Bonwit Teller, Inc.

National Labor Relations Board - Board Decisions

Jun 20, 1949

84 N.L.R.B. 414 (N.L.R.B. 1949)

In the Matter of BONWIT TELLER, INC., EMPLOYER and LOCAL 804,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL and .AMAL-
GAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONERS
Cases Nos. O-RC-859 and -RC-1026.-Decided Jw, to 20,.1949
DECISION
AND
DIRECTION OF ELECTIONS
AND
ORDER
Upon petitions duly filed, a hearing was held before Lloyd S.
Greenidge, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel 2 [Chairman Herzog, and Members
Houston and Gray.]
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.
i The hearing officer properly refused to allow Retail Clerks International Association,
AFL, herein called the Intervenor , to introduce evidence with respect to alleged unfair
labor practices on the part of the Employer . Alleged unfair labor practices , and evidence
relating thereto . are as a matter of Board policy , not properly admissible in representa-
tion hearings . Matter of Gibbs Corporation, 81 N L. R B 1029 , Matter of Jell-Well Des-
sert Company , 82 N. L. R . B. 101 ; Matter of Deep Rock , Inc, 83 N. L. R B. 694.
In its brief before the Board, the Intervenor contended that the hearing officer did not
conform to the Board 's requirements in the conduct of representation proceedings in that
he conducted the hearing in an adversary manner rather than as an investigation, with
the result that the record does not disclose the evidence required for a proper disposition
of the issues raised with respect to the appropriate unit We have examined the record
in this case closely and find nothing adversarial in the character of the hearing The hear-
ing officer did not, either through his rulings or general conduct , deny any party an oppor-
tunity to introduce evidence pertinent to all the issues herein Furthermore , all the facts
necessary for a determination by the Board of all the issues appear in the record We find
no evidence in the record of bias and prejudice on the part of the hearing officer, and are
of the opinion that the Intervenor received a fair and impartial hearing In view of the
foregoing and the entire record in the case , we find that the contention of the Intervenor
is lacking in merit
2 The Teamsters ' request for oral argument is denied , as the record and briefs, in our
opinion, adequately present the issues and positions of the parties.
84 N. L. R. B., No. 50.
414
BONWIT TELLER, INC. 41'5
2. Local 804, International Brotherhood of Teamsters, AFL, herein
called the Teamsters; Amalgamated Clothing Workers of America,
CIO, herein called the Amalgamated; and Retail Clerks International
Association, AFL, herein called the Intervenor, are labor organiza-
tions claiming to represent certain employees of the Employer.
3. For reasons stated hereinafter, no question affecting commerce
exists concerning the representation of employees of the Employer
in Case No. 2-RC-859 within the meaning of Section 9 (c) (1) and
Section 2 (6) and (7) of the Act. We do; however, find that a question
affecting commerce exists concerning the representation of employees
of the Employer in Case No. 2-RC-1026, within the-meaning of Sec-
tion9^(c), (1) ahdSection 2 (6) and (7) of the Act.
4. The Teamsters, the Petitioner, in Case, No. 2-RC-859, ,requests
a unit of all employees employedlin the receiving and marking, inside
cleliv-ery, returii, goods, warehouse, branch. stores, and packing and
.wrapping departments in the Employer's New York store, excluding
,supervisors. The Amalgamated, the' Petitioner in Case No. 2-RC-
1026, seeks to represent a single unit of all regular full-time and part-
time employees in the Employer's three stores located at New York
City, White Plains, New York, and Boston, Massachusetts,.including
pay-roll and accounting department employees, draftsmen, publicity
department and executive sales employees, assistant department heads
who do not have authority to hire and discharge,.but excluding-as-
sistant buyers, personnel employees, and supervisors.' The'Intervenor
seeks a similar unit, limited ^ to ' employees, in the Employer's New
York store, except that it would include assistant buyers and per-
sonnel employees, and that it recognizes the, unit clai'ni of the Team-
sters. The Employer urges that the three-store, unit 'sought by the
-Amalgamated is the only appropriate unit, but would exclude pay-roll
and accounting department employees; draftsmen, publicity depart-
ment and executive sales employees, and all assistant department
'heads.' There is no history of collective bargaining for the employees
involved in this proceeding.'
