Bond Stores, Inc.

National Labor Relations Board - Board Decisions

Aug 19, 1943

51 N.L.R.B. 1437 (N.L.R.B. 1943)

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.