Union Premier Food Stores, Inc.

National Labor Relations Board - Board Decisions

Sep 15, 1939

15 N.L.R.B. 287 (N.L.R.B. 1939)

In the Matter of UNION PREMIER FOOD STORES, INC., A PENNSYLVANIA
CORPORATION; THE FOOD FAIR, INC. OF PENNSYLVANIA, A PENNSYL-
VANIA CORPORATION; THE FOOD FAIR, INC., A NEW JERSEY CORPORA-
TION and UNITED RETAIL & WHOLESALE EMPLOYEES OF AMERICA,
AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-859
FOURTH SUPPLEMENTAL DECISION
AND
SECOND AMENDED DIRECTION OF ELECTIONS
September 15,1939
On December 8, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in
the above-entitled case. On December 16, 1938, the Board issued an
Amendment to Direction of Elections.2 , On January 5, 1939, the
Board issued a Supplemental Decision, Order, and Second Amend-
]nent to Direction of Elections.3 On February 14, 1939, the Board
issued a Second Supplemental Decision and Amended Direction of
Elections 4
The Direction of Elections, as last amended, provided that, as part
of the investigation authorized by the Board to ascertain representa-
tives for collective bargaining with Union Premier Food Stores, Inc.,
The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., elec-
tions by secret ballot.should be conducted within thirty (30) days,
among the full-time employees within the groups described below who
were employed by the Companies during the pay-roll period next
preceding the date of the Amended Direction of Elections and the
part-time employees within the said groups who were employed by
the Companies during any part of 3 of the 4 weeks next preceding
the aforesaid, date, excluding executives, -supervisory employees, and
office workers :
(a) The warehouse employees. to determine whether they desired
to be represented by United Retail & Wholesale Employees of
110 N. L. R. B. 370.
110 N . L. R. B. 370.
110 N. L. R. B. 377.
4 11 N . L. R. B. 270.
15 N. L. R. B., No. 87.
287
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
America, affiliated with the Congress of Industrial Organizations, or
Storage Warehouse Employees Union, Local 18571, affiliated with the
American Federation of Labor, or by neither;
(b) The meat cutters and butchers to determine whether they
desired to be represented by United Retail & Wholesale Employees
of America, affiliated with the Congress of Industrial Organizations,
or Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, or by
neither; and
(c) All the remaining employees to determine whether they desired
to be represented by United Retail & Wholesale Employees of
America, affiliated with the Congress of Industrial Organizations, or
Retail Clerks International Protective Association, Food Clerks and
Managers Union, affiliated with the American Federation of Labor,
or by neither.
The Board stated that if a majority of the employees in any group
selected one of the organizations affiliated with the American Federa-
tion of Labor to represent them, the employees in said group should
constitute a separate bargaining unit; and that if a majority of the
employees in any one or more groups accorded the United a ma-
jority, all the employees in the group or groups which so designated
the United should constitute a single bargaining unit.
Pursuant to the Amended Direction of Elections, elections by se-
cret ballot were conducted on March 13, 14, and 15, 1939. On March
22, 1939, the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania) issued and duly served upon all parties interested in
the balloting his Intermediate Report Upon Secret Ballot. As to
the results of the balloting, the Regional Director reported that Stor-
age Warehouse Employees Union, Local 18571, had been accorded a
majority by the warehouse employees, that a majority of the meat cut-
ters and butchers had selected United Retail & Wholesale Employees
of America, and that the ballot among the remaining employees was
indecisive.
On March 27, 1939, August J. Miskell, president of Retail Clerks
International, Protective Association, Food Clerks and Managers
Union, Locals 1357, 692, 584, and 1245, and Amalgamated Meat Cut-
ters and Butcher Workmen of North America, Locals 195 and 501,
filed with the Regional Director and with the Board Objections to
the Ballot and to the Intermediate Report. On April 11, 1939,
Harold Krieger, attorney for Retail Clerks International Protective
Association, Local 1245, filed a motion on behalf of said Local 1245
to intervene as a party to the objections previously filed. No objec-
tions were filed by any of the other parties.