9 The Amalgamated stated in its brief to the Board that it is willing to proceed on the
basis of three separate units if the Board so decides.
4 All parties agree to the inclusion of all regular full and part -time employees whether
employed at wages, salaries, commissions, or any combination thereof, including em-
ployees in leased departments , models, and demonstrators . They agree to the exclusion
of employees presently under contract with other labor organizations, advertising depart-
ment employees, nurses, executives, merchandise managers and their assistants , buyers,
floor managers , confidential-executive secretaries , department heads, the training director,
piot6etive department employees , college and cooperative students , officers of the Em-
ployer , employees who are employed as casual or per diem employees or "on call" basis
for some special purpose, seasonal employees or employees employed for a limited period
of not more than 30 days , and contingent employees having a normal .worlyweek , of less than
14 hours.
6 The Employer has negotiated a number of collective bargaining agreements with
Department Store and Warehouse Employees Union, Local 1499, Retail Clerks Interna-
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Teamsters' unit request: All departments in the unit sought
by the Teamsters, except the warehouse,, are located in the Employer's
New York store.7 Each is supervised by a department head, who is
responsible to the assistant store operations manager. Incoming mer•
chandise is unpacked, inspected, and ticketed by employees in the
receiving and marking department. Merchandise for the branch
stores at White Plains and Boston, is tagged and marked by employees
in the branch stores department. Merchandise to be sold in the New
York store is transported to the selling floors by receiving room em-
ployees, or, on occasions, by selling department employees. It is then
put into the stockrooms by stock clerks from selling departments.
Packing and wrapping department employees work in the central
packing room in the store basement, and at packing and wrapping
desks located in the various selling departments. These desks are im-
mediately adjacent to the selling departments to which they are at-
tached. Merchandise to be sent to customers is packed, wrapped, and
addressed on the selling floors, and dropped down a package chute into
the delivery department. Employees in this department sort pack-
ages according to local delivery areas, and deposit them in United
Parcel bins. Packages to be sent parcel post, and those to be exported,
are weighed for the required postage by these employees. The em-
ployees in the return goods department unwrap and inspect merchan-
dise returned to the store through the mail, and then send it to the
-.proper selling department. There a further examination is made to
determine whether or not the merchandise should be accepted for
-return.
-. Ordinarily there is no transfer' of employees between the selling
and nonselling, departments., In busy seasons, however, employees
from the stockrooms attached to the selling departments may be de-
tailed,to the receiving room if there is a shortage of help there, and
employees -from the sales audit department may be temporarily trans-
ferrdd to the receiving room or, the branch stores department. The
employees in the unit proposed by the Teamsters have the same bene-
tional Association , AFL, covering employees in the Employer 's display department at its
New York City store. There are no display department employees working in the Em-
ployer 's other stores. -
" The Employer does not have a merchandise warehouse . It rents warehouse space
in another building in New York City for, the,•storage of old,store records, fixtures , furni-
ture not , being used in the New York store, box_ es and packing material . This department,
also referred to as the dead storage department in the record , is staffed by two part-time
employees , one of -whom keeps up the heat; , the other takes care of the old records stored
there. ' °
•7,There are 29 employees in the receiving and marking ,,department ; 9 in the -branch
, stores !,department , which -includes. the charge -back section ; 6 in the inside delivery
department ; 46. In the packing and, wrapping , department ; and 3 In the return goods
department.
11 -
BONWIT TELLER, INC. 417
fits and privileges, and work under the same conditions, as do other
employees in the store.
