Walgreen Co.

National Labor Relations Board - Board Decisions

Oct 9, 1939

15 N.L.R.B. 980 (N.L.R.B. 1939)

III the Matter Of WALGREEN C0.1 and WHOLESALE AND CHAIN DRUG
WAREHOUSE EMPLOYEES UNION, LOCAL 21704
Case No. R-1362.-Decided October 9, 1939
Warehousing and Candy Manufacturing Industries-Investigation of Repre-
sentatives : question concerning representation : refusal of Company to recognize
petitioning union as exclusive bargaining agency of unit claimed to be ap-
propriate by the union; .oral contract between Company and rival union, of no
definite duration , no bar to petition for investigation-Unit, Appropriate for
Collective Bargaining : past bargaining on behalf of all employees ; clerical
employees , and other employees in the warehouse division who are eligible to
other unions affiliated with same parent body as petitioning union , may properly
be included in single unit with other employees in warehouse division; em-
ployees in warehouse division held sufficiently distinct from employees in candy-
manufacturing division to constitute a separate unit ; determining factor is
desire of employees in warehouse division ; elections to determine-Elections
Ordered: among employees in warehouse division, and among employees in
candy-manufacturing division.
Mr. Hyman A. Schulson, for the Board.
Mr. George E. Arthur, by Mr. Julian A. Tishler, and Mr. Aaron N.
Libman, of Chicago, Ill., for the Company.
Mr. Joseph M. Jacobs, Mr. Archie L. Berman, and Mr. Harry U.
Bernstein, of Chicago, Ill., for Local 21704.
Mr. Thomas Mason and Mr. Leo J. Hassenauer, of Chicago, Ill., for
the Association.
Mr. Louis A. Roland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 11, 1939, Wholesale and Chain Drug Warehouse Em-
ployees Union, Local 21704, herein called Local 21704, filed with the
Regional Director for the Thirteenth Region (Chicago, Illinois) a
petition and on March 22, 1939, an amended petition, both petitions
alleging that a question affecting commerce had arisen concerning the
'Improperly designated in the pleadings as "Walgreen Drug Stores ." At the hearing
the pleadings were amended to designate the Company correctly.
15 N. L. R. B., No. 109.
980
-- WALGREEN CO. 981
representation of employees of Walgreen Co., Chicago, Illinois, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On March -7, 1939,
the National Labor Relations Board, herein called the Board, acting.
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On March 23, 1939, the Regional Director issued a notice of hearing,
and on March 27, 1939, and again on March 31, 1939, notices of
postponement of hearing. Copies of each of these notices were duly
served upon the Company, Local 21704, and upon Chicago Drug
Workers Association, Inc., herein called the Association, a labor
organization claiming to represent employees directly affected by the
investigation. .
Pursuant to the notices, a hearing was held on April 18, 19, 20, 21,
22, 24, 25, 26, and 27, 1939, at Chicago, Illinois, before P. H. McNally,
the Trial Examiner duly designated by the Board. The Board, the
Company, Local 21704, and the Association were represented by
counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. After the
hearing, briefs were filed with the Board by the Company, Local
21704, and the Association. Pursuant to notice a hearing was held
before the Board at Washington, D. C., on September 19, 1939, for the
purpose of oral argument. The Company, Local 21704, and the As-
sociation appeared by counsel and all participated in the oral argu-
ment. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Walgreen Co. is an Illinois corporation with its principal offices in
Chicago, Illinois. It owns and controls about 22 subsidiary corpora-
tions and itself operates 297 drug stores in various States of the
United States, 81 of which are located outside Illinois, and 3 ware-
houses, 2 of which ' are .-located outside Illinois. The only plant
affected by this proceeding is the Company's Chicago warehouse.
199549-39-vol. 15-63
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Chicago warehouse has a warehouse division and a candy
division. In the- warehouse division, the Company is engaged in
warehousing activities complementary to the general business of retail
drug stores, including the receiving,- storing, packing, repacking, and
shipping of drug products, cosmetics, tobacco products, fountain
equipment and supplies, electrical-- goods, and related products. In
the candy division, candy, fountain syrups, and jellies are manu-
factured.
During the year 1938 the value of the raw materials, products, and
equipment purchased by the Company for its Chicago warehouse
totaled approximately $18,000,000, about 84 per cent of which repre-
sented raw materials, products, and equipment shipped to the ware-
house from sources outside Illinois. During the same period, the
Company shipped from its Chicago warehouse to points outside
Illinois products equal in value to about $6,800,000, or approximately
35.8 per cent of its total shipments of products which had been stored,
packed, or manufactured at this warehouse. Products manufactured
at the Chicago warehouse are sold and shipped to, 999 customers lo-
cated outside Illinois.
