Dowd's Radio and Electric Co.

National Labor Relations Board - Board Decisions

Oct 4, 1950

91 N.L.R.B. 640 (N.L.R.B. 1950)

Ill the Matter of DOWD's RADIO AND ELECTRIC COMPANY, EMPLOYER and
LOCAL UNION No. 1423, INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS , AFL, PETITIONER
Case No. 5-RC-624.Decided October 4,1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Harold 'G. Biermann,
hearing officer. 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 power in connection with this case to a three-member
panel [Chairman Herzog and Members Murdock and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees of
the Employer.
3. No 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 Act, for the following
reasons:
The Petitioner seeks a unit of all radio and television installers,
servicemen, technicians, and helpers, excluding clerical employees,
deliverymen, all other employees, and all supervisors as defined in the
Act. The Employer contends that the proposed unit is inappropriate
because: (1) It is not a departmental unit but comprises less than
one-half of the Employer's service department; and (2) it is neither
comprised of nor confined to recognized craft workers and their
apprentices. The Employer has no history of collective bargaining.
The Employer is engaged in Washington, D. C., in the retail sales
and service of television sets, radios, kitchen equipment, phonograph
records, and all types of electrical equipment.
The Employer's operations are divided into 5 departments : (1)
the overhead department, consisting of 6 employees in the office;
91 NLRB No. 121.
640
DOWD'S RADIO AND ELECTRIC COMPANY 641
(2) the sales department, consisting of 9 employees, including the sales
manager and the sales promotion and training manager; (3) the service
department, consisting of 25 employees, under the supervision of the
service manager ; (4) the kitchen equipment department consisting
of 2 salesmen; and (5) a retail branch store, located in Arlington,
Virginia, staffed with 2 salesmen.
All employees are under the general supervision and control of
the Employer's owner and its general manager, Robert T. Dowd. The
sales manager hires the employees in his section, though usually Dowd
confirms the action. The overhead manager and the service manager
hire the employees needed in their respective departments. All em-
ployees punch the same time clock, with the exception of supervisors
and some sales persons. A central payroll record system is kept for
the various departments. All employees work substantially the same
hours and have similar vacation benefits.
IThe Employer's pay methods vary greatly. The Employer stated
it uses whatever system seems to provide the greatest incentive for
the employee and the greatest benefit for the company. Among the
different types used are straight salary, commission with a draw,
straight commission, sharing the profits, salary and a commission,
salary or a commission, and commission with a guarantee. Salesmen,
for example, are permitted to draw against commissions and are paid
a percentage of all their sales. The television-servicemen-outside
work on a piece basis and a percentage on accessories or repairs. The
servicemen-major-appliances and the electricians receive a salary plus
a commission on all sales or service over a set figure. All servicemen
on the outside are paid a bonus for all new repair work brought in.
. The service department is composed of six groups : the service
manager and the service clerk, radio and television installation and
service, the electrical shop which repairs small appliances, the out-
side electricians and major appliance servicemen, the parts runner,
and the truck drivers and their helpers. The service manager super-
vises and directs the employees in the proposed unit as well as the
electricians, electric appliance repair and servicemen, the parts run-
ner, and the truck drivers. The employees sought by the Petitioner
possess varying degrees of skills acquired mostly from work experi-
ence on the job. There is no standard or recognized training or
apprenticeship required by the Employer, and the employees sought
do not qualify as journeymen electricians or machinists. The em-
ployees in the service department generally work on the equipment
which they have been trained to handle. Because of seasonal trends,
however, some employees installing, delivering, or servicing certain
appliances are called upon to assist in delivery and installation of
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other appliances and equipment; this is especially true of television
installers or television helpers. Although-the service employees pri-
marily service merchandise, the activities of the group are not confined
to 'any one task, as indicated by the compensations paid the service
employees for their own sales efforts of parts and services.
It is clear that the employees sought comprise only a segment of
the Employer's service department. As these employees are neither
craftsmen nor do they otherwise constitute a distinct and homogeneous
group, with interests differing from those of the other employees,
such as we have recognized may be separately represented, we find
that they do not constitute a unit appropriate for the purposes of
collective bargaining., Accordingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
'Grinnell Brothers , §8 NLRB 397 ; Montgomery Ward & Co.; Inc., 89 NLRB 1370, 88
NLRB 615, 82 NLRB 1059.