Bloomingdale Brothers, Inc.

National Labor Relations Board - Board Decisions

Mar 8, 1949

81 N.L.R.B. 1252 (N.L.R.B. 1949)

In the Matter of BLOOMINGDALE BROTHERS , INC., EMPLOYER and
BLOOMINGDALE DEPARTMENT STORE EMPLOYEES UNION, LOCAL 3,
INDEPENDENT, PETITIONER
In the Matter of BLOOMINGDALE BROTHERS , INC., EMPLOYER and
INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCALS #30 AND
30-A, AFL, PETITIONER
In the Matter of BLOOMINGDALE BROTHERS , INC., EMPLOYER and
LOCAL No. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL, PETITIONER
In the Matter of BLOOMINGDALE BROTHERS , INC., EMPLOYER and
INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCALS #94,
94-A, PETITIONER
Cases Nos. 2-RC-887, -RC-936, 2-RC-945, and 2-RC-973, respec-
tively-Decided March 8, 1949
DECISION
ORDER
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed , a hearing in this consolidated case was
held at New York City, on January 26, 27, 28, 31 , February 1 and 2,
1949, before a hearing officer of the National Labor Relations Board.
The hearing officer 's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed."
' Local 3, Retail , Wholesale & Department Store Union , CIO, is named In the current
contract , although a secession from this union in September 1948 left the Independent,
Local 3, as apparent successor to the contract . The contracting union has, as such, a
colorable claim which is sufficient interest to support its motion to Intervene . See Matter
of Pacific Tankers , 81 N. L. It. B. 325 . The motion to "dismiss the intervention" of
Local 75, CIO , on the grounds ( 1) that the union named in the contract was not the
union named as intervenor and (2 ) that Local 75's CIO charter, issued in September 1948,
limited its jurisdiction to the warehouse employees , was properly denied. The fact that
the segment surviving the secession was subsequently chartered under a different name
is immaterial ; the connection between Local 75, CIO, and the Retail , Wholesale & Depart-
ment Store Union, CIO , was not questioned . The alleged jurisdictional inability on the
part of this Intervenor to represent employees other than at the warehouse is also imma-
terial. Matter of Rutherford Freight Lines , Inc., 74 N. L. It. B . 1302, 1304, footnote 2.
81 N. L. R. B., No. 197.
1252
BLOOMINGDALE BROTHERS , INC. 1253
Upon the entire record in this case, the Board 2 finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The following labor organizations claim to represent employees
of the Employer : petitioners Bloomingdale Department Store Em-
ployees Union, Local 3, Independent (herein called Local 3, Inde-
pendent) ; International Union of Operating Engineers, Locals 30
and 30-A (herein called Local 30) ; International Union of Operating
Engineers, Locals 94 and 94-A (herein called Local 94) ; International
Brotherhood of Electrical Workers, Local 3, AFL (herein called
IBEW) and intervenors Retail Clerks International Association,
AFL (herein called RCIA) ; Local 804, International Brotherhood of
Teamsters, AFL (herein called Teamsters) ; Local 75, Retail, Whole-
sale and Department Store Employees Union, CIO (herein called
Local 75, CIO)
3,. A question affecting commerce exists concerning the employees
of the Employer, within the meaning of Section 9 (c) (1) and Section
2 (6) and (7) of the Act.
4. The appropriate unit :
Local 3, Independent, and the Employer contend that the appro-
priate unit is the present contract unit, covering all regular full-time
employees of the store in New York City and the warehouse in Long
Island City and all part-time employees whose hours of work are
more than 20 per week.4 Local 30 requests a unit consisting of all
employees in the engineering department employed as engineers, fire-
men, and maintenance mechanics, at the store and warehouse. Local
94 requests a unit consisting of all cash register mechanics. IBEW
requests a unit of electrical maintenance mechanics and their assistants,
including the elevator and escalator maintenance mechanics. RCIA
intervened for a unit similar to that asked for by Local 3, Independent,
2
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 -man panel con-
sisting of the undersigned Board Members [ Chairman Herzog and Members Houston and
Murdock].
s This union originally intervened as Local 3, Retail, Wholesale and Department Store
Employees Union , CIO. Subsequent to the close of the hearing the union moved to change
its designation to that stated herein. The motion , which was unopposed , was supported by
an affidavit that the International , Retail, Wholesale and Department Store Union, CIO,
had changed the designation of the local involved herein from Local 3 to Local 75 to avoid
confusion with Local 3, Independent. The motion is hereby granted.