The departments sought by the Teamsters are integral parts of the
Employer's operations. It is clear from the record as a whole that
the work of these employees is integrated with that of other store
employees, and that the interests of all employees with respect to
wages, hours, and working conditions are closely allied. We are of
the opinion that the interests of the employees whom the Teamsters
seek to represent are not sufficiently severable and distinct from those
of the Employer's other store employees to warrant establishing them
as a separate unit. We find that the unit requested by the Teamsters
is inappropriate for collective bargaining purposes." We shall there-
fore dismiss the petition for separate representation of these employees.
Scope of the unit: The Employer operates a main store at New York
City, and 2 branch stores at White Plains and Boston. In the pro-
posed units, there are approximately 900 employees in the New York
store, 150 in the Boston store, and 65 in the White Plains store.9
Centralized management of all three stores is operated from New
York, where all purchases of merchandise, equipment, and supplies are
made by company buyers in the New York store. All merchandise
is received initially in the New York store. That allocated to the
branch stores is then shipped to White Plains and Boston. All policies
relative to merchandising,10 prices, personnel, and wages are formu-
lated in the executive offices in New York. The branch stores are
headed by store managers who are responsible for' seeing 'that these
policies are adhered to." Close control is maintained through fre-
quent visits to the branch stores by the Employer's executives 12
8 The Board has recognized a unit of selling and nonselling employees as appropriate
for department stores Matter of Montgomery Ward & Company , Incorporated, 78
N. L. R. B. 1070. Cf. Matter of Bloomingdale Brothers , Inc., 81 N L. R. B. 1252 ; Matter
of The Robinson -Schwenn Store, 83 N. L R B. 35
9 The White Plains store is about 25 miles from the New York store, and the Boston
store is approximately 229 miles from New York For a few months during the winter
season, the Employer also operates a store at Palm Beach, Florida. In, addition to about
5 employees sent down from the New York store for this season , the Employer hires ap-
proximately 25 temporary employees to staff this store.
11 The amount of inventory that is carried in the branch stores is established in New
York . Variations may be made on the recommendation of assistant buyers in the branch
stores if approved by the New York buyers.
11 Assistant buyers are in charge of the selling departments in the branch stores, and
department heads are in charge of the nonselling departments. These employees are
responsible to the branch store managers . The branch store managers come to New
York at least once every 2 weeks to consult with the Employer 's officers, the various
department heads and buyers. Assistant buyers in the branch stores come to New York
about four times a year.
12 Each of the Employer 's officers visits the branch stores at least once a month. The
New York buyers go to the White Plains store 6 to 12 .times a year, and to the Boston
store 4 to 6 times a year.
418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The stores are all served by a single accounting office in New York.
Checks received in payment of charge accounts in the branch office
are sent to New York for deposit; 'cash payments are deposited in the
local banks. The pay roll for all personnel is computed in the New
York office, and pay envelopes for all employees are prepared there.
The pay envelopes for the branch stores are mailed to them, together
with a single check to cover the pay rolls. The pay-roll checks are
cashed at local banks, and the pay envelopes filled at the branch stores
in accordance with specific instructions from the New York office.
The advertising department in New York takes care of all adver-
tising for the branch stores. Newspaper advertisements that appear
in the White Plains and Boston newspapers are written up in the New
York advertising office and forwarded to the newspapers in those
cities for insertion.
- All hiring for the branch stores is done locally, and the rate for
individual employees is within the discretion of branch store man-
agers '3 Salary increases for branch store personnel, however, are
subject to final approval by the New York office. Training of new
employees-is done at the branch stores by department heads and as-
sistant buyers in the branch stores.14 Each store maintains its own
seniority list, which is used in the event of a reduction in personnel.15
. Uniform working conditions, hours of employment," and personnel
policies prevail in all three stores, and all employees enjoy like vaca-
tions,17 discount privileges,ls group insurance, and hospital and sur-
gical benefits. Although the nature of their duties is similar, there
is ordinarily no interchange of employees, below the supervisory level,
among the three stores.
