Worth Food Markets

National Labor Relations Board - Board Decisions

Jun 19, 1953

105 N.L.R.B. 682 (N.L.R.B. 1953)

682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record , the Board finds that a unit of all
employees employed at the H. W. Rickel and Company's Detroit,
Michigan , plant , including the yardmen , but excluding office
clerical employees , plant clerical employees , professional
employees , guards, and all supervisors as defined in the Act,
is appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
[The Board thereupon dismissed the petition , without preju-
dice, with respect to the employees of Froedtert Grain & Malt-
ing Company, Inc.]
WORTH FOOD MARKET STORES, INC . d/b/a WORTH FOOD
MARKETS and AMALGAMATED MEAT CUTTERS AND
BUTCHER WORKMEN OF NORTH AMERICA, LOCAL NO.
570, A. F. L., Petitioner . Case No . 16-RC-1142 . June 19,
1953
SECOND SUPPLEMENTAL DECISION
and
SECOND DIRECTION OF ELECTION
On March 3 , 1953, the Board issued aSupplemental Decision
and Order,' in the above-entitled proceeding , in which it
ordered the election set aside , remanded this proceeding to the
Regional Director of the Sixteenth Region for the purpose of
reopening the record , and ordered that a further hearing be
held for the sole purpose of receiving evidence concerning the
supervisory status of the meat department managers.
On April 27 , 1953, all of the parties entered into a stipulation,
hereby made a part of the record in this proceeding, which
(1) waived a notice of further hearing, ( 2) waived a further
hearing, and (3) stipulated that the record in Worth Food
Markets, 16 -RC-1199,2, be made a part of the record herein.
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-member panel [ Members
Houston, Murdock, and Styles].
In accordance with the stipulation of the parties, and on the
basis of the entire record in this case , the Board makes the
following findings.
In its original decision in this proceeding the Board found,
in accordance with the stipulation of the parties , that a unit of
all meat market employees was appropriate . Thereafter, a
question arose as to the supervisory status of the meat market
managers, who were included in the unit as "head retail
salesmen." The Petitioner would now exclude as supervisors,
whereas the Employer would include, the meat market man-
agers.
1103 NLRB 259.
2Not reported in the printed volumes of Board Decisions.
105 NLRB No 91.
WORTH FOOD MARKETS 683
The record reveals that there are approximately 115 meat
department employees , including 9 part -time employees,
employed in the Employer ' s 20 stores . One grocery depart-
ment and one meat department manager are employed in each
store . They in turn are responsible to 2 "supervisors" each
of whom is responsible for 10 stores which he attempts to
visit daily to see to it that company policy is followed.
Although the meat department managers wait on customers
like the other retail meat salesmen , they are in charge of, and
are immediately responsible for, the operations of the meat
markets . In the performance of their duties , they instruct new
employees , see that the meat is ordered and that it is properly
displayed , see that satisfactory relations are maintained with
the customers , and report any irregularities and infractions
of company policy to their " supervisor ." They also take
charge of the grocery department employees , of which there
are about 318 including 121 regular part -time and extra part-
time employees , in the absence of the grocery department
managers, and vice versa . The meat market department
managers do not have the power to hire or discharge, nor does
it appear that they can effectively recommend the hiring,
discharging , or disciplining of employees. It is admitted,
however , that they can give permission for time off without
consulting higher authority . In addition , together with the
grocery department managers, they sign vouchers and pay the
employees from the receipts each Saturday night . Moreover,
together with the grocery department managers, they attend
special management meetings, are paid top salaries in the
stores, and share 25 percent of the store ' s total profits
amounting to about $4 , 000 additional compensation a year.
In view of the foregoing , and on the basis of the entire record,
we conclude that the meat department managers exercise
responsible direction over the employees within their depart-
ment. We find , therefore , that they are supervisors within the
meaning of the Act,3 and shall exclude them from the unit.
Accordingly , we amend the unit finding of our original
Decision and Direction of Election to read as follo'Ws:
All meat market employees of the Employer ' s Greater Fort
Worth, Texas , stores, excluding all part -time employees,
office and clerical employees , guards and watchmen, profes-
sional employees, the meat market managers, and all other
supervisors as defined in the Act , constitute a unit appropriate
for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
In our Supplemental Decision of March 3, 1953, we ordered
that the election which had been conducted be set aside. We
now direct that a new election be conducted.
[Text of Second Direction of Election omitted from publi-
cation.]
3 National Food Corporation, 88 NLRB 1500; cf. The Cincinnati Steel Casting Company, 86
NLRB 592; National Tea Co., 89 NLRB 1239; but cf. Theriot Super Food Market, Inc , 101
NLRB 259.