Canadian Fur Trapper Corp.

National Labor Relations Board - Board Decisions

Jan 13, 1938

4 N.L.R.B. 904 (N.L.R.B. 1938)

In the Matter Of CANADIAN FUR TRAPPERS CORPORATION , CANADIAN
FUR TRAPPERS OF NEW JERSEY, INC., JORDAN 'S INC., MORRIS DORN-
FELD doing business as WERTH 'S WEARING APPAREL,' and DEPART-
MENT AND VARIETY STORES EMPLOYEES UNION, LOCAL 1115-A 2
Case No. R-.357.-Decided January 13, 1938
Retail Ladies Wearing Apparel-Invesligat?on of Representatives : controversy
concerning representation : refusal by employer to recognize and bargain with
union until question of representation is determined by Board-Unit Appropriate
for Collective Bargaining : all employees except extra Saturday help, store
managers , and supervisory employees ; organization of business ; history of
organization among employees involved; history of collective bargaining relations
with employer ; no controversy as to-Election Ordered
Mr. Wilt Maslow, for the Board.
Mr. Henry Gottfried, of Newark, N. J., and Mr. Harold F. Berg,
of New York City, for the Employers.
Mr. Samuel L. Rothbard, Mr. Sol D. Kapelsohn, and Mr. Robert
Brown, of Newark, N. J., for the U. R. E.
Mr. Leon Schechter, of Newark, N. J., for the'D. V. S. E.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TFIE CASE
On September 8, 1937, Department & Variety Stores Employees
Union, Local 1115-A, Retail Clerks International Protective Asso-
ciation, affiliated with t1 American Federation of Labor, herein
called the D. V. S. E., filed with the Regional Director for the Sec-
ond Region (New York City) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Canadian Fur Trappers Corporation, Canadian Fur
Trappers of New Jersey, Inc., Jordan's Inc., and Morris Dornfeld,
doing business as Werth's Wearing Apparel, Newark, New Jersey,
I At the hearing it was stipulated that the correct names of the employers are as
stated above All orders and pleadings herein are hereby amended to conform to the
stipulation
'On motion of eounsel for the Board, the name of the petitioner in the naptaen of
this case has been amended to read as set forth above
904
DECISIONS AND ORDERS 905
and Paterson, New Jersey, herein called the Employers,s and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On,October 22, 1937, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On October 25, 1937, the-Regional Director issued a notice of hear-
ing, copies of which were served upon each of the Employers 4 and
upon Retail Sales Clerks Union of New Jersey, now known as
United Retail Employees of America, Local 108, and herein called
the U. R. E., a labor organization claiming to represent employees
directly affected by the investigation. Pursuant to the notice, a
hearing was held on November 1 and 3, 1937, at New York City,
before H. R. Korey, the Trial Examiner duly designated by the
Board. The Board and the Employers were represented by counsel ;
the D. V. S. E., by its business manager. All participated in the
hearing. The U. R. E. was represented by counsel, and appeared
twice at the hearing for the purpose of making motions and entering
objections . - 'Full opportunity to be heard, to examine and to cross-
examine witnesses , and to introduce evidence bearing on the issues
was afforded all parties.
Over the objection of the U. R. E., the Trial Examiner admitted
evidence pertaining to compliance by the Employers with a previous
order of the Board in a related case.5 The evidence did not bear
upon the issues of the instant proceeding, and should not have been
received. However, the ruling of the Trial Examiner in this respect
was not prejudicial error. During the course of the hearing, the
Trial Examiner made several rulings on motions, and on objections
to the holding of the hearings and to the admission of other evi-
8 Before amendment by the Board ( see Note 1 , supra ), the petition described the
Employers as : Canadian Fur Trappers Corp, Canadian Fur Trappers of New Jersey Inc..
Jordan 's Inc .. and Morris Dornfeld , doing business as Worth Wearing Apparel.
