Big V Foods, Inc.

National Labor Relations Board - Board Decisions

Dec 29, 1978

239 N.L.R.B. 1122 (N.L.R.B. 1978)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Big Y Foods, Inc. and Retail Store Employees Union,
Local 1459, Retail Clerks International Association,
AFL-CIO,' Petitioner and Amalgamated Meat
Cutters, Food Store and Allied Workers of North
America, Local Union 33, a/w Amalgamated Meat
Cutters and Butcher Workmen of North America,
AFL-CIO, 2 Petitioner. Cases I -RC-11708 and 1-
RC-14664
December 29, 1978
ORDER AND AMENDED DIRECTION OF
ELECTIONS
BY CHAIRMAN FANNING AND MEMBERS JENKINS.
PENELLO. AND TRUESDALE
On September 29, 1978,3 the National Labor Rela-
tions Board issued a Decision and Direction of Elec-
tions in the above-entitled proceeding wherein it di-
rected that elections be conducted in two separate
voting groups. Voting group A was to consist of:
All meat department employees including head
meatcutters, meatcutters, apprentice meatcut-
ters, meat clerks, and meatwrappers at the
Employer's 11 unrepresented stores located in
the fellowing cities in the Commonwealth of
Massachusetts: Fairview, Chicopee, Northamp-
ton, Holyoke, Westfield, Agawam, Longmea-
dow, Springfield (2), Ludlow, and Palmer; but
excluding all other employees, store managers,
front-end department managers, meat depart-
ment managers, office clericals, professional em-
ployees, guards, and supervisors as defined in
the Act.
Voting group B was to encompass:
All full-time and regular part-time employees at
the Employer's 11 unrepresented stores located
in the following cities in the Commonwealth of
Massachusetts: Fairview, Chicopee, Northamp-
ton, Holyoke, Westfield, Agawam, Longmea-
dow, Springfield (2), Ludlow, and Palmer, in-
cluding all clerks, cashiers, security receivers,
i Herein referred to as Retail Clerks.
2 Herein referred to as Meat Cutters. By telegram dated October 19, 1978,
Petitioner Meat Cutters advised the Board that it had merged with Meat
Cutters Local 371 and accordingly requested that the designation "Local
371" be substituted for "Local 33" on the ballots in the elections which the
Board had directed herein in the earlier proceeding (see infra for details). By
mailgram dated November 10, 1978, the Employer indicated that it had no
opposition to this change of designation. Retail Clerks has filed no formal
response to Meat Cutters request. Upon due consideration, the Meat Cut-
ters request is hereby granted and Local 371 will be named on the ba;lot in
unit A below.
1238 NLRB No. 114 (1978).
and bookkeepers; but excluding all head meat-
cutters, meatcutters, apprentice meatcutters,
meat clerks, and meatwrappers, store managers,
front-end department managers, meat depart-
ment managers, and all other supervisors, office
clerical employees, professional employees,
guards, and supervisors as defined in the Act.
The Board directed that the employees in voting
group A should vote whether they desire to be repre-
sented by Meat Cutters, Retail Clerks, or no union;
employees in voting group B were to vote whether or
not they desired to be represented by Retail Clerks.
Appropriate instructions were also provided for the
pooling of ballots in the event that a majority of the
employees in voti lg group A did not vote for sepa-
rate representation by Meat Cutters. Thereafter, on
November 7, 1978, Retail Clerks filed with the Board
a Motion to Amend Direction of Elections in which
it requested that its name be withdrawn from the bal-
lot in voting group A and that separate elections be
conducted in the two units.4 On November 13, 1978,
the Employer filed an objection to that motion to
preserve its position that only a storewide unit is ap-
propriate.
ORDER
It is hereby ordered that the motion of Retail
Clerks to withdraw from the directed election involv-
ing voting group A and to amend the Direction of
Election be, and it hereby is, granted.
IT IS FURTHER ORDERED that the Regional Director
for Region I shall conduct separate elections in the
following appropriate units: 5
Unit A: All meat department employees includ-
ing head meatcutters, meatcutters, apprentice
meatcutters, meat clerks, and meatwrappers at
the Employer's 11 unrepresented stores located
in the following cities in the Commonwealth of
Massachusetts: Fairview, Chicopee, Northamp-
ton, Holyoke, Westfield, Agawam, Longmea-
dow, Springfield (2), Ludlow, and Palmer; but
excluding all other employees, store managers,
front-end department managers, meat depart-
ment managers, office clericals, professional em-
ployees, guards, and supervisors as defined in
the Act.
The employees in the unit shall vote whether or not
they desire to be represented by Amalgamated Meat
Cutters, Food Store & Allied Workers of North
4Retail Clerks indicated that Meat Cutters agreed with this motion.
We note that in our initial decision we found that each of the units set
forth infra constituted a separate appropriate unit. See, e.g.. Luoma's Foods,
Inc, d ' a Valu King. 206 NLRB 1 (1973).
1122
BIG Y FOODS, INC.
America, Local 371, a/w Amalgamated Meat Cutters
and Butcher Workmen of North America, AFL-
CIO, for purposes of collective bargaining.
Unit B: All full-time and regular part-time em-
ployees at the Employer's 11 unrepresented
stores located in the following cities in the Com-
monwealth of Massachusetts: Fairview, Chico-
pee, Northampton, Holyoke, Westfield, Aga-
wam, Longmeadow, Springfield (2), Ludlow,
and Palmer, including all clerks, cashiers, securi-
ty receivers, and bookkeepers; but excluding all
head meatcutters, meatcutters, apprentice meat-
cutters, meat clerks, and meatwrappers, store
managers, front-end department managers,
meat department managers, and all other super-
visors, office clerical employees, professional
employees, guards, and supervisors as defined in
the Act.
The employees in this unit shall vote whether or not
they wish to be represented by Retail Store Employ-
ees Union, Local 1459, Retail Clerks International
Association, AFL-CIO, for purposes of collective
bargaining.
[Amended Direction of Elections and Excelsior
footnote omitted from publication.]
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