UNION PREMIER FOOD STORES , INC. 289
Since no objections were filed to the results of the balloting in
so far as it affected the warehouse employees, the Board, on August
10, 1939, issued a Third Supplemental Decision and Certification of
Representatives ," finding that the warehouse employees of the Com-
panies, excluding executives, supervisory employees, and office
workers, constitute a unit appropriate for the purposes of collective
bargaining and that Storage Warehouse Employees Union, Local
18571, affiliated with the American Federation of Labor, had been
designated and selected, by a majority of the employees in said unit
as "their representative, and certifying said Local 18571 as such
representative.
Pursuant to notices theretofore duly served upon the parties, a
hearing on the Objections to the Ballot was held on August 28, 1939.
On that date the parties entered into the following stipulation : 6
Elections having been held on March 13, 14, and 15, 1939, pur-
suant to an Amended Direction of Elections issued by the Na-
tional Labor Relations Board on February 14, 1939, in the above
matter, and Objections to the Ballot and the Intermediate Report
of the Regional Director for the Fourth Region of the National
Labor Relations Board having been filed, on March 27, 1939, on
behalf of Retail Clerks International Protective Association,
Food Clerks and Managers Union, Locals 1357, 692, 584, and
1245, and Amalgamated Meat Cutters and Butcher Workmen of
North America, Locals 195 and 501, by August J. Miskell, presi-
dent of Retail Clerks International Protective Association, Food
Clerks and Managers Union, Local 1357; and thereafter on April
14, 1939, certain charges of unfair labor practices having been
filed against the companies under Section 8, subsections (1) and
(3) of the National Labor Relations Act, jointly by August J.
Miskell, president of Retail Clerks International Protective As-
sociation, Food Clerks and Managers Union, Local 1357, and
Harry Poole, Business Agent, Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 195, and the said
charges having been duly Withdrawn, and copy of said with-
drawal being hereto attached and made a part hereof: 7
614 N. L. R. B. 435.
O The stipulation is signed by the attorney for the Companies, the attorney for the
Board, and by representatives of the following labor organizations : United Retail &
Wholesale Employees of America, affiliated with the C. 1. 0.; and Amalgamated Meat
Cutters and Butcher Workmen of North America, individually and on behalf of Locals
195, 584, 501, and 162, Retail Clerks International Protective Association ; Retail Clerks
International Protective Association, Food Clerks and Managers Union, Local 185T;
Retail Clerks International Protective Association, Local 692; and Grocery and Food
Clerks Union, Local 1245, Retail Clerks International Protective Association ; all affiliated
with the A. F. of L.
4 The withdrawal request, dated August 28, 1939, and granted the same day by the
Acting Regional Director, relates to Case No. IV-C-644. It requests "the withdrawal
of the charge in the above matter, with prejudice."
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Now, therefore, the urdersigned hereby stipulate and agree
as follows :
1. A Second Amended Direction of Elections may be issued
by the Board stating that an election by secret ballot shall be
conducted as soon as possible and at such times and places as
the Board may designate among the full-time employees within
the groups described below who are employed by the companies
during the pay roll date to be designated by the Board, and the
part-time employees within the said groups who are employed
by the companies during any part of three of the four weeks
next preceding the date to be designated by the Board, excluding
executives, supervisory employees, and office workers;
(a) The meat cutters and butchers to determine whether they
desire to be represented by United Retail & Wholesale Employees
of America, affiliated with the Congress of Industrial Organiza-
tions, or Amalgamated Meat Cutters and Butcher Workmen of
North America, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither;
(b) All the remaining employees except the warehouse em-
ployees of the companies to determine whether they desire to be
represented by United Retail & Wholesale Employees of
America, affiliated with the Congress of Industrial Organiza-
tions, or Retail Clerks International Protective Association, Food
Clerks and Managers Union, affiliated with the American Feder-
ation of Labor, for the purposes of collective bargaining, or by
neither.
