Bond Stores, Inc.Download PDFNational Labor Relations Board - Board DecisionsAug 19, 194351 N.L.R.B. 1437 (N.L.R.B. 1943) Copy Citation In the Matter of BOND STORES, INC., and AMERICAN FEDERATION OF LABOR AND ITS AFFILIATED INTERNATIONAL UNIONS Case No. R-5695.-Decided August 19, 1943 Taylor, Mayer, Shifrin & Weller, by Mr. N. L. Shi f rin, of St. Louis, Mo., for the Company. Messrs. E. G. Theiss, J. H. Skaggs, Walter Baker, and Simon Liese, of St. Louis, Mo., for the A. F. of L. Messrs. Harold L. Gibbons, Morris L. Levine, and Ray De Paulo, of St. Louis, Mo., for the C. I. O. Mr. Robert Silagi, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by American Federation of Labor and its Affiliated International Unions, herein collectively called the A. F. of L., alleging that a question affecting commerce had arisen concerning the representation of employees of Bond Stores, Inc., St. Louis, Missouri, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before Ruth C. Hutchinson, Trial Examiner. Said hearing was held at St. Louis, Missouri, on July 15, 1943. The Company, the A. F. of L., and United Retail; Wholesale & Department Store Em- ployees of America, C. I. 0., herein called the C. I. 0., appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: 'At the hearing the formal papers in the case were amended to show the correct desig- nation of the Company. 51 N. L. R. B., No. 232. 1437 1438 DECISION 'S OAF NATIONAL LABOR RELATPIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Bond Stores, Inc., is a Maryland corporation having its principal office in New York City. The Company operates 60 stores, 2 of which are in the State of Missouri, 1 in St. Louis, the only store with which we are here concerned, and 1 in Kansas City. The remaining 58 stores are located throughout the United States. In addition to its stores, the Company operates 2 factories, 1 in New York and 1 in New Jersey. The factories are engaged in the manufacture, sale, and dis- tribution of men's clothing and other merchandise to the stores. The stores are engaged in the retail sale and distribution of clothing and furnishings. During the year 1942 the sales of merchandise at the St. Louis store exceeded $1,000,000, of which 1 percent was made to customers located outside the State of Missouri. During the same period of time the St. Louis store purchased merchandise valued at approximately $500,000, 19 percent of which was shipped to the store from points outside the State of Missouri. During this same period the St. Louis store carried between 4,000 and 5,000 open credit ac- counts, 10 percent of which was with persons residing outside the State of Missouri. Approximately half of the total sales are made to open credit accounts. Each of the 60 stores of the Company does its own advertising, but advertising copy is furnished from the New York office, and the same advertising copy appears in local newspapers of many States at the same time. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATIONS INVOLVED American Federation of Labor and its Affiliated International Unions are labor organizations admitting to membership employees of the Company. United Retail, Wholesale & Department Store Employees of Amer- ica is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 9, 1943, the A. F. of L. by letter requested from the Company recognition as the exclusive bargaining representative of its employees. On March 12 the Company replied, acknowledging re- ceipt of the letter. Subsequent to that time there were at least two conferences among representatives of the Company, the A. F. of L., and the C. I.O. The C. I. O. likewise requested uxclusive recognition BOND STORES, INC. 1439 and claimed to represent a majority of the employees. During these conferences the Company declined to recognize either union. A statement of the Regional Director, introduced into evidence at the hearing, indicates that each union represents a substantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are in substantial agreement that the appropriate unit should consist of a store-wide unit including A. Baum and F. Budrow 8 but excluding supervisory employees, extra employees, and employees in the tailor shop, who are covered by a contract with the Amalgam- ated Clothing Workers of America. The only issues to be resolved are whether or not to exclude the Office and Credit Department em- ployees, and D. Estes, from such a unit. The A. F. of L. and the Company urge the exclusion of the Office and Credit Department employees, whereas the C. I. O. seeks to have them included in the appropriate unit. The record shows that the working quarters of these employees are situated on the balcony of the store, immediately adjacent to the shoe department, and above the men's clothing, hat, and furnishings departments. As mentioned before, ap- proximately half of the Company's sales are made on a credit basis. When such a sale is concluded, the salesman personally conducts the customer to the Credit Department and introduces him to a member of that staff, who then arranges for the extension of credit. Only rela- tively few of the 'sales are made to "preferred customers," i. e., cus- z The Regional Director reported that the A . F. of L submitted 22 authorization cards, all of which bore apparently