4 Copies of the notice were addressed to Canadian Fur Trappers, Inc., to Canadian
Fur Trappers of New Jersey , to Jordan's Inc ., and to Morris Dornfeld doing business
as Worth Wearing Apparel.
e Matter of Canadian Fur Trappers Corporation , Canadian Fur Trappers of New Jersey,
Inc., Jordan's Inc., Morris Dornfeld , doing bus iness under the name of Worths Wearing
Apparel and Retail Sales Clerks Union of New Jersey, 3 N L R B 580
8 On September 20, 1937 , the U. R E filed with the Regional Director a charge alleging
in substance , among other things, that the Employers herein dominated and controlled
the D . V. S E, and were intimidating their employees , and coei cing and compelling
them to abstain from men3bership in the U. R E and to become and remain members of
the D V S E On October 22, 1937, after due investigation, the Regional Director dis-
missed the charge The U R E thereupon on October 30. 1937 requested the Board to
review this action of the Regional Director It was the contention of the U R. E ,
which entered the above objections. that the instant hearing upon representation of em-
plowcea could not properly be held until the merits of the above charge were finally
determined
906 NATIONAL LABOR RELATIONS BOARD
dente. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed. There was reserved for determination by the
Board a ruling on a motion by counsel for the Board to defer decision
of this case until the Board had reviewed the action of the Regional
Director in dismissing a charge against the Employers previously
filed by the U. R. E 7 The Board has heretofore reviewed and
affirmed the described action of the Regional Director.$ The motion
has therefore become moot.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYERS
The Employers are engaged in the purchase and sale of women's
fur and cloth coats and other women's apparel, operating retail estab-
lishments in the States of New York and New Jersey. Three stores
are conducted at Newark, New Jersey, through Jordan's Inc., a New
Jersey corporation, through Canadian Fur Trappers of New Jersey,
Inc., likewise a New Jersey corporation, and through Morris Dorn-
feld, an individual, doing business as "Werth's Wearing Apparel".
The fourth New Jersey store of the Employers, located at Paterson,
is also operated in the name of Jordan's Inc. Central buying and
managerial offices for all stores are maintained by the Employers in
New York City, in the same building in which a retail business is
carried on through Canadian Fur Trappers Corporation, a New York
corporation.
All the Employers are controlled and dominated by the members
of a single family group, who own substantially all the stock and act
as officers and directors of the corporations, divide among themselves
the profits of "Werth's Wearing Apparel", and determine and admin-
ister all policies of the Employers, including labor policies. Together
the Employers form a unified and integrated enterprise.
Few purchases are made by the individual stores. Substantially all
merchandise sold by the Employers in New Jersey is billed and deliv-
ered by the wholesalers to the New York offices, from where it is
distributed as needed, by truck or railway express, to the four New
Jersey stores., There is some movement of damaged and defective
goods from New Jersey back to New York City.
Thd average annual volume of business of the four New Jersey
stores is over $725,000. Their annual advertising bill amounts to
about $72.500. Pay rolls average over $2,225 per week, for the four
stores.
7 See Note 6, supra. The reference here is to the same charge.
8 On December 10, 1937.
DECISIONS AND ORDERS 907
The Employers advertise their merchandise over the radio, through
the mails, and in newspapers having a circulation in more than one
state, and have a registered trade mark used in interstate commerce.9
Counsel for the Employers stipulated that they are engaged in
commerce within the meaning of Section 2 (6) and (7) of the Act,
.and are subject to the jurisdiction of the Board.
II. THE ORGANIZATIONS INVOLVED
Department & Variety Stores Union, Local 1115-A, Retail Clerks
International Protective Association, is a labor organization affiliated
with the American Federation of Labor. It admits to its member-
ship all persons employed by the Employers in the State of New
Jersey except executives and supervisors.
United Retail Employees of America, Local 108, is a labor organi-
zation affiliated with the Committee for Industrial Organization. It
admits to its membership persons employed by the Employers.
III. THE QUESTION CONCERNING REPRESENTATION
The Board has heretofore ordered the Employers to cease and
desist from bargaining collectively with any labor organization unless
and until such labor organization has been selected in an election
conducted by the Board as the bargaining agent of the employees of
the Employers.10 No such election has been conducted by the Board.