Under all the circumstances, we believe that a unit confined only
to the employees at the New York store, as proposed by the Intervenor,
is inadequate in scope, and therefore inappropriate for collective bar-
gaining 19 The above facts indicate, and we find,,that the appropriate
' 11 The branch 'store managers must . operate within a budget authorized by the New York
office. Contingent employees are paid a flat rate which is the same for all stores
14 Training in the branch stores is according to criteria set up by the training department
in New York
15 Seniority accumulated at any of the stores is recognized by the other stores if em=
ployees transfer from one store to another.
1e The woi kweek and hours of employment for the branch stores are determined in New
York
17 Vacation schedules prepared bathe blanch stores for their personnel must be approved
by the personnel department in New York before they become effective
18 Employees are entitled to use their discount privileges in any of the three stores upon
proper identification
• 39 Cf. Matter of The Grand Union Company, 81 N L R'B 1016, Matter of C. Pappas
Company , Inc., 80 N L R B 1272. Matter of-Dun & Bradstreet, Inc., 80 N L R B 56;
Matter of National Brands , Inc, 81 N L R B 1163, Matter of Westbrook Enterprises,
Inc., 79 N L It. B 1032.
BONWIT TELLER, INC. 419
unit may consist of employees of all three stores in a single unit., In
view of the proximity of the New York and White Plains stores, we
believe that the employees in these two stores should, in any event,
be included together in one unit for bargaining purposes. Because,
however , of the distance of the Boston store from the New York store,
and the lack of interchange of employees between these stores, we find
that the employees in the Boston store alone may properly constitute
a separate appropriate unit.
We shall direct that separate elections be held in the following
voting groups, and shall defer our determination as to the scope of
the unit until the results of these elections have been ascertained :
(1) All regular full and part-time employees at the Employer's New
York City and White Plains, New York, stores, whether employed at
wages, salaries , commissions, or any combination thereof, including
employees in leased departments, models, demonstrators, executive
sales employees, publicity department employees, personnel depart-
ment employees,20 pay-roll and accounting department employees,
draftsmen, and assistant department heads who do not effectively rec-
ommend hiring and discharge of employees, but excluding assistant
buyers, employees presently under contract with other labor organiza-
tions, advertising department employees, nurses, merchandise man-
agers and their assistants, buyers, floor managers, confidential-execu-
tive secretaries, department heads, the training director, protective
department employees, college and cooperative students, employees
who are employed-as casual or per diem employees or "on call-"basis for
some special purpose, seasonal employees or employees employed for a
limited period of no more than 30 days, and contingent employees hav-
ing a normal workweek of less than 14, hours, executives and officers
of the Employer, guards, and all supervisors as defined in the Act.
(2) All. regular full and part-time employees at the Employer's
Boston;' Massachusetts, store, whether employed at, wages,, salaries;
commissions, or any combination thereof, including employees in leased
departments, models, demonstrators, executive sales employees, pub-
licity,department employees, personnel department employees, pay-
roll and accounting department employees, draftsmen, and ; assistant
department heads who do not effectively recommend hiring and dis-
charge of employees but excluding assistant buyers; employees pres-
ently under' contract with other labor organizations, advertising
department employees, nurses, merchandise managers and their assist-
ants, buyers, floor managers, confidential-executive secretaries, depart-
20 The employee in the personnel department who interviews applicants foi employment is
to be excluded from both voting groups .
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment heads, the training director, protective department employees,
college and cooperative students, employees who are employed as
casual or per diem employees or "on call" basis for some special purpose,
seasonal employees or employees employed for a limited period of no
more than 30 days, and contingent employees having a normal work-
week of less than 14 hours, executives and officers of the Employer,'
guards, and all supervisors as defined in the Act.
If the employees in the two voting groups select the Amalgamated,
they will be taken to have indicated their desire to constitute a single
unit.
There remains for consideration the disputed categories, all of whom
the Employer contends should be excluded from any appropriate unit.