In January 1939 approximately 500 non-supervisory employees
were listed on the pay rolls of the Chicago warehouse.
II. THE ORGANIZATIONS INVOLVED
Wholesale and Chain Drug Warehouse Employees Union, Local.
21704, is a labor organization affiliated with the American Federation
of Labor. It admits to its membership employees of the Company's
Chicago warehouse engaged in general warehousing operations, ex-
cluding supervisory and clerical employees, watchmen, and employees
eligible to membership in other labor organizations affiliated with the
American. Federation of Labor.
Chicago Drug Workers Association, Inc., is an unaffiliated labor
organization admitting to its membership all, employees of the Com-
pany's 1hicago warehouse, excluding supervisory employees, watch-
men, and employees in the personnel department.
III. THE QUESTION CONCERNING REPRESENTATION.
Beginning in the spring of 1937 and until the time of the hearing,
the Association has bargained collectively with the Company on be-
half of the Company's employees of both divisions of the Chicago,
warehouse. No written contract, however, has,:ever been entered into-
between the parties and there is dispute as to whether the Company
orally agreed to recognize the Association as.the exclusive bargain-
ing agent for all the employees or as the bargaining agent for its
members only. In any event, no duration of time was specified for
WALGREEN CO. 983
the continuance of the verbal agreement. This agreement is not, nor
does the Company or the Association claim it to, be, a bar to a peti-
tion for investigation and certification of representatives.
In December 1938 Local 21704, claiming to represent a majority of
employees in its proposed bargaining unit, requested bargaining con-
ferences with the Company. After several conferences had been held,
the Company finally refused, in January 1939, to recognize Local
21704 as the exclusive bargaining representative of employees in
specified departments because of disagreement over the appropriate
unit. In an "answer" filed with the Board, the Company admits that
it refuses to recognize Local 21704 as the sole bargaining representa-
tive of employees in the unit proposed by it. '
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described. in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company's Chicago warehouse is housed in a large two-story
building. About one-fourth to one-third of the area of the first floor
is occupied by the candy-manufacturing division. The rest of the
building is occupied by various departments of the warehouse divi-
sion, devoted to warehousing operations.
At the hearing, Local 21704, the Association, and the Company
stipulated that employees in the personnel department, watchmen,
and supervisory employees should be excluded from any unit found
to be appropriate by the Board. We see no reason to depart from
the stipulation in this respect.
Both the Association and the Company claim that all the remaining
employees in the Chicago warehouse constitute a single appropriate
bargaining unit. Local 21704, on the other hand, contends, in gen-
eral, that the receiving, shipping, packing, and order-filling' employees
of-the warehouse division alone constitute an appropriate unit. Local
21704 desires to exclude all employees in the candy division, clerical
employees, and maintenance and service employees in the warehouse
division who are eligible to membership in other unions affiliated
with the American Federation of Labor.
984, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Until the time of the hearing employees in. all divisions and depart-.
ments of the warehouse have been represented by the Association
in collective. bargaining with the Company. Since its formation in
the spring of 1937, the Association, through its grievance committee,
has conferred with the Company on at least 25 occasions and has, as a
result of its bargaining, secured a seniority agreement, increases of
salary in about 30 individual cases, minimum wage scales in various
departments, compensation for overtime by reduction in the number.
of hours required in the ensuing 2-week period, and physical changes
in the plant.
Clerical employees. Local 21704 desires to exclude from any unit
in the warehouse division, all employees properly classifiable as cleri-
cal, for the reasons that they are not eligible to membership in Local
21704 and their interests differ from those of the other employees.
On this basis Local 21704 would exclude all employees in the stock-
room billing, stockroom inventory, stockroom office, and scanners and
full-writers departments, as well as those employees in other depart-
ments of the warehouse division who are essentially clerical, such as
pricers, clerks of various sorts, stenographers, typists, comptometer
operators, card pickers, and card punchers. The record, however,
discloses considerations which persuade us to the view, more in accord
with that of the Association and the Company, that all these clerical
employees may appropriately be included in a single bargaining unit
with the larger group of employees in the warehouse division.2
At the outset it should be noted that the clerical employees cannot
be differentiated from the employees included in the unit proposed
by Local 21704 with respect to wages, hours, or working conditions.
Although clerical employees are paid on a salary basis, some of the
employees in the proposed unit of Local 21704 are likewise paid on
a salary basis; nor is there any marked difference in the amount, as
distinguished from the manner of computation, of compensation.
