National Labor Relations Board v. Retail Clerks Local 588, Retail Clerks International Association, Afl-Cio

After a hearing the National Labor Relations Board (the Board) found that respondent union, Local 588 of the Retail Clerks Ass’n, and the employer, Raley’s, Inc., violated the Act when Raley’s recognized and bargained with Local 588. Raley’s has agreed to comply with the Order; only Local 588 is a party to this enforcement proceeding. The Board’s Order, reported at 227 N.L.R.B. # 109, is premised on the fact that another union, the Independent Drug Clerks Ass’n (IDCA), already represented Raley’s drug store employees. Respondent contends (1) the IDCA was not a lawful majority union at the time, and (2) the controverted employees were properly accreted to the unit then represented by respondent.

Both of respondent’s contentions are unavailing. We enforce the Board’s Order.

I. FACTS SUMMARIZED

Raley’s has 23 food stores in California, 13 of which are attached to Raley’s drug centers. The drug centers are in the same building, but have separate entrances and checkout counters. Raley’s has operated the drug centers as separate entities with respect to costs, payroll, management, merchandising, etc. For many years, respondent has represented foodstore employees while drug employees…