Assistant department heads: There are approximately 15 assistant
department heads in the nonselling departments of the New York
store21 They are responsible for distributing work to employees in
their departments, checking the employees' attendance, seeing that
the employees do their work, and maintaining promised alteration
schedules. Some of these employees do the same work as do others in
their department; others do not, except when there is a shortage of
help in the department. While in theory' all assistant department
heads have a right effectively to recommend hiring and discharge of
employees, as a matter of actual practice only 4 assistant department'
heads actually make such recommendations.'
On the facts before us it does not appear that these employees have
the authority "responsibly to direct" within the meaning of Section
2 (11) of the amended Act. We have held that the occasional and
sporadic exercise of supervisory powers is not sufficient basis on which
to exclude employees from a unit.23' We find in the present case that
only those assistant department heads who exercise the authority effec-
tively to recommend hiring and discharge are supervisors within the
meaning of the Act, and shall exclude those four from the unit. Ac-
cordingly, the remaining assistant department heads shall be included
in the unit.
Assistant buyers: There are approximately 28 assistant buyers in the
New York store, 3 in the White Plains store, and 8 in the Boston store.
Those in the New York store spend about 10 percent of'their time in
selling merchandise, and those in the White Plains'and Boston stores
21 There are no assistant department heads in the branch stores The assistant depart-
ment heads are in the following departments pay roll , authorizing , addressograph , receiv-
ing, branch stores, packing and wrapping , style counsel , inside delivery , customers ' return,
and alteration.
'There-are two assistant department heads in the alteintion department, one in the
packing and wrapping department , and one in the receiving room who participate in the
hiring and discharge of employees in their respective departments.
23 Matter of Wodaam Corporation ( Radio Station WOV), 83 N L R. B. 335.
BONWIT TELLER, INC. 421
spend about 25 percent of their time in selling.24 The assistant buyers
in the New York store follow up all outstanding merchandise orders to
make sure that the merchandise is received, route bills through for pay-
ment, keep unit control records up to date, handle general supervision
of clerical work in the buyer's office, including the return of merchan-
dise to manufacturers, and go into the market with the buyers to keep
abreast of the merchandise situation. They are responsible for seeing
that their departments are staffed with the required number of sales,
stock, and clerical employees, and that these employees are doing a
satisfactory job. Assistant buyers in the branch stores are responsible
for the operation of their particular departments, for seeing that mer-
chandise is promptly received from New York, checked in and put into
stock, that their departments are sufficiently staffed, and that the
customer service in their departments is good. All assistant buyers
participate in the semiannual rating of employees in their depart-
ments, and may effectively recommend the hiring and discharge of
employees. We find that the assistant buyers are supervisors and
shall exclude them from the unit 25
Executive sales personnel: The Employer contends that the five
executive sales employees at the New York store should be excluded
from the unit on the ground of a diversity of interests from the other
sales personnel. These employees are paid on a straight commission
basis with no guaranteed salary, whereas the other salespeople are
paid a salary plus commission. Their average salaries are higher than
that of the regular selling force, but not higher than that of other
employees agreed to be included in the unit. They are not attached to
a particular department for pay-roll purposes, but are assigned to a
particular department for purposes of supervision, direction, and
control .211 They are responsible to the buyer of the department to
which they are assigned. Approximately 90 percent of their time
is spent in waiting on their own special customers; the remainder of
their time they sell to regular customers. Their work is not restricted
to any one department; they have the right to sell in any department
in the store. Theoretically, their working hours are the same as those
of other employees, but they are not required to keep regular store
hours 27 They are covered by the retirement, group insurance, and
24 Assistant buyers sell only when the store is busy, and there are not sufficient sales-
people to handle the volume of business -
25 Matter of The Robinson -Schwenn Store, 83 N L. R. B. 35.
ze Two employees in this group have assistants assigned to them by the personnel de-
partment , who work as stock clerks . The record does not indicate that the executive sales
employees exercise any supervisory authority over these assistants.
