all other part-time
employees, all meat department employees, store managers, assistant
store managers, produce department heads, parking lot attendants,
guards, and supervisors as defined in the Act.
C. All meat department employees at the Employer's stores located
at 330 SW. 2d Street and 1500 East Sunrise Boulevard, Fort Lauder-
dale, 2111 North Federal Highway, Hollywood, and 2450 North Fed-
eral Highway, Pompano Beach, Florida, including all part-time em-
ployees working more than 20 hours per week, but excluding all other
employees, the meat department head, guards, and supervisors as
defined in the Act.
D. All meat department employees at the Employer's stores located
at 811 Orange Avenue and 208 Avenue "A," Fort Pierce, Florida, in-
cluding all part-time employees working more than 20 hours per week,
but excluding all other employees, the meat department head,. guards,
and supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
Frank L. Sample, Jr., Inc . and Industrial Union of Marine
and Shipbuilding Workers of America , AFL-CIO. Case No.
1-CA-f140. October 2,1957
DECISION AND ORDER
On February 26, 1957, Trial Examiner Robert E. Mullin issued his
Intermediate Report in this 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 take certain
affirmative action as set forth in the Intermediate Report, a copy of
which is attached hereto. The Trial Examiner further found that
the Respondent had not engaged in certain other alleged unfair labor
practices and recommended that the complaint be dismissed with
respect to those allegations. Thereafter the Respondent filed excep-
tions to the Intermediate Report together with a supporting brief.
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 [Members Murdock, Rodgers, and Bean].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed. The
118 NLRB No. 209.