2. The companies agree to furnish the Board with such pay
roll lists of their employees as the Board may request.
3. The names of the respective Internationals of the labor
organizations are to appear on the ballots rather than the names
of the locals involved.
4. The conduct or results of the new elections shall not be
protested or objected to by any of the unions involved on the
basis of any alleged acts of interference, restraint, or coercion
occurring prior to the date of this stipulation, including any and
all matters contained in the Objections to the Ballot and to the
Intermediate Report of the Regional Director.
5. The companies agree to post notices in all of their stores,
reading as follows, upon issuance of the Second Amended Direc-
tion of Elections :
"Management desires all its employees to know that in the
elections to be conducted by the National Labor Relations Board,
its employees may freely vote for any labor organization they
desire, without fear of discrimination, and that management's
position is one of strict neutrality."
UNION PREMIER FOOD STORES, INC. 291
It is further agreed that this stipulation is subject to the
approval of the National Labor Relations Board.
The Board hereby approves the foregoing stipulation.
Upon the basis of the entire record in the case, and pursuant to
the foregoing stipulation, we will order elections among the full-
time employees within the groups described below who were em-
ployed by the Companies during the pay-roll period next preceding
the date of the Second Amended Direction of Elections, and the part-
time employees within the said groups who were employed by the
Companies during any part of 3 of the 4 weeks next preceding the
aforesaid' date, excluding executives, supervisory employees, office
workers, and warehouse employees :
(a) The meat cutters and butchers to determine whether they de-
sire to be represented by United Retail & Wholesale Employees of
America, affiliated with the Congress of Industrial Organizations, or
Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither;
(b) All the remaining employees of the Companies to determine
whether they desire to be represented by United Retail & Wholesale
Employees of America, affiliated with the Congress of Industrial
Organizations, or Retail Clerks International Protective Association,
Food Clerks and Managers Union, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
If a majority of the employees in either group select one of the
-organizations affiliated with the American Federation of Labor to
represent them, the employees in said group shall constitute a sep-
arate bargaining unit. If a majority of the employees in either
group or in each of the two groups accord the United a majority, all
the employees in the group 'or groups which so designate the United
shall constitute a.single bargaining unit.
SECOND AMENDED DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DI zcmn that, as part of the investigation ordered by the Board
to ascertain representatives for collective bargaining with Union
Premier Food Stores, Inc., The 'Food Fair, Inc. of Pennsylvania,
and The Food Fair, Inc., elections by secret ballot shall be conducted
within thirty (30) days from the date of this Second Amended
Direction of Elections under the direction and supervision of
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director for the Fourth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among the
full-time employees within the groups described below who were em-
ployed by the Companies during the pay-roll period next preceding
the date of this Second Amended Direction of Elections, and the
part-time employees within the said groups who were employed by
the Companies during any part of 3 of the 4 weeks next. preceding
the aforesaid date, 'excluding executives,' supervisory employees,
office workers, and warehouse employees :
(a) The meat cutters and butchers to determine whether they de-
sire to be represented by United: Retail & Wholesale Employees of
America, affiliated with the Congress of Industrial Organizations, or
Amalgamated Meat Cutters and Butcher Workmen of North
America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither;
(b) All the remaining employees to determine whether they desire
to be represented by United Retail & Wholesale Employees of
America, affiliated with the Congress of Industrial Organizations, or
Retail Clerks International Protective Association, Food Clerks and
Managers Union, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Fourth Supplemental Decision and Second Amended Direc-
tion of Elections.