'The D. V. S. E. claims to represent substantially all persons employed
by the Employers in their four stores located at Newark, New Jersey
and Paterson, New Jersey, and desires to bargain collectively with
the Employers. No evidence was introduced nor claims made by any
party with respect to the representation of other persons employed
by the Employers.
We find that a question has arisen concerning representation of
persons employed by the Employers in their four stores located at
Newark, New Jersey, and Paterson, New Jersey.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Employers
set forth in Section I above, has a close, intimate, and substantial
9 All of the above findings of fact concerning the business of the Employers have been
made either in accordance with the written stipulation which was introduced into evidence
(Boards Exhibit No. 2), or in pursuance to oral stipulations entered into at the bearing
between counsel for the Board and for the Employers.
10 Matter of Canadian Fur Trappers , Corporation, et at., 3 N. L. R. B. 5800.
908 NATIONAL LABOR RELATIONS BOARD
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Employers' stores at Newark, New Jersey, sell similar articles
of apparel, transfer merchandise and clerks back and forth between
them as needed, and have an intercommunicating telephone system.
It would appear that these three stores and the fourth in nearby
Paterson, New Jersey, together have been considered the agreed unit
in previous collective bargaining, and that union organization has
been consistent with this practice. The D. V. S. E. contended at the
hearing that all of the approximately 70 persons employed in the four
New Jersey stores of the Employers, excepting executive and super-
visors, constitute a unit appropriate for the purposes of collective
bargaining. No objection to such a unit was made by any of the
parties.
Upon consideration of the record, the Board inclines to the view
that store managers should be specifically excluded from the unit
because of their necessarily numerous supervisory duties, and extra
Saturday help because of the temporary tenure of their employment.
We find that all persons employed by the Employers in their four
stores located at Newark, New Jersey, and Paterson, New Jersey,
excluding extra Saturday help, store managers, executives, and super-
visors, constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Em-
ployers the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The question of representation which has arisen will properly be
resolved by means of an election by secret ballot. Evidence intro-
duced at the hearing indicated that some of the employees are mem-
bers of the U. R. E. The representative of the D. V. S. E, stated
he had no objection to the name of the U. R. E. appearing on the
ballot. We will so provide.
There being no expression of a different preference in determining
eligibility to vote, we will select the last pay roll period preceding
the date of the filing of the petition.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of persons employed by Canadian Fur Trappers Corpora-
DECISIONS AND ORDERS 909
tion, Canadian Fur Trappers of New Jersey, Inc., Jordan's Inc.,
and Morris Dornfeld, doing business as Werth's Wearing Apparel,
in their four stores located at Newark, New Jersey and Paterson,
New Jersey, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All persons employed by the Employers in their four stores
located at Newark, New Jersey and Paterson, New Jersey, excluding
extra Saturday help, store managers, executives, and supervisors,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DiREcTE D that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Canadian Fur Trappers Corporation, Canadian Fur Trappers
of New Jersey, Inc., Jordan's Inc., and Morris Dornfeld, doing
business as Werth's Wearing Apparel, Newark, New Jersey, and
Paterson, New Jersey, an election by secret ballot shall be conducted
within fifteen (15) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all persons employed by Canadian Fur Trappers
Corporation, Canadian Fur Trappers of New Jersey, Inc., Jordan's
Inc., and Morris Dornfeld, doing business as Werth's Wearing
Apparel, in their four stores located at Newark, New Jersey, and
Paterson, New Jersey, during the pay roll period immediately pre-
ceding September 8, 1937, excluding those who have since quit or
been discharged for cause, and excluding extra Saturday help, store
managers, executives, and supervisors, to determine whether they
desire to be represented by Department & Variety Stores Union,
Local 1115-A, Retail Clerks International Protective Association,
affiliated with the American Federation of Labor, or by United Re-
tail Employees of America, Local 108, affiliated with the Committee
for Industrial Organization, or by neither.