Tip Top Grocery Co.

National Labor Relations Board - Board Decisions

Feb 23, 1949

81 N.L.R.B. 955 (N.L.R.B. 1949)

In the Matter of TIP Top GROCERY COMPANY, EMPLOYER and RETAIL
CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER
Case No. lo-RC-411.-Decided February 23,1949
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 -man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The business of the Employer :
The Employer, a Florida corporation, is engaged in the business
of selling at retail commodities consisting principally of groceries,
meats, produce, and household goods. It operates four self service
super markets, which are serviced and maintained by a bakery and a
warehouse, all of which are located in the city of Miami. During the
past year, the Employer purchased commodities for resale valued at
$1,500,000 all of which were shipped directly to its warehouse from
points outside the State of Florida. Of this total, commodities valued
at $1,000,000 were ordered directly from points outside the State,
and commodities valued at $500,000 were ordered through local jobbers
within the State. During the same period, the Employer sold at
retail commodities valued in excess of $1,000,000. All sales were
made to customers within the State of Florida.
We find that the Employer is engaged in commerce within the
meaning of the Act. We further find that it will effectuate the policies
of the Act to assert jurisdiction in this case.2
"Amalgamated Meat Cutters & Butcher Workmen of North America, AFL, hereinafter
called the Intervenor , was allowed to intervene at the hearing by the hearing officer on
the basis of a contract between the Intervenor and the Employer. The Intervenor inter-
vened solely for the purpose of protecting its contract unit of butchers and delicatessen
employees in the Employer ' s four retail stores.
*Reynolds , Murdock, and Gray.
I See Matter of Margaret Ann Supermarkets , Inc., 78 N. L. It. B. 852.
81 N. L. R. B., No. 145. 955
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question of representation 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 following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All employees at the Employer's four retail stores, including hard-
ware clerks, bakery clerks, food clerks, produce clerks, stock clerks,
and all other employees in the Employer's Stores classified as sales
people or clerks including porters, but excluding store managers, sub-
managers, produce managers, office employees, warehouse employees,
restaurant employees, wholesale bakery employees, meat department
employees, supervisors, guards, and professional employees within the
meaning of 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 regular
part-time employees 3 and 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 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, AFL.
3 Included under this category are part-time employees who are regularly assigned work
schedules of 12 hours or more each week. See Matter of Journal of Commerce Corporation,
74 N. L . R. B. 1376 ; Matter of Wilson Athletac Goods Manufacturing Co., Inc., 76 N. L.
R. B. 315.