The vast majority of employees, both clerical and otherwise, work
a uniform number of hours, under uniform physical conditions of
employment.
The functions of the clerical employees are, moreover, intimately
related to the functions of the other employees engaged in warehous-
ing operations, and there is frequently an overlapping of functions.
Thus the pricers in various departments of the warehouse division,
charged with the duty of pricing all items in orders filled by the ware-
house, work in close cooperation with other warehouse employees, as,
for example, the packers. The movement of merchandise through the
warehouse fluctuates with the speed with which the pricers do their
work. In addition, at least 12 of the 14 pricers regularly perform
2 Cf. Matter of The B.-P. Goodrich Company and United Rubber Workers of America,
Local No. 43, 3 N. L. R. B. 420.
WALGREEN Co. 985
other `functions in addition to pricing , such as checking orders, unpack-
ing merchandise in the receiving room , and packing merchandise on
the floor. Thus too, the scanners and the full writers facilitate the
picking of orders, the scanners by locating the items in the various
parts of the warehouse and routing the orders, the full writers by
separating full case items from other items of the order and sending
them to the specialized full-case pickers . When work of this kind
no longer remains to be done , the scanners and full writers also per-
form other functions such as piling merchandise in the stockroom.
This interrelationship and overlapping of functions likewise applies in
a lesser or greater degree to the other clerical employees sought to be
excluded by Local 21704. All clerical workers may . be at times called
upon by the superintendent of warehousing operations to assist, when
there is need , in packing, wrapping, and other warehousing operations.
It would, moreover , be anomalous to exclude these employees and, as
desired by Local 21704, include the checkers , most of whom perform
both clerical and manual work and some of 'whom have predomi-
nantly clerical duties.
Under all the circumstances we find that all clerical employees
may properly be included in a bargaining unit with other employees
in the warehouse division.
. Employees eligible to membership in, 'other A. F. o f L. -unions.
Local 21704 also desires to exclude from any unit in the warehouse
division , carpenters , painters , engineers , elevator operators , electrical
workers who repair radios in the radio -service department, and
cooks and dishwashers in the cafeteria department . In a restatement
of its position submitted at the hearing for oral argument, Local
21704 appears to agree to the inclusion of employees in the radio-
service department . The chief reason advanced for the exclusions is
that these employees are eligible to join, and are under the jurisdic-
tion of, other labor organizations affiliated with the American Fed-
eration of Labor. There is no evidence that any other union affiliated
with the American Federation of Labor ever purported to repre-
sent any of these employees . In view of the close relationship of
functions or interests existing between these and other employees of
the warehouse division , in view of the fact that all the work of the
electrical workers and some of the work of the elevator operators can-
not be distinguished in character from the work of merchandise-
handling employees agreed by both-unions and the Company to be
properly in the unit, and in view of the anomaly involved -in includ-
ing porters who do cleaning work but handle no merchandise
(whom both unions and the Company desire to include ), and exclud-
ingcarpenters , painters , engineers , and cafeteria workers, we believe
that all these employees may properly be included in a single unit
along with all other employees in the warehouse division of the plant.
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
For similar reasons, we also believe it proper to include therein two
employees in the stockroom miscellaneous department, desired to be
excluded by Local 21704, namely, the matron in the ladies' locker
room, and the clerk in the employees' store who receives orders from,
and picks, wraps, and sells merchandise to, company employees.
Candy-division employees. The candy division of the Company's
Chicago warehouse, located on the first floor of the building, is com-
posed of the office, marmalade, candy-making, supervision, cellophane,
engineer, porter, syrup, dipping, and packing departments. Local
21704 desires that a separate unit be established of only warehouse-
division employees, whereas the Association and the Company urge
that both divisions constitute a single appropriate unit.
As opposed to the warehouse division, engaged solely in ware-
housing operations, the candy division is engaged solely in the manu-
facture of candy, fountain syrups, jellies, and similar products. The
two divisions are not interdependent in operation; the one can func-
tion if the other has ceased functioning, and in fact, at the time of
the hearing, the candy division had completely suspended operations,
while new equipment was being installed, without affecting the
normal operation of the warehouse division. Direct supervision over
each division is exercised by different supervisory officials. More-
over, the variant nature of the business of each division is reflected
in the fact that the warehouse division, relatively stable in operation,
has a 3-per cent turn-over of employees as compared to the huge
fluctuations in operation of the candy division, which during its
peak seasons at Christmas, Easter, and Mother's Day employs 250
to 275 employees and in its slack season employs about 100 employees
or less. During the summer of each year, the candy division closes
down completely for a short time and engages no employees. At no
time does the warehouse division completely cease operations. Ap-
proximately 75 to 80 per cent of the employees in the candy division
are women, whereas well over 90 per cent of the employees in the
warehouse division are men. Whereas employees are frequently
transferred within the warehouse division from one department to
another, transfers of employees between the divisions are rare. The
seniority lists which the Company agreed to maintain as a result
of the Association's efforts are separate, there being one for the candy
division and one for the warehouse division. Similarly, the consti-
tution and bylaws of the Association divide the employees into two
general divisions for voting purposes, namely, a warehouse and a
candy division. Thus, the employees of each division constitute a
rather well-defined group.