SAME TITLE
AMENDMENT TO SECOND AMENDED DIRECTION OF
ELECTIONS
September 29, 19.9
On September 15, 1939, the National Labor Relations Board,
herein called the Board, issued a Fourth Supplemental Decision and
Second Amended Direction of Elections in the above-entitled pro-
ceeding, the elections to be held within thirty (30) days from the
date of the Second Amended Direction, under the direction and
supervision of the Regional Director.for the.Fourth Region (Phila-
delphia, . Pennsylvania).: The Board, having been advised by the
Acting Regional Director for the Fourth Region that a longer period
within which to .hold the elections is necessary, hereby - amends the
Second Amended Direction of Elections issued on September 15,.
1939, by striking therefrom the words "within .thirty (30) days from,
UNION PREMIER FOOD STORES, INC. 29&
the date of this Second Amended Direction of Elections" and sub-
stituting therefor the words "within fifty (50) days from the date,
of this Second Amended Direction of Elections."
MR. WILLIAM M. LEISERSON took no part in the consideration of the-
above Amendment to Second Amended Direction of Elections.
15 N. L. R. B., No. 37a.
SAME: TITLE]
SECOND AMENDMENT TO SECOND AMENDED
DIRECTION OF ELECTIONS
October 13, 1939
On September 15, 1939, the National Labor Relations Board,,
herein called the Board, issued a Fourth Supplemental Decision and
Second Amended Direction of Elections, and on September. 29,
1939, an amendment to the Direction, the elections to be held within
fifty (50) days from the date of the Second Amended Direction,,
under the direction and supervision of the Regional Director for-
the Fourth Region (Philadelphia, Pennsylvania), among certain
groups of employees employed by the Companies during the pay-
roll period next preceding the date of the Second Amended Direc-
tion. On October 6, 1939, the parties entered into a stipulation,,
providing in part as follows : I
Now, THEREFORE, it is agreed and stipulated by the under-
signed constituting all the parties, that the Board may issue a
Second Amendment to Second Amended Direction of Elections
stating that the Second Amended Direction of Elections issued'
on September 15, 1939 be amended further by striking there-
from the words, "among the full-time employees within the,
groups described below who were employed by the Companies
during the payroll period next preceding the date of this Second
Amended Direction of Elections, and the part-time employees
within the said groups who were employed by the Companies dur-
ing any part of 3 of the 4 weeks next preceding the aforesaid
date", and substituting therefor the words, "among the full-time
' The stipulation is signed by the attorney for the Companies, the attorney for the,
Board, and by representatives of the following labor organizations : United Retail & Whole-
sale Employees of America, affiliated with the C. I. 0.; and Amalgamated Meat Cutters
and Butcher Workmen of North America, individually and on behalf of Locals 195, 584,
501, and 162 ; Retail Clerks International Protective Association; Retail Clerks Interna-
tional Protective Association, Food Clerks and Managers Union, Local 1357; Retail Clerk
International Protective Association, Local 692; and Grocery and Food Clerks Union,
Local 1245, Retail Clerks International Protective Association, all affiliated with the-
A. F. of L.
199519-39-vol. 15- ---20
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees within the groups described below in the employ of
the Companies during the payroll period of October 18, 1939,
and the part-time employees within the said groups in the em-
ploy of the Companies during any part of the 3 of the 4 weeks
next preceding the aforesaid date."
It is further agreed that this stipulation is subject: to the
approval of the Board.
The Board hereby approves the foregoing stipulation and hereby
amends the Second Amended Direction of Elections issued on Sep-
tember 15, 1939, as amended, by striking therefrom the words "among
the full-time employees within the groups described below who were
employed by the Companies during the pay-roll period next pre-
ceding the date of this Second Amended Direction of Elections, and
the part-time employees within the said groups who were employed
by the Companies during any part of 3 of the 4 weeks next preceding
the aforesaid date" and substituting therefor the words "among the
full-time employees within the groups described below in the employ
of the Companies during the pay-roll period of October 18, 1939,
and the part-time employees within the said groups in the employ
of the Companies during any part of 3 of the 4 weeks next preceding
the aforesaid date."'
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Second Amendment to Second Amended Direction of
Elections.
15 N. L. R. B., No. 37b.