27 They have no paid holidays or vacations , and they sometimes work more than 35 hours.
They may model merchandise after store hours at customers ' homes.
422 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
surgical plans, and have the same discount privileges as other
employees. '
Although these employees, because of their superior skill and ex-
perience, have what may be deemed to be more responsible positions
than the rest of the sales force, they remain essentially sales per-
sonnel, performing the usual functions of 'such employees. There is
no reason for their exclusion from the unit other than their superior-
ity in skills and the difference in the mode' of their payment.28 We
find that the Employer's contention that they lack a community of
interest with the remainder of the sales personnel is without merit, and
shall include the executive sales group in the unit.
Personnel department employees': The Employer argues that these
lour employees are confidential employees and should be 'excluded
from the bargaining unit because they have access to all personnel
records, know when any, changes in employee status 'are proposed,
and know of employee reprimands, personnel- ratings; and written
complaints from customers concerning employees. The Amalgamated
agrees with the Employer's position, while the Intervenor would in-
clude them in the unit.
One employee in this group does all interviewing of rank and file
employees. She may recommend the hiring of employees whom she
has interviewed to the head of the department where'the vacancy
exists. We shall, therefore, exclude her from the unit.
Another employee works primarily on group insurance, to see that
all employees are covered at the proper time for the appropriate
amount The third employee is responsible for keeping the personnel
records up to date. The fourth is secretary to the personnel director,
and also works as a general clerk in'the personnel department. Each
of these employees is familiar with the work of the others, ' and all
have access to the personnel files. -
Although these three employees' have access to records' and report's
which the Employer considers confidential,' the record does not show
that they assist or act in a confidential capacity to persons exercising
managerial functions in the field of labor relations. We find that they
are not confidential 'employees. We shall; therefore, include,them -in
the unit.29
28 The Board has'held that these factors are not sufficient justification for excluding
employees from a unit , where the employees possess interests and perform duties similar
to those of other employees iiicluded ' in'the unit Matter ' of Wm P McDonald Corpora-
tion, 83 N L R. B 427; 'illatter of Wilson & Co,'Inc ,'81 N. L R B 501. ' '
2n Matter of Inter-Mountain Telephone' Company, 79 N. L. R B.'-715'; Matter of Anto-
matie Electric Company, 78 N L It B. 1057.
11
' , ' ^ BONWIT TELLER, INC. 423
nd- pay-roll department employees :,30 The, EmployerAccounting a pa - '
urges that the accounting department' employees are professional and
confidential employees, and that the employees in the pay-roll depart-
ment are confidential employees, and, should be excluded from the
unit. , '
There are four employees'in the accounting department. A junior
accountant prepares the general entries that go into the general books,
works-on journals that go into the general books, does expense analysis
work, and assists in the preparation of the financial statements. A
bookkeeper posts the general books, draws off the trial balance at the
end of the month, and assists other employees in the department to
prepare the operating statements. An assistant bookkeeper prepares
the departmental profit and loss statements, helps with the preparation
of the monthly financial statements, and reconciles the various bank
accounts once a month. There is one employee who helps on the
bank reconciliations and to whom all bills are sent before they are
paid, to be checked for accuracy and to see that all necessary signatures
are on them. All four employees have a knowledge of the Employer's
financial position. None has to be a C. P. A., and a college .eduction
is not required as a condition of employment.
There are 'four employees in the pay-roll department who prepare
the pay rolls for all employees in the three stores, except' executives,
arrange with the bank to secure the required cash, and make up the
pay envelopes for employees in the New York store. They make a
bookkeeping record of each pay roll, which is necessary for accounting
and tax purposes., These employees know the wages and salaries of
all employees.
