First National Stores, Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1944

56 N.L.R.B. 1870 (N.L.R.B. 1944)

In the Matter of FIRST NATIONAL STORES, INC. (HARTFORD DIVISION)
and AMALGAMATED MEAT CUTTERS AND Brn cm b WORKMEN OF NORTH
AMERICA, LOCAL 217 (A. F. L.)
In the Matter of FIRST NATIONAL STORES, INC. (HARTFORD DIVISION)
and UNITED FOOD WORKERS UNION
Cases Nos. 1-R-1835 and 1-R-1854 respectively .-Decided
June 30, 1944
Mr. Edmund J. Blake, of Boston, Mass., for the Company.
Mr. Philip J. Guest, of Boston, Mass., and Mr. Harold Strauch, of
Hartford,, "Conn., for the Amalgamated.
Mr. Edwin M. Ryan, of Hartford, Conn., and Mr. Joseph Lombard,
of Wethersfield, Conn., for the United.
Mrs. Catherine TV. Goldman, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 217 (A. F. L.), herein
called Local 217, (Case No. 1-R-1835), and by United Food Workers
Union, herein called the United, (Case No. 1-R-1854), alleging that
questions affecting commerce had arisen concerning the representation
of employees of First National Stores, Inc. (Hartford Division),
Somerville, Massachusetts, herein called the Company, the National
Labor RBlations Board provided for an appropriate consolidated
hearing upon due notice, before Leo J. Halloran, Trial Examiner.
Said hearing was held at Hartford, Connecticut, on May 9, 1944. At
the hearing the Trial Examiner granted the motion of Amalgamated
Meat Cutters and Butcher Workmen of North America, Local 371
(A. F. L.), herein called Local 371, to intervene in the consolidated
proceeding. Local 217 was also permitted to intervene in Case No.
1-R-1854; and the United, in Case No. 1-R-1835. The Company, the
United, Local 217 and Local 371, appeared and participated. All
G6 N. L . R. B.. No. 2.Yr.
1970
FIRST NATIONAL STORES, INC. 1871
parties were afforded full opportunity, to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file. briefs with the Board.
Upon the,entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
First National Stores, Inc., a Massachusetts corporation with its
principal offices in Somerville, Massachusetts, is engaged in the oper-
ation of retail grocery and provision stores in Massachusetts, New
Hampshire, Vermont, Maine, Rhode Island, Connecticut, and New
York. It operates about 1500 retail stores, and maintains 5 ware-
houses and 3 bakeries, which service and supply the stores. The stores
involved in this proceeding are managed and serviced from the Com-
pany's office and warehouse at East Hartford, Connecticut. The an-
nual ,purchases and sales of the Company exceed $100,000 in value.
Approximately 50 percent of its goods is received from outside the
State of Connecticut. ,
The Company admits that it is engaged- in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Amalgamated Meat Cutt ers and Butcher Workmen of North Amer-
lea, Locals 217 and 371, affiliated with the American Federation of
Labor, are labor organizations admitting to membership employees
of the Company.
United Food Workers Union is an unaffiliated labor organization
admitting to membership employees,of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On April 10, 1941, the Company and Local 371- entered into an ex-
cl;sive bargaining contract covering employees in the Company's re-
tail stores in the vicinity of Hartford, Connecticut. Thus contractwas
to be effective from April 14, 1941, for a period of 2 years, and there-
after in the absence of 30 days' notice of-a desire to amend or fermi
nate the contract. An amendment, which continued the contract! for
a period of 1 year beginning April 13, 1943, and ending April 12, 1944,
was executed on May 26, 1943.E On February 10, 1944, the United
notified the Company by letter that its employees, who had formerly
been members 'of Local 371, had''athliated with the United; and that the
' It is the position of the Amalgamated that zne amendment carried with it the automatic
renewal clause of the contract. '
1872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United desired to negotiate an agreement covering them. This claim
of representation was again presented by the United on March 9,
1944. On the,same date, Local 371 notified the Company of its desire
to negotiate concerning wages and conditions of employment to be
effective from April 12, 1944, embracing the same territory covered by
the existing contract, less three towns for which Local 217 had been
chartered.2 Thereafter, on March 16, 1944, Local, 217 filed its petition
in Case No: 1-R-1835; and on March 28, 1944, the United filed its
petition in Case No. 1-R-1854.
The Amalgamated contends in its brief that the contract between
the Company and Local 371 has been automatically, renewed for a
period of 1 year, subject to amendments io be developed by negotia-
tions in accordance with the letter of March 9, 1944, and that the con-
tract constitutes a bar to this proceeding. We are of the opinion,
however, that the presentation, prior to the automatic renewal date,
of the United's claim of representation on February 10, 1944, and again
on March 9, 1944, as well as the letter of Local 371 on March 9, 1944,
effectively precluded the automatic renewal of the contract. - Ac-
cordingly, we find that the contract does not bar a present determi-
nation of representatives.
