Walgreen Co. of New York, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1953

106 N.L.R.B. 1221 (N.L.R.B. 1953)

WALGREEN CO. OF NEW YORK, INC 1221
standards were met.' Accordingly, we shall set aside the
results of the election held on July 23, 1953, and direct a new
election.
[The Board set aside the election held on July 23, 1953.]
[Text of Direction of Second Election omitted from publica-
tion.]
Member Murdock took no part in the consideration of the
above Supplemental Decision, Order, and Direction of Second
Election.
2 See Angelus Chevrolet Co., 90 NLRB 1142.
WALGREEN CO. OF NEW YORK, INC. and RETAIL DRUG
EMPLOYEES UNION, LOCAL 1199, DPOWA-CIO, Peti-
tioner. Case No. Z-RC-6022. September 30, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Max Dauber,
hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby af-
firmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The Petitioner and Local 11, Chain Service Restaurant
Employees , affiliated with the Hotel, Restaurant and Bar-
tenders International Union, AFL, the Intervenor herein, claim
to represent certain employees of the Employer. The Petitioner
and the Intervenor exist for the purpose of engaging in collective
bargaining with employees regarding wages, hours , and other
conditions of employment. We find that they are labor organi-
zations as defined in the Act.'
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit consisting of all employees
in the Employer's Levittown, New York, store, including
fountain employees , drug department employees , regular
part-time employees, and cashiers, but excluding window
trimmers , bookkeepers , casual part -time employees, pharma-
cists , fountain supervisor , and all other supervisors as defined
in the Act. There is no history of collective bargaining for this
store. The Employer, which has a contract with the Intervenor
'Balboa Pacific Corporation , 88 NLRB 1505.
106 NLRB No. 205.
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as the certified bargaining agent for all similarly classified
employees in the Employer's New York City stores,' moves
the dismissal of the petition on the grounds that: (1) The
employees sought by the Petitioner do not constitute an ap-
propriate unit and should be included in the above multistore
unit; and (2) the selection of the Petitioner as the Levittown
representative would have "a very harmful effect" on the
operation of the 12 New York City stores.
As already indicated, the earlier proceeding involved only
the stores located in New York City. Records of these stores
as well as the one at Levittown, which is about 40 miles
distant, are kept in the Employer's main office in New York
City. All the stores are serviced by a central commissary and
the Employer's advertising in New York City newspapers in-
cludes Levittown. While each store has its own manager, they
are all under the supervision of the district manager . Although
employees at Levittown do not have the same paid holidays
as those provided in the New York City contract, they do have
the same working hours , participate in the same pension plan,
and are generally granted the same benefits as the Employer's
New York City employees . Two supervisors have been trans-
ferred to the Levittown store since it opened in April 1950,
but there has been no interchange of employees.
It appears from the foregoing that the Levittown store is to
some extent integrated with the New York City stores and that
central control is exercised in connection with the distribution
of merchandise, supervision, labor policy, and benefits. Thus
there are certain factors which would support the addition of
the Levittown employees to the multistore unit represented by
the Intervenor. On the other hand, the Levittown store has
separate immediate supervision and there is no interchange
of employees with the New York City stores. Moreover,
Levittown employees have not heretofore been represented
and thus constitute a residual group which we would establish
as a separate unit, without regard to other factors, so as not
to deny them the opportunity of obtaining the benefits of col-
lective bargaining , if they so desire.' For these reasons, the
Employer ' s motion to dismiss the petition is denied.
We shall direct an election among all employees in the
Employer's Levittown, New York City, store, including fountain
employees , drug department employees , regular part-time
employees , and cashiers , but excluding window trimmers,
bookkeepers , casual part - time employees , pharmacists, foun-
tain supervisor , and all other supervisors as defined in the
Act. If a majority vote for the Intervenor, they will be taken
to have indicated their desire to be included in the unit now
represented by the Intervenor, and the Regional Director
conducting the election directed herein is instructed to issue
2 Walgreen Co. of New York, Inc., 97 NLRB 1101. January 1952.
3Central Mercedita , Inc., 100 NLRB 1168; The Kroger Company, 93 NLRB 274 Cf. Frank
G Shattuck Company, 106 NLRB 838.
PASCO PACKING CO. 1223
a certification of results of election to such effect . In the event
a majority vote for the Petitioner , they will be taken to have
indicated their desire to constitute a separate appropriate
unit, . which the Board under these circumstances finds appro-
priate, and the Regional Director is instructed to issue a
certification of representatives to the Petitioner.
[Text of Direction of Election omitted from publication.]
PASCO PACKING CO. and TEAMSTERS, CHAUFFEURS &
HELPERS, LOCAL UNION NO. 79 , Petitioner
PASCO PACKING. CO. and AMERICAN FEDERATION OF
LABOR, Petitioner . Cases Nos . 10-RC-2406 and 10-RC-
2413. September 30, 1953
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon petitions duly filed under Section 9 (c) of the National
Labor Relations Act, a consolidated hearing was held before
John C. Carey, Jr., hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error
and are hereby affirmed.'
Upon the entire record in these cases , the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The labor organizations z involved claim to represent
employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 ( 6) and (7) of the Act in
Case No. 10 - RC-2406.
No question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of
Section 9 ( c) (1) and Section 2 (6) and ( 7) of the Act in Case
No. 10-RC-2413 , for the following reasons:
The Teamsters , Petitioner in Case No. 10-RC-2046, seeks
to sever all truckdrivers and truck maintenance employees
from the existing production and maintenance unit, for which
'At the hearing a group of the Employer 's truckdrivers sought to intervene for the purpose
of introducing evidence to show that they had withdrawn their previous authorization of the
Teamsters to represent them . We affirm the hearing officer's ruling denying intervention to
this group of employees who did not purport to be, or to function as, a collective - bargaining
representative. The question of representation is the precise issue in this proceeding, and
we are of the opinion thatitcanbest be resolved by means of the election hereinafter directed.
W. C. Nabors Company, 79 NLRB 40 . Moreover , the evidence sought to be introduced by this
group of employees relates to the adequacy of the Teamsters ' showing of interest which is an
administrative matter not litigable at the hearing . E. C. Williams , 88 NLRB 620.
2 Local 43, Distributive , Processing and Office Workers of America , CIO, was permitted
to intervene on the basis of its contractual interest.
106 NLRB No. 194.