On the other hand, the employees of both divisions work in a single
building, under like conditions of employment, and, as a result of
WALGREEN CO. 987
deliveries from the candy division to the-warehouse division, are
in frequent contact with one another. Moreover, the Association has
for about 2 years bargained for employees in both divisions. It is
to be noted, however, that the agreement whereby the Company recog-
nized the Association as either the exclusive bargaining agent for all
employees or as the bargaining agent for its members only was
merely an informal or verbal agreement, of no definite duration,
specifying no terms relating to wages, hours, conditions of employ-
ment, or method of handling grievances.
In view of the facts described above, we feel that the warehouse
division 'may appropriately be established as a separate unit or be
combined in a single unit with the candy division.B Under these cir-
cumstances we are of the 'Opinion-that the desires of the employees
themselves should be determinative.4 For reasons which appear in
Section VI, infra, the determination of their desires can best be made
in elections which we shall direct. Upon the outcome of the elections
-will depend our ascertainment of the appropriate unit or units herein.
We shall, therefore, order an election to be held. among all the
employees of the warehouse division of the Company's Chicago ware-
house, including the city packers, stock fillers, out-of-town checkers
and loaders, out-of-town packers, order pickers, city full pickers,
out-of-town full pickers, chute, bar goods, cafeteria, carpenters and
painters, cigar, clock repair, engineers, fountain supply, porters, radio
service, return goods, stockroom agency, stockroom billing, stockroom
inventory, stockroom office, stockroom miscellaneous, out-of-town
packing, receiving, scanners and full writers, stockroom stockmen,
and night-loaders departments, whether paid weekly or semi-monthly,
but excluding supervisory employees, watchmen, and employees in
the personnel department, to determine whether. they desire to be
represented by Local 21704, or by the Association, or by neither.
We shall order a' further election among all the employees in the
candy division of the Company's Chicago warehouse, including the
office, marmalade, candy makers, supervision, cellophane, engineers,
porters, syrup,. dipping, and packing departments, whether paid
weekly or semi-monthly, but excluding supervisory employees and
watchmen, to determine whether or not they desire to be represented
by the Association. We shall certify the union, if any, designated by
a majority of the employees within each election unit as the exclusive
representative thereof.. If the Association should win both elections,
we shall certify it as the exclusive representative of both election
units. combined.
3 See Matter of Union Premier Food Stores, Inc.,' etc . and United Retail, & i Wholesale
Employees of America. etc ., 10 N. L. R. B. 370. and 11 N. L. R. B. 270.
4 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union Local No.
S, etc., 3 N. L. R. B. 294.
988 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
Both Local 21704 and the Association introduced into evidence
membership application cards, the Local also introducing into evi-
dence cards signifying resignations from the. Association. Because
of a mistaken supposition on the part of counsel for Local 21704 that
all parties had stipulated in the record that the Board order an
election and not certify on the basis of the record, the authenticity
and dates of all the signatures on the cards of Local 21704 were not'
proven. The same is true with respect to the cards introduced by
the Association. Counsel for the Company objected to the intro-
duction of all the cards of both Local 21704 and the Association on
the ground that they had not been proven as to date or authenticity
of signature. The Trial Examiner admitted the cards of. Local
21704 and of the Association into evidence under the impression that
the parties had : stipulated for an election and that the cards would
not be used for the purpose of certification. Under the' circumstances
we find that the question concerning representation which has arisen
can best be resolved by the holding of elections by secret ballot. We
shall accordingly direct that elections by secret ballot be held.
During the hearing, all the parties stipulated that the Board, in
determining the representatives of the employees, may use the fol-
lowing four pay rolls of the Company, introduced in evidence : the
weekly warehouse division. pay roll of January 11, 1939; the weekly
candy-division pay roll of January 14, 1939; the semi-monthly ware-
house and candy divisions pay roll of January 15, 1939; and the
pay roll of the night loaders, employed in the warehouse division, of
January 10, 1939. It was agreed that these pay rolls would not
limit the number of persons who might be considered by the Board
to be "employees" of the Company on the respective dates.