genuine original signatures ; that the names of 17 persons appearing on the cards were listed on the Company 's pay roll of May 19, 1943, which contained the names of 28 persons in the alleged appropriate unit; and that the cards were dated between March 5 and May 7, 1943. The C. I. O. submitted 13 application -for-membership cards, all of which bore appar- ently genuine original signatures . The names of 9 persons appearing on the cards were listed on the Company 's pay roll of May 19, 1943 . The cards were dated between March 10 and April 15, 1943. None of the C. I. O. designations submitted is for any of the 7 persons whose names appear on the Company 's pay roll as being employed in the Office or Credit Department which the C. I. O. would include within the alleged appropriate unit. In addition to the 22 authorization cards submitted by the A. F. of L , It submitted 2 designations bearing signatures of persons listed on the Company 's pay roll as "extra" employees . The Company's pay roll of May 19, 1943 , contains the names of 17 extra employees within the alleged appropriate unit. None of the C. I. O. designations sub- mitted is for a person listed on the Company 's pay roll as an extra. 8 Although Baum and Budrow are extra employees , the parties agreed to include them in the unit . The evidence shows that both men were former regular full-time salesmen who had left the employ of the Company to obtain war jobs. At present they work for the Company only a few hours per week but the Company indicates that it is ready to restore them to their former status should they desire to work full time. 1440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tomers who are permitted to buy on their signatures only, without ap- proval by the Credit Department. During the course of a normal day's business, a salesman appears in the office of the Credit Depart- ment 10 or more times. Similarly, all salesmen with the exception, of those who work in the furnishings department, which is serviced by a tube system, have direct contact with the office, of which the cashier is part. When a sale is completed the salesman writes up the sales check and hands it, together with the cash, to the cashier. Since sales- men are compensated partially on a commission basis, it is apparent that the decisions of the Credit Department have a direct and material bearing upon their earnings. For all these reasons, the appropriate unit might, under normal circumstances, contain employees of the Office and Credit Department .4 The record reveals that although the C. I. O. seeks the inclusion of Office and Credit Department employees, it has made no showing of representation whatever among them. Since these employees evi- dently do not desire union representation at the present time, and even though there is frequent contact, there is no interchange or overlap- ping of duties or function between selling employees and Office and Credit Department employees, we shall exclude the latter group from the appropriate unit .5 However, our finding in this respect does not preclude a later determination that a larger unit is appropriate.e D. Estes is employed as a window trimmer. Both unions would exclude him as a supervisor ; but the Company claims he has no super- visory authority. Estes spends the maj or portion of his time design- ing window displays and the remainder of his time in window trim- ming, with the assistance of his one helper. During rush hours he is also called upon to do sales work. Estes receives approximately twice as much pay as his helper. He has no authority to hire or discharge. Although the store manager testified that Estes may recommend in- creases and discipline for his helper, Estes has never done so. Under all the circumstances we are not persuaded that Estes comes within the definition of a supervisory employee, and shall accordingly include him in the unit. We find that all employees at the Company's St. Louis store, in. eluding A. Baum and F. Budrow, but excluding all Office and Credit Department employees, extra employees, tailor shop employees, man- ager, and any other supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status 4 See Matter of The May Department Stores Company , d/b/a Famous-Barr Company, 46 N. L. R. B. 305 ; Matter of J L Brandeis & Sons, 50 N. L R B 325. 5 See Matter of North American Aviation, Inc ., 13 N. L R. B. 1134; Matter of Frigidaire Division of General Motors Corporation, 19 N. L. R. B 957. 0 See Matter of New Jersey Worsted Mills , 35 N. L. R. B. 1303. BOND STORES, INC. 1441 of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bond Stores; Inc., St. Louis, Missouri, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tion 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vocation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause, to determine whether they desire to be represented by American Federation of Labor and its Affiliated International Unions,$ or by United Retail, Wholesale & Department Store Employees of America, affiliated with the Congress of Industrial Organizations for the purposes of collec- tive bargaining, or by neither. . CHAIRMAN MILLIS took on part in the consideration of the above Decision and Direction of Election. Copy with citationCopy as parenthetical citation