4 Pursuant to the certification order of the New York State Labor Relations Board, on
November 1, 1938 ( Case No. SE-1459 , Dec. No. 278-A), the present contract excludes
the following employees : executives, superintendents , department managers , assistant
department managers , supervisors , assistant supervisors , protection department employees,
pay-roll clerks, buyers , assistant buyers, confidential employees , confidential secretaries,
personnel record clerks, training and employment office clerks , contingents, employees of
leased departments , comparison department employees , advertising copywriters , beauty
parlor employees , and demonstrators paid either in whole or in part by persons or corpo-
rations other than Bloomingdale Bros., Inc., drivers and helpers.
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but agreed with the contentions of Local 30, Local 94, and the IBEW.
Local 75, CIO, and the Teamsters intervened for a unit consisting of
warehouse employees only.
The Employer is engaged in the retail department store business
and operates, under one management, a store in New York City, with
3,200 employees, and a warehouse 2 miles away in Long Island City,
with 250 employees. All the employees are hired through one central
employment office and personnel policies are formulated through the
central personnel office at the store. All employees in the current
over-all unit have the same workweek, benefits, general working con-
ditions, and are subject to the same rules and regulations. For more
than 10 years, the collective bargaining agreements have covered all
the non-supervisory personnel of the Employer in both the store and
warehouse." During most of this time, the union negotiating com-
mittee has been composed of representatives from all branches of the
store and special demands have been made in consideration of the
various interests of different groups.
The requests raise questions of the severability from the existing
over-all store and warehouse unit of the following employees : (1)
warehouse; (2) engineering department; (3) maintenance electricians
and electrical mechanics; and (4) cash register mechanics. The Em-
ployer and Local 3, Independent, contend that any unit other than the
present contract unit is inappropriate because of the long history of
bargaining on the broader basis, the historical pattern of bargaining
in the industry within the area, and the integration of functions within
the business." The history of bargaining on a broader basis is not
sufficient in itself to deprive any of the employees here sought to be
severed of the opportunity to be represented in an otherwise appro-
priate unit. Nor is the pattern of bargaining in the industry as a
whole so consistent as to preclude the determination of any unit other
than the current contract unit.' And the integration of functions is
not such as we have deemed a controlling factor in denying severance,
even in the face of bargaining history on a broader basis,8 to a true
8 With the exceptions set forth supra, footnote 4, and infra, footnote 11.
8 Relying on Matter of National Tube Company, 76 N. L. R. B. 1199.
T Within the New York City area itself there are precedents for bargaining by ware.
house units, engineering departments , craft electricians , and cash register mechanics.
Furthermore a history of industry -wide bargaining on a non-craft basis would not in
itself preclude severance of true craft groups if the industrial activities were not highly
integrated . Matter of George S . Mepham Corporation , 78 N. L. R. B. 1081.
8 The precedents within the retail department store business on this broad proposition
is specifically to the contrary. See Matter of Marshall Field & Company, 76 N. L. R. B.
479. Cf. Matter of National Tube Company , 76 N. L. R. B. 1199; Matter of Ford Motor
Company ( Maywood Plant ), 78 N. L. R. B. 887 ; Matter of Dodge San Leandro Plant,
80 N. L . R. B. 1031.
BLOOMINGDALE BROTHERS, INC. 1255
craft group or to a homogeneous and distinct departmental group. It
is therefore necessary to consider the merits of the specific requests.
The warehouse is an integral division of the store and serves pri-
marily as a reserve stockroom for approximately 30 percent of the
sales departments ; handles the receiving, marking, checking, and
stocking of merchandise ultimately destined for retail customers. The
remaining sales departments use storage space at the store where
store employees perform tasks substantially similar to those of the
warehouse employees." Because of the integration of function be-
tween the store and the warehouse there is a constant interchange of
employees 10 and a constant interflow of communication between the
two. In addition, there is no evidence that the warehouse employees
have not been adequately represented to secure consideration for their
particular problems.," In the light of all the circumstances, we are
of the opinion that there is insufficient basis for departing from recent
Board practice by separating the warehouse employees from the store
employees as a separate bargaining unit.'
