Bond Stores, Inc.

National Labor Relations Board - Board Decisions

Apr 25, 1944

56 N.L.R.B. 26 (N.L.R.B. 1944)

In the Matter of BOND STORES , INC. and INTERNATIONAL LADIES'
GARMENT WORKERS' UNION, A. F. L.
Case No. 10-B-1121.Decided April 25, 1944
Leader, Hill d Tennenbawm, by Mr. Benjamin Leader and Mr.
Kenneth Perrine, of Birmingham, Ala., for the Company.
Mr. Joseph Jacobs, of Atlanta, Ga., for the Union.
Mr. Joseph E. Crubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT O1' THE CASE
Upon petition duly filed by International Ladies' -Garment
Workers' Union, A. F. L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Bond Stores, Inc., Birmingham, Alabama, herein called
the Company, the National Labor Relations Board provided for • an
appropriate hearing upon due notice before Paul S. Kuelthau, Trial
'Examiner. Said hearing was held at Birmingham, Alabama, on April'
3, 1944. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross`-
examine witnesses, and to introduce ' evidence bearing on the issues.
At the hearing the Company filed a motion to dismiss the petition
on the grounds, inter alia, that .the unit- sought by the Union is in-
appropriate and that the Board lacks jurisdiction. The motion is
hereby denied. 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:
FINDINGS OF FACT
1. THE BIISINESS OF THE COMPANY-
Bond Stores , Inc., is a Maryland corporation having its principal
office, in New York City. The Company operates 60 stores ,1 of which
56 N. L . R. B., No. 7.
26
7
BOND STORES , INC. 27
is located at Birmingham, Alabama, and is the only store with which
we are here concerned. The remaining 59 stores are located through-
out 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 distribution 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 1943, the Birmingham store sold merchandise valued in excess
of $300,000, all of which was shipped to the store from states other
than the' State of Alabama; approximately 3 percent of the total
sales was shipped to points outside the State of Alabama. Each of,
the 60 stores of the Company does its own advertising but adver-
tising 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 Birmingham store also advertises by radio.over local
Birmingham stations.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
International Ladies' Garment Workers' Union, affiliated with the
American Federation of Labor, is a labor organization admitting to,
membership. employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the bargaining
representative for_ certain of its employees unless and until the Union
is certified by the Board.
A statement prepared by a Field Examiner, introduced in evidence-
at'the hearing, indicates, that the Union represents a substantial num-
ber of employees in the,unit hereinafter found appropriate:
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 Union seeks a unit,comprised of all employees in the alteration
department of the Company's Birmingham store. The Company con-
tends that the unit sought is not appropriate.
1 See Matter of Bond-Stores, Inc, 50 N. L. It. B. 1437; Matter of J. L. Brandeis & Sons,
53 N. L. It. B. 352.
' The Field Examiner reported that the Union submitted four authorization cards, all of
which bear names of persons whose names are listed on the Company 's pay roll of February
2,'1944 ; there are approximately six employees in the - unit alleged by the Union to be
appropriate.
'gig - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company's alteration department is located in a single room
which is separated from the remainder of the Birmingham-store. It
has seven employees, one of whom is a regular part-time employee,
and is. -Linder the sole supervision of the store manager. The employ,-
'.ees of the department, namely, a fitter, presser, tailors, and finishers,
are engaged only in the alteration of clothes purchased in the Com-
pany's,store. There is no interchange of employees between the altera-
tioii department and other departments of 'the store. The alteration
department employees are'generally considered as belonging to a
skilled trade, having interests separate fiom those of sales and other
store employees. In harmony with this distinction, the Union limits
its membership to skilled alteration workers and has made no at-
tempt to organize the remaining employees of the store. From the
foregoing facts, we are of the opinion that' a unit composed of altera=
tioh department employees is appropriate for the purposes of collec-
tive bargaining.3 - I • , • -
We find that all employees in the alteration department of the Com-
pany's Birmingham, Alabama, store, excluding all supervisory em-
ployees who have the authority to hire, promote, discharge, discipline,
or otherwise' effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the ' pur-
poses -of collective bargaining-within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION Or 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 Rela-
tions Act, and, pursuant to Article III, Section 9, of National Labor
Relations Board Rules, and 'Rules and Regulations-' Series 3, it is
hereby
- DIREorm that, as part of the investigation to ascertain representa-
tives for the purposes of , collective bargaining with Bond Stores, Inc.,
Birmingham; Alabama, an election by secret ballot shall be conducted
as early as.possible, but not later than, thirty (30) days from the
See Matter of C-reenfleld'8 Company, 54 N. L . R. B. 1315.
I
BOND STORES , INC. 23'
date' of this Direction, under the direction and, supervision of the
Regional Director for, the Tenth Region, acting in this matter as-
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
during said pay-roll period because 'they were ill, or on vacation 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
election, to determine whether ,or not they desire to be represented
by International Ladies' Garment Workers' Union, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining.
I