LOCAL 919, RETAIL CLERKS INTERNATIONAL ASS'N v. NLRB
| Decision Date | 26 March 1969 |
| Docket Number | No. 21911.,21911. |
| Citation | 416 F.2d 1118,135 US App. DC 103 |
| Parties | LOCAL 919, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Warren H. Pyle, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Messrs. S. G. Lippman and George R. Murphy, Washington, D. C., were on the brief, for petitioner. Mr. Donald Grody, Washington, D. C., also entered an appearance for petitioner.
Mr. Robert A. Giannasi, Attorney, National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief, for respondent.
Before PRETTYMAN, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.
The case now before us was originally one of four cases, consolidated here, involving the same order of the National Labor Relations Board. The other three cases were dismissed by order of the court upon an agreement of the parties.1 The issues involved in those cases have thus been removed from the controversy before us. The remaining petitioner presses one issue.
Super Markets General Corp., doing business as Shop Rite, is the owner and operator of a chain of retail stores located in several of the middle-Atlantic states. Early in 1967 it organized and opened a store in Danbury, Connecticut. In routine procedures a union local2 was chosen and certified as the bargaining representative of the employees at that store; a contract was negotiated by it and the Company, and was duly signed. That contract recited that it covered "all employees working in any and all present and future retail stores of any type" within the territorial jurisdiction of Local 282, the signatory local union. The contract also provided that as a condition of employment the employees in the defined unit (i. e., any store within the jurisdiction of Local 282) acquire and maintain membership in Local 282. It also contained a clause requiring the Company to check off union dues of such employees.
Shortly after the foregoing the Company advertised for employees to staff a new store in Bridgeport, Connecticut, some twenty-two miles from Danbury. Successful applicants were given a folder containing personnel documents, among which were a card accepting membership in Local 282 and designating it as the chosen bargaining representative, and a card authorizing the Company to check off union dues. Company officials instructed prospective employees to fill out and sign all the documents in the folder.
Meantime another union, our present petitioner,3 vigorously campaigned to organize the Bridgeport employees. The Company signed with Local 282 a contract covering the Bridgeport employees. Local 919 filed charges against the Company and Local 282. The crucial point in that dispute was whether the employees at the Bridgeport store were an enlargement, expansion or accretion to the Danbury group (theretofore certified as an appropriate unit) or constituted a new and independent group, entitled to...
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