The engineering department consists of one supervisor, six engi-
neers licensed under municipal ordinances (two at the warehouse and
0In 1945, the Employer and Local 3, CIO, instituted a job-evaluation plan relating
jobs throughout the entire organization with respect to their function, skill, and responsi-
bility. According to the current job-analysis, prepared with the aid of an independent
firm of industrial engineers, there are 80 jobs in the warehouse, of which 27 are func-
tionally similar to jobs In the store, e. g., removal of stocked merchandise for delivery to
the customer.
"During the past year there were 3 major departmental shifts and the employees were
transferred with the departments. During the last year and a half, there have been
approximately 70 permanent transfers between the store and the warehouse, or 27 per-
cent of the total complement of warehouse employees. In addition to these transfers
there are seasonal transfers, e. g., fur storage, inventory clerks. Temporary transfers
are negligible in number.
11 From 1938 to the present, with the exception of a 3-month period in 1945, there has
been no independent bargaining by the warehouse group. Prior to the negotiation of the
1945 contract, a movement began in the warehouse for separate negotiations and repre-
sentation. When the contract was signed a break-off group at the warehouse repudiated
the contract signed by Local 3, CIO. In order to avoid industrial strife, the Employer
and Local 3, CIO, acquiesced in an arrangement whereby an identical contract was signed
by the so-called warehouse committee. In the following years, this committee has proc-
essed a number of grievances in arbitration without the assistance of Local 3, CIO, but
In accordance with the provisions of the over-all contract. There has been a warehouse
representative on all negotiating committees and warehouse employees have served as
officers of the local.
12 Matter of Namm's Inc., 81 N. L. R. B 1019; Matter of Sears, Roebuck & Co., 76
N. L. R. B. 167; see Matter of Louis Pizitz Dry Goods Co., 80 N L R B. 1442;
Matter of Montgomery Ward f Company, Inc., 77 N. L. R. B. 1363. The particular
bargaining history Is only one factor which supports this determination. See Matter of
Scheniey Distillers Corp., 80 N. L. it. B. 124; Matter of Jordan Marsh Company, 78 N. L.
it. B. 1031 (allowing a warehouse unit), and Matter of R. H. Macy & Co., Inc, 81 N. L R B.
186 (allowing a store unit) are distinguishable by the absence of extensive over-all
bargaining. In addition, Macy's warehouse has both a separate personnel division and
employment office from Macy 's store.
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
four at the store), six firemen in the process of qualifying for engineer
licenses (two at the warehouse and four at the store) 11 and three
mechanics. The engineers' duties are generally to maintain the heat-
ing, refrigeration, plumbing, and air-conditioning systems in the
store and warehouse. The firemen operate on the same heating and
boiler equipment as the engineers. Their main function is to deposit
rubbish, which comes from the upper floors in the store or warehouse,
into furnaces which fire the boilers and to watch the gauges on the
boilers in order to insure the maintenance of proper pressure. The
mechanics all perform repair and maintenance functions on the same
heating and sprinkler systems, plumbing, and air-conditioning equip-
ment. The engineers, firemen, and mechanics all report for work in
the basement area of the store or warehouse, but the engineers and
mechanics perform their duties anywhere in the store or warehouse
where equipment requires repair or maintenance. All employees in
this department are separately supervised by a single supervisor. The
employees in the engineering department are essentially power-room
employees. They have a distinct community of interest which is suffi-
cient under present Board policy to entitle them to a self-determination
election.14
The electricians-12 maintenance electrical journeymen, 2 electri-
cal elevator maintenance mechanics, 1 electrical escalator mainte-
nance mechanic, and 3 electrical apprentices-do all the wiring and
repairing of electrical equipment, lighting, elevator maintenance, and
escalator maintenance. All these workers are highly skilled crafts-
men, who have served or are serving apprenticeships of 5 years or its
equivalent, and they perform the work traditionally performed by
craft electricians. We have generally granted a self-determination
election to such electricians despite a history of bargaining on a broader
basis, and there is no justification, consistent with our present policy,
for making an exception of these electriciansl8
11 Under New York municipal ordinances , 5 years of service as a fireman under a licensed
engineer qualifies a fireman for the civil service examination for the engineer 's license.