A statement of a Board agent, introduced into evidence at the.hear-
ing, indicates that the United represents a substantial number of em-
ployees in the unit hereinafter found appropriate in Case No. ' 1-R-
1854.3
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In Case No. 1-R-1854, the United requests a unit covering all em-
ployees in the Company's Connecticut stores at Berlin, Bristol, Chesh-
ire, Collinsville, Cromwell, East Hartford, Elmwood, Farmington,
Forestville, Glastonbury, Hartford, Kensington, Manchester, Meri-
den, Middletown, New Britain, Newington, Plainsville,,Poquonock,
Portland, Rockville, Rocky Hill, Simsbury, Suilleld, Thompsonville,
Unionville, Wallingford, West Hartford, Wethersfield, Windsor,,and
2 Local 217 was chartered by the Amalgamated for the towns of Cheshire , Meriden, and
Wallingford, Connecticut, in November 1943
2 The Field Examiner reported that the United submitted 397 application cards ; that
the names of 310 persons appearing on the cards were listed on the Company ' s pay roll
of March 25 , 1944 ; that there are 812 employees in the unit requested by the United ; and
that the cards were dated as follows* 323 in February 1944, 73 in March 1944, and 1
undated
The Field Examiner also reported that Local 217 submitted 48 application cards in the'
unit of 86 employees which it contends is appropriate ; that the names of 43 persons
appearing on the cards were listed on the Company 's pay roll of March 25 , 1944 ; and that
the cards were dated as follows : 1 in January 1944 , 41 in February 1944, and 6 undated.
Local 371 relies upon its contract to establish its interest in the proceeding
FIRST NATIONAL STORES, INC. 1873
Windsor Locks. In Case No. 1-R-1835, Local 217 requests a "unit con-
fined to the employees in the Company's stores at Cheshire, Meriden,
and Wallingford., Local 371, requests a unit corresponding to that re-
quested by the United less the employees in the unit requested by Local
217. The labor organizations are` agreed that part-time employees
should be included, and supervisors, superintendents, order boys, and
bakery department employees, should be excluded,from the unit found
appropriate. The Company takes no position as to the scope of the
unit. ,
TheE towns requested by the United' comprise a substantial' part of
the State of Connecticut. They are located in the Company's Hart-
ford Division and represent all the stores that have been organized in
that division. The entire bargaining history in the Hartford Division
has been upon the basis of the larger unit sought by the United, and,
as indicated above, contracts between the Company and Local 371, cov-
ering such a.unit, have been in existence since 1941. The stores in the
three towns requested- by Local 217 are not located in any definable
geographic area; nor does the record reveal any other persuasive
reason for their separation from the unit in which they have been in-
cluded under past bargaining contracts. In view of the foregoing,
we are of the opinion that a unit limited to the employees of the Com-
pany's stores at Cheshire, Meriden, and Wallingford, is inappropriate.
Accordingly, we shall dismiss the petition of Local 217 in Case
1-R-1835.
We find, in Case No. 1-R-1854, that all employees in the Company's
Connecticut stores at Berlin, Bristol, Cheshire, Collinsville, Cromwell,
East Hartford, Elmwood, Farmington, Forestville, Glastonbury,
Hartford, Kensington, Manchester, Meriden, Middletown, New Brit-
6n, Newington; "Plainsville, Poquonock, Portland, Rockville, Rocky
Hill, Simsbury, Suffield, Thompsonville, Unionville, Wallingford,
West Hartford, Wethersfield, Windsor, and Windsor Locks, including
part-time workers, but excluding order boys, bakery department em=
ployees, supervisors, superintendents, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate-for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate, unit who were employed during -the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
1874 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD -
, The Amalgamated has requested that, in the event the Board should
find inappropriate the units ' requested by Locals 217 and 371, and
should direct an election in the larger unit requested by the United,
the Amalgamated be accorded a place on the ballot without local'
number designations . The-request is hereby granted.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section' 9 (c) of the National Labor Relations Ac
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations=Series 3, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with First National
Stores, Inc. (Hartford Division ), Somerville , Massachusetts , an elec-
tion by secret ballot shall be conducted as early as possible ,"but not
later,than thirty (30) days from the date of this Direction, under the
direction and, supervision of the Regional Director for the First
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11 , of said
Rules and Regulations , among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off , and including employees
in the armed forces of the United States n ho present themselves in
person at the polls, but excluding those employees who have since
quit or been discharged for cause and have not been rehired 'or rein-
stated prior to the date of the election, to determine whether they'
desire to be represented' by United Food Workers Union, or by
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.
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, , the National Labor Relations , Board hereby orders
that the petition for investigation and certification of representatives
of employees of First National Stores , Inc._ (Hartford Division),
Somerville , Massachusetts , filed by Amalgamated Meat Cutters and
Butcher Workmen of North America, Local 217 (A. F. L.), Case No.,
1-R-1835, be , and'it hereby, is dismissed.
MR, GERARD D. REILLY took no part in the consideration of the above
Decision , Direction of Election and Order.