It does not appear` that the work of the accounting department
employees meets any of the requirements of a professional employee
contained in the amended Act.- None of the employees in either
department assists or'acts in a confidential capacity to persons exer-
cising managerial functions in the field of labor relations. 'We find,
contrary 'to the Employer's contention, that the accounting and pay-
roll department employees' are' neither professional nor confidential
employees, and shall include them in the unit 32
3" These departments are part of the Employer 's accounting division , which also includes
the following departments : statistics, tabulating , sales audit, accounts ' payable, and sash
office. The Employer agrees to the inclusion of all accounting division departments. in the
unit, except the accounting and pay -roll departments
31 Matter of Union Electric Power Company , 83 N. L. it. B. 872 ; Matter of San
Marcos Telephone Company, 81 N. L R B 314 ; Matter of Inter-Mountain Telephone Com-
pany, 79 N. L. R B. 715 ; Matter of Automatic Electric Company , 78 N'L ' R. B 1057 '
32 Matter of W. K. B. H, Inc ., 81 N. L R B.'63; Matter of United States Gypsum Com-
pany, 81 N L. R B 182; Matter of Sears, Roebuck it Co., 76 N L R B 167.
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Publicity department employees: The Employer contends that the
employees in this department are professional and confidential em-
ployees. These employees handle promotional work and publicity for
new executive personnel, obtain free newspaper publicity for the
Employer, and arrange fashion shows. Their salaries are from 50 to
75 percent higher than that of most employees. There are, however,
employees agreed to be included in the unit who receive higher com-
pensation than the publicity department employees. A college -degree
is not required for employment in this department. There appears
to be no justification in the record for the Employer's contention that
these employees are either professional or confidential employees
within the meaning of the amended Act. We shall include them in
the unit.
Draftsmen: The, Employer urges that the draftsmen be excluded
from the unit as professional employees. There are three employees
in this category who work under the direction of the Employer's
architect. Although two of these employees have college degrees, a
college education is not required for employment as a draftsman.
The draftsmen prepare plans to be used by the Employer in the
erection of new stores, and to effectuate changes in the physical struc-
ture of those which are in operation. All contemplated plans are
discussed first by the Employer's executives with the architect. The
latter makes a rough sketch of what is to be done. These sketches are
then turned over to the draftsmen to work out in detail. After the
plans are laid out on paper, it is the responsibility of the draftsmen to
decide what materials are necessary for the work, and to estimate the
cost of the materials and the time requirements of the job. They have
only very limited supervision of the actual work.
In view of the above facts, we find that the draftsmen are at most
highly skilled technical employees, and are not professional employees
within the meaning of the amended Act. We shall, therefore, include
them in the unit.
5. The Intervenor contends that, because of the pendency of certain
unfair labor practice charges filed by the Intervenor against the
Employer, '13 the Board should not direct an immediate election in this
proceeding. Inasmuch as these charges have been dismissed by the
Regional Director, we find no merit in this contention and shall direct
an immediate election.34
3 Case No. 2-CA-741, filed on April 18 , 1949, and Case No. 2-CA-775, filed on May 12,
1949. They involve the New York and White Plains stores.
34 Cf. Matter of Columbia Pictures Corporation , 81 N. L. R. B 1313.
BONWIT TELLER, INC.
DIRECTION OF ELECTIONS 35
425
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elections
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 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 employees in the respective units indicated
below, 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, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the elections :
(1) Among employees in the Employer's New York City and White
Plains stores in the unit found appropriate in paragraph numbered 4,
above, to determine whether or not they desire to be represented for
the purposes of collective bargaining, by Amalgamated Clothing
Workers of America, CIO, or by Retail Clerks International Associa-
tion, AFL, or by neither ; and
(2) Among the employees in the Employer's Boston store in the
unit found appropriate in paragraph numbered 4, above, to determine
whether or not they desire to be represented by Amalgamated Clothing
Workers of America, CIO, for the purposes ,of collective bargaining.
ORDER
IT IS HEREBY ORDERED that the Petition filed in Case No. 2-RC-859 by
Local 804, International Brotherhood of Teamsters, AFL, be, and
it hereby is, dismissed.
ib Any participant in the election herein may , upon its prompt request to, and approval
thereof by, the Regional Director , have its name removed from the ballot.
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