14 See Matter of Washburn Wire Company , Inc., 79 N . L. R. B. 1479; Matter of General
Motors Corporation , 76 N. L . R. B. 879 , and cases cited therein . Local 3, Independent's
contention that the inclusion of the mechanics renders this a miscellaneous multi-craft
group of the sort which the Board will not sever in the presence of a history of bargaining
for a larger unit is without merit. The fact that mechanics may be excluded from a
powerhouse type of unit ( Matter of Kendall Mills-Finishing Division of The Kendall Com-
pany, 77 N. L . R. B. 385, is not determinative of the propriety of their inclusion Matter
of The Consumers Brewing Company, 77 N. L . R. B. 1244 ( engineers , firemen, and helpers) ;
Matter of Kalamazoo Vegetable Parchment Company, 76 N. L . R. B. 1015 ( engineers,
mechanics , oilers, firemen, and helpers ). The grouping of employees is neither arbitrary
nor artificial . See Matter of Marshall Field d Company, 76 N. L . R. B. 479, 480, footnote
2; cf. Matter of Carson Pirie Scott cC Company, 75 N. L R . B. 1244).
15 Matter of United States Rubber Company, 81 N. L. R. B. 17, and cases cited
therein, especially footnotes 7 and 8. There is not here such integration with any process
of production as to bring these electricians within the scope of the exception expressed
in Matter of Ford Motor Company ( Maywood Plant). 78 N. L. R. B. 887.
BLOOMINGDALE BROTHERS, INC. 1257
The cash-register mechanics are two employees who devote their en-
tire time to the repair of National Cash Registers, a process requiring
approximately 6 months' training. These employees are more skilled
than some repairmen, but not sufficiently skilled to warrant their clas-
sification as "craft" employees; 18 nor can the parties by stipulation to
that effect substitute for the qualifications we consider prerequisite to
a "craft." In our view, they do not constitute a sufficiently segregated
group or possess sufficiently distinguishable interests to warrant their
severance from the existing contract unit, in view of the history of
collective bargaining on the over-all basis 17
However, we shall make no final unit determination at this time, but
shall be guided in part by the desires of the employees as expressed in
the elections hereinafter directed. We shall direct elections among
the following groups of employees at the Employer's New York City
store and Long Island City warehouse :
(a) All employees in the engineering department, excluding all
supervisors as defined in the Act.
(b) All maintenance electricians, electrical mechanics, and ap-
prentices, including the electrical elevator maintenance mechanics,
electrical escalator maintenance mechanic, but excluding all super-
visors as defined in the Act.
(c) All other employees as defined in the present over-all contract,
excluding those set forth supra, footnote 4, and all supervisors as
defined in the Act.
If a majority of the employees in voting groups (a) or (b) select
(a) Local 30 or (b) IBEW, they will be taken to have indicated their
desire to be constituted separate appropriate units.
ORDER
Upon the basis of the foregoing findings of fact and the entire
record in the case, the Board hereby orders that the petition filed in
this proceeding by International Union of Operating Engineers, Lo-
cals #94 and 94-A, in Case No. 2-RC-973, be, and it hereby is,
dismissed.
DIRECTION OF ELECTIONS"'
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, elections by se-
cret ballot shall be conducted as early as possible, but not later than 30
16 Matter of Retail Employer Relations Comm4s8ion, 80 N. L. R. B 1473; Matter of
Philip Morris cf Company , 79 N. L. R. B. 56.
37 See Matter of Allis-Chalmers Manufacturing Co., 77 N. L. R. B. 719.
18 Any participant in any election directed herein may, upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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-Series 5, as amended, among
the group of employees described in paragraph numbered 4, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Elections, including employees who did
not work during said pay-roll period because they were ill or on va-
cation or temporarily laid off, but excluding those employees who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the elections, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether, for purposes of collective bargaining,
(1) the employees in voting group "(a)" desire to be represented by
Bloomingdale Department Store Employees Union, Local 3, Inde-
pendent, or Retail Clerks International Association, AFL, or Local
75, Retail, Wholesale and Department Store Employees Union, CIO,
or International Union of Operating Engineers, Locals 30 and 30-A,
AFL, or by none;
(2) the employees in voting group "(b)" desire to be represented
by Bloomingdale Department Store Employees Union, Local 3, Inde-
pendent, or Retail Clerks International Association, AFL, or Local
75, Retail, Wholesale and Department Store Employees Union, CIO,
or International Brotherhood of Electrical Workers, Local 3, AFL,
or by none;
(3) the employees in voting group "(c)" desire to be represented
by Bloomingdale Department Store Employees Union, Local 3, Inde-
pendent, or Retail Clerks International Association, AFL, or Local
75, Retail, Wholesale and Department Store Employees Union, CIO,
or by none.