Union Premier Food Stores, Inc.

National Labor Relations Board - Board Decisions

Nov 24, 1939

17 N.L.R.B. 1000 (N.L.R.B. 1939)

In the Matter of UNION PREMIER FOOD STORES, INC., A PENNSYLVANIA
CORPORATION; TILE FOOD FAIR, INC. OF PENNSYLVANIA, A PENNSYL-
VANIA CORPORATION; THE FOOD FAIR, INC., A NEW JERSEY COR-
PORATION and UNITED RETAIL & WHOLESALE EMPLOYEES OF AMERICA,
AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-859
FIFTH SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 24,1939
On September 15, 1939, the National Labor Relations Board, herein
called the Board, issued a Fourth Supplemental Decision and Second
Amended Direction of Elections in the above-entitled proceedings.'
On September 29, 1939, the Board issued an Amendment 2 and on
October 13, 1939, a Second Amendment ,3 to the Second Amended
Direction of Elections. Pursuant to the Second Amended Direction
of Elections, as amended, elections by secret ballot were conducted
on October 30, 31, and November 1, 1939, under the direction and super-
vision of the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania). On November 9, 1939, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, issued and duly served upon the
parties an Election Report.
The Regional Director reported the following results of the secret
ballot :
MEAT GUTTERS AND BUTCHERS
Total eligible voters--------------------------------------- 293
Total ballots counted-------------------------------------- 230
Total number of votes for United Retail & Wholesale Em-
ployees of America--------------------------------------- 7
Total number of votes for Amalgamated Meat Cutters and
Butcher Workmen of North America---------------------- 215
1 15 N. L . R. B. 287.
215 N. L. R . B. 292.
2 15 N . L. R. B. 293.
17 N. L. R. B., No. 95.
1000
UNION PREMIER FOOD STORES , INCORPORATED 1001
Total number of votes for neither-------------------------- 8
Total number of blank ballots----------------------------- 0
Total number of void ballots------------------------------- 0
Total number of challenged ballots-------------------------- 0
ALL OTHERS
Total eligible voters--------------------------------------- 1,594
Total ballots counted-------------------------------------- 1,140
'Total number of votes for United Retail & Wholesale Em-
ployees of America-------------------------------------- 174
Total number of votes for Retail Clerks' International Pro-
tective Association, Food Clerks' & Managers' Union-------- 878
Total number of votes for neither-------------------------- 85
Total number of blank ballots------------------------------ 1
Total number of void ballots------------------------------- 2
Total number of challenged ballots-------------------------- 12
No objections to the conduct of the ballot or to the Election Report
have been filed by any of the parties.
In the Fourth Supplemental Decision and Second Amended Di-
rection of Elections, the Board made no final determination as to the
:appropriate unit or units. The Board there stated: "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 separate 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."
Upon the basis of the entire record in the case, the Board makes
the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that the meat cutters and butchers employed by the Com-
panies, excluding executives, supervisory employees, office workers,
and warehouse employees, constitute a unit appropriate for the pur-
poses of collective bargaining, and that said unit will insure to em-
ployees of the Companies the full benefit of their right to self-organ-
ization and to collective bargaining and otherwise will effectuate the
policies of the Act.
We find that all the remaining employees of the Companies, ex-
eluding meat cutters and butchers, executives, supervisory employees,
office workers, and warehouse employees, constitute a unit appropriate
for the purposes of collective bargaining, and that said unit will in-
sure to employees the full benefit of their right to self-organization
and to collective bargaining, and otherwise will effectuate the policies
of the Act.
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The meat cutters and butchers employed by Union Premier Food
Stores, Inc., The Food Fair, Inc. of Pennsylvania, and The Food
Fair, Inc., excluding executives,. supervisory employees, office workers,
and warehouse employees, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
2. All the remaining employees of Union Premier Food Stores,
Inc. The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc.,
excluding meat cutters and butchers, executives, supervisory em-
ployees, office workers, and warehouse employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that Amalgamated Meat Cutters and
Butcher. Workmen of North America, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of the meat cutters and butchers of Union Premier Food Stores, Inc.,
The Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., ex-
cluding executives, supervisory employees, office workers, and ware-
house employees, as their representative for the purposes of collective
bargaining and that, pursuant to Section 9 (a) of the Act, Amalga-
mated Meat Cutters and Butcher Workmen of North America, affili-
ated with the American Federation of Labor, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment; and
IT IS HEREBY. CERTIFIED that Retail Clerks International Protective
Association, Food Clerks and Managers Union, affiliated with the
American Federation of Labor, has been designated and selected by
a majority of the employees of Union Premier Food Stores, Inc., The
Food Fair, Inc. of Pennsylvania, and The Food Fair, Inc., excluding
meat cutters and butchers, executives, supervisory employees, office
workers, and warehouse employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a),
UNION PREMIER FOOD STORES, INCORPORATED 1003
of the Act, Retail Clerks International' Protective Association, Food
Clerks and Managers Union, affiliated with the American Federation
of Labor, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment,. and other conditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Fifth Supplemental Decision and Certification of
Representatives..