Bond Stores, Inc.

National Labor Relations Board - Board Decisions

Mar 4, 1949

81 N.L.R.B. 1177 (N.L.R.B. 1949)

In the Matter of BOND STORES , INCORPORATED, EMPLOYER and JOSEPH
E. BECKERJECK , PETITIONER and RETAIL , WHOLESALE AND DEPART-
MENT STORE UNION, CHICAGO JOINT BOARD , CIO, UNION
Case No. 13-RD-14.-Decided March 4, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Relations Board. 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 Act, the Board
has delegated its powers in connection with this case to a three-man
panel consisting of the undersigned Board Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner asserts that the Union is no longer the bargaining
representative of the employees of the Employer as defined in Section
9 (a) of the Act.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the amended Acts
*Houston , Reynolds , and Murdock.
1 The Petitioner contends that the collective bargaining contract between Employer and
Union is no bar to this proceeding inasmuch as it was not actually signed until after June
15, 1948, when the instant petition was filed . It seems clear from the record that the
contract was executed on or about June 1, 1948 , the effective date of the contract. How-
ever , the record discloses that the contract provided for a union shop and for maintenance
of membership in the Union as a condition of employment . It was orally agreed that this
clause was not to be a part of the contract until after a union -shop election was held.
The Union has not been certified by the Board , under Section 9 (e) (1) of the Act, as
being authorized to execute such a union-security provision . In Matter of C. Hager Q
Sons Hinge Manufacturing Company , 80 N. L . R. B. 163, we said that even if no action
has been taken pursuant to such a provision "The mere existence of such a provision acts
as a restraint upon those desiring to refrain from union activities within the meaning of
Section 7 of the Act . . . . " Under these circumstances , and without regard to any other
considerations , we find that the contract is not a bar to the present determination of repre-
sentatives . See Matter of General Electric Company, 80 N. L. It. B. 169.
81 N. L. R. B., N. 180.
1177
1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All employees, except managers, assistant managers, department
heads (except in one-man departments), credit managers, assistant
credit managers, head bookkeepers, head cashiers, display managers,
private secretaries, tailor shop employees covered by contracts with
other unions, and all other supervisors as defined in the Act.
DIRECTION OF ELECTION 2
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 supervision 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 em-
ployees in the 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 vaca-
tion 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 election, and also excluding eln-
ployees'on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by Retail, Wholesale and Department Store Union,
Chicago Joint Board, CIO.
2 The Union has not complied with the filing requirement of Section 9 (f), (g), and (h)
of the Act. Accordingly, if the Union wins the election , and it has not then complied,
the Board will certify only the arithmetical results. Matter of Burry Biscuit Corporation,
76 N. L. R. B. 640.
1