Bakers Shoe Store

National Labor Relations Board - Board Decisions

Nov 7, 1949

86 N.L.R.B. 1305 (N.L.R.B. 1949)

In the Matter of EDISON UTAH STORES, IN C., D/B/A BAKERS SHOE
STORE,' EMPLOYER and RETAIL CLERKS UNION No. 727, RETAIL
CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER
Case No. 21-RC-925.-Decided. November 7, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a. hearing was held before Ben Grodsky,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds:
1. Bakers Shoe Store is a retail shoe store in Tucson, Arizona. It
is one of five such stores operated by Edison Utah Stores, Inc., a sub-
sidiary of Edison Brothers Stores, Inc., a Delaware corporation which
in conjunction with its affiliated corporations operates 211 retail shoe
stores in approximately 30 States. This proceeding concerns only the
single store in Tucson operating under the name of Bakers Shoe Store,
herein called the Employer. The parent corporation, which has its
home office in St. Louis, Missouri, during 1948 purchased for resale
by its numerous retail outlets merchandise valued at approximately
$45,000,000, over $100,000 of which represented merchandise pur-
chased and shipped to the Employer from points outside the State of
Arizona. During the salve period the sales of its retail stores
amounted to approximately $75,000,000, over $100,000 of which rep-
resented sales made locally by the Employer.
I The Petitioner was permitted, without objection by any party, to amend its petition at
the hearing to state the correct name of the Employer as given above . The name of the
parent corporation had been used in the original petition . In its brief , for the first time the
Employer , a subsidiary corporation , contends that it had not been served with notice of
this proceeding , and that the entire proceeding is therefore invalid . This contention is
without merit . The record clearly shows that the Employer was fully apprised of the
Petitioner ' s claim and participated in the hearing. Furthermore , the Employer does not
plead surprise and makes no showing of prejudice . Matter of LaSalle -Crittenden Press,
Inc., 72 N. L. R. B. 1166; Matter of Time Lock Nat Corporation of America , et at., 66
N. L. It. B. 754.
86 N. L. R. B., No. 140. 1305
1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer is under the direct supervision of a manager, who
is in turn under the supervision of a regional manager, who had charge
of approximately 13 stores located in Utah, Arizona, and California.
The regional manager reports to the executive supervisor, located in
Los Angeles, California, who in turn reports to the parent corpora-
tion's main office in St. Louis. Policy matters for the Employer are
dictated by the executive supervisor. All merchandise orders go
through the home office at St. Louis, Missouri, which may, and has,
sent merchandise not ordered by the manager of the Employer.
Contrary to the contention of the Employer, we find that it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act.2
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
,9 (c) .(1) and Section 2 (6) and.(7) of the Act.
4. The following employees of the Employer at its Tucson, Arizona,
store constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act:
All sales personnel, cashiers, stock clerks, porters, part-time em-
ployees,3 and the assistant manager,' excluding guards, professional
employees, and all supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted.as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
2 Matter of Flor8heim Retail Boot Shop, 80 N. L. It. B. 1312.
8 The parties stipulated that part -time or extra employees , working at least 1 day each
week, for 4 or more weeks prior to the date of the election, should be included for voting
purposes in the unit . However, no explanation appears for this setting of a definite time
limit for eligibility . We see no reason for departing from our customary inclusion of such
employees in the unit , provided these employees regularly perform under the same working
conditions the same general functions as other comparable full-time employees . See Matter
of Florsheim Retail Boot Shop, supra.
4 The assistant manager spends 95 percent or more of his time on sales. He acts as
manager only when the manager is out of the store at lunch time or when he is on vacation.
Because the assistant manager exercises directive authority only sporadically during the
absence of the manager , we find, in agreement with the parties , that he is not a supervisor
within the meaning of the Act and we shall include him in the unit . See Matter of Flor-
sheim Retail Boot Shop , supra. Also , Matter of Celanese Corporation of America, 81
N. L. R. B. 1041.
EDISON UTAH STORES, INC. 1307
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, 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, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Retail Clerks Union No . 727, Retail Clerks International
Association, AFL.