No reason appears in the record why a date later than those of the
above pay rolls should not be used to determine eligibility to vote in
the elections. We shall accordingly direct that those eligible to
vote in each election will be those persons in the respective election
units who were employed during the pay-roll period immediately
preceding the date of this Decision and Direction of Elections, in-
cluding employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then
or have since been temporarily laid off, but excluding those who have
since quit or been discharged for cause. At the time of the hearing,
the candy division had entirely ceased operation while new machinery
was being installed. If, at the date of this Decision and Direction
of Elections, the- candy division has not yet resumed operation, the
eligible voters will, in accordance with the above, be those who were
WALGREEN CO. 989
employed in the candy division during the pay-roll period imme-
diately preceding the date of cessation of operation, including em-
ployees' who. did not work. during such pay-roll period because they
were ill or on vacation, and employees who were then or have since
been temporarily laid off, but excluding those who have since quit or
been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the' Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of Walgreen Co., Chicago, Illinois, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the, National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
t o ascertain representatives for the purposes of collective bargaining
with Walgreen Co., Chicago, Illinois, elections by secret ballot shall
be conducted within fifteen (15) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Thirteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
9, of said Rules and Regulations, among
1. All the employees of the warehouse division of the Company's
Chicago warehouse, including the city packers, stock fillers, out-of-
town checkers and loaders, out-of-town packers, order pickers, city
full pickers, out-of-town full pickers, chute, bar goods, cafeteria,
carpenters and painters, cigar, clock repair, fountain supply, porters,
radio service, return goods, stockroom agency, stockroom billing,
stockroom inventory, stockroom office, stockroom miscellaneous, out-
of-town packing, receiving, scanners and full writers, stockroom
stockmen, and night-loaders departments, whether paid weekly or
semi-monthly; who were employed during the pay-roll period im-
mediately preceding the date of this Decision and Direction of
Elections, including employees who did not work during such pay-
roll period because they were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory employees, watchmen,, employees in the. personnel de-
partment, and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Whole-
sale and Chain Drug Warehouse Employees Union, Local 21704,
affiliated with the American Federation of Labor, or by Chicago
Drug Workers Association, Inc., for the purposes of collective bar-
gaining, or by neither; and among
2. All the employees in the candy division of the Company's
Chicago warehouse, including the office, marmalade, candy makers,
supervision, cellophane, engineers, porters, syrup, dipping, and pack-
ing departments, whether paid weekly or semi-monthly, who were
employed during the pay-roll period immediately preceding the
date of this Decision and Direction of Elections, including employees
who did not work during such pay-roll period because they were ill
or on vacation, and employees who were then or have since been
temporarily laid off, but excluding supervisory -employees, watch-
men, and employees who have since quit or been discha"r"ged for
cause, to determine whether or not they desire to be represented by
Chicago Drug Workers Association, Inc., for the purposes of col-
lective bargaining; provided that if the candy division has not
resumed operation at the date of this Decision and Direction of
Elections, the eligible voters will be. all those who were employed
in the candy division during the pay-roll period immediately pre-
ceding the date of cessation of operation of the candy division, in-
cluding employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then
or have since been temporarily laid off, but excluding supervisory
employees, watchmen, and employees who have since quit or been
discharged for cause.
MR. WILLIAM M. LEISERSON, concurring :
I agree that two separate ballots should be spread, (1) among
the employees of the warehouse division, (2) among the employees
of the candy division; but I am of the opinion that a definite finding
should be made before the election is held that these two divisions
constitute appropriate bargaining units.
MR. EDWIN S. SMITH, dissenting in part and concurring in part :
I -would not conduct a separate election among the employees of
the, candy . division but would include the warehouse and candy
divisions in a single bargaining unit. The fact that bargaining has
been established over a period of time .in a particular unit argues
against a present change in unit. Moreover, the history of bargain-
ing by the,Association prior to the appearance of Local 21704 on
WALGREEN CO. 991
the scene has not brought forth any-claim-that the interests of-either
the warehouse division or the candy division have been neglected
in the. bargaining process. Under the circumstances,. I see no rea-
son for determining a separate unit composed of the warehouse
division.
If however, a single bargaining unit including the candy divi-
sion is not found appropriate, as the majority holds, I agree with
Chairman Madden's opinion that final determination of the bar-
gaining unit or units should await the outcome of the separate
elections.