Famous-Barr Co.

National Labor Relations Board - Board Decisions

Jun 13, 1945

62 N.L.R.B. 375 (N.L.R.B. 1945)

In the Matter of THE MAY DEPARTMENT STORES COMPANY D/B/A FA-
MOUS-BARR COMPANY and ELEVATOR OPERATORS AND STARTERS, LOCAL
50-E, A F L.
In the Matter of THE MAY DEPARTMENT STORES COMPANY D/B/A FA-
MOUS-BARR COMPANY and LOCAL 372, UNITED RETAIL, WHOLESALE,
AND DEPARTMENT STORE EMPLOYEES OF AMERICA , C. I. O.
Cases Nos. 14-R-779 and 14-R-794, respectively
SECOND SUPPLEMENTAL DECISION
DIRECTION
AND
ORDER
June 13, 1945
On January 1, 1944, the National Labor Relations Board issued a Deci-
sion and Direction of - Elections in the above-entitled proceedings,' on
March 31, 1945, a Supplemental Decision and Order Setting Aside Elec-
tions,' and on April 24, 1945, a Second Direction of Elections. Pursuant to
the Second Direction of Elections, and in accordance with the Rules and
Regulations of the Board, the Regional Director, on May 21 and 22, 1945,
conducted separate elections among elevator operators and among general
store employees in respective units previously found to be appropriate for
such employees Tallies of ballots were prepared and duly served on the
parties. No objections to the tallies of the ballots or to the conduct of the
elections have been filed by any of the parties.
As to the election among general store employees, the results are as
follows:
Approximate number of eligible voters 2914
Valid votes counted 2447
Votes cast for Local 372, CIO 970
Votes cast against participating Union 1477
1 54 N. L. R. B. 230
2 61 N. L. R. B. 258
62 N L. R B., No 56.
375
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Challenged ballots 208
Void ballots 20
Since no bargaining representative has been selected by a majority of
employees voting in this election, we shall dismiss the petition covering
general store employees filed herein.
As to, the election held among elevator operators, the results are as
follows:
Approximate number of eligible voters 63
Valid votes counted 46
Votes cast for AFL 15
Votes cast for CIO 14
Votes cast against participating Unions 17
Challenged ballots 9
Void ballots 2
Since the number of challenged ballots was sufficient to affect the subse-
quent procedure, the Regional Director investigated the challenges, and on
May 29, 1945, issued and duly served on the parties his Report on Chal-
lenges. The Regional Director finds that the nine challenged voters were
eligible voters within the unit found appropriate for elevator operators by
the Board and that the parties at a preelection conference so agreed, and
recommended that the challenges be overruled. None of the parties has
filed any exceptions to the Regional Director' s findings and recommenda-
tions with respect to the challenges. The nine challenged voters were chal-
lenged by observers of Local 372, United Retail, Wholesale, and Depart-
ment Store Employees of America, an organization affiliated with the Con-
gress of Industrial Organizations and herein called the CIO. On May 28,
1945, the CIO, by letter addressed to the Regional Director asked leave to
withdraw its challenges. On May 25, 1945, both the participating unions
filed requests for a run-off election.
We shall adopt the findings of the Regional Director with respect to the
validity of the challenged ballots and find that the challenged voters were
eligible to vote and their ballots are hereby declared valid. We shall direct
that their valid votes be opened and counted, since the results of the count-
ing of the challenged ballots may determine the choice of representatives
to appear on the ballot in the run-off election. The Regional Director rec-
ommends that, upon the counting of the challenged ballots, the run-off
election be held straightway before any formal report be made to the
Board upon the results of the election. The Company takes exception to
this recommendation. We find no merit in the exceptions, and they are
hereby overruled. We shall direct that the Regional Director, after count-
ing the ballots and preparing a new tally, proceed directly with the run-off
election, designating the choices upon the ballot in accordance with our
present practice.
THE MAY DEPARTMENT STORES COMPANY 377
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The May Department Stores
Company, d/b/a Famous-Barr Company, St. Louis, Missouri, the Regional
Director for'the Fourteenth Region shall, pursuant to the Rules and Regu-
lations of the Board, set forth above, and subject to Article III, Sections
10 and 11, of said Rules and Regulations, within ten (10) days from the
date of this Direction, open and count the ballots of all challenged voters
in the second election conducted among elevator operators on May 21 and
22, 1945, and prepare a tally of the ballots ; that he directly proceed to con-
duct the run-off election and that he thereafter prepare and serve upon the
parties a Supplemental Report embodying therein his findings and recom-
mendations as to the results thereof.
ORDER
The National Labor Relations Board hereby orders that the petition for
investigation and certification of representatives of employees of The May
Department Stores Company, d/b/a Famous-Barr Company, St. Louis,
Missouri, in Case No. 14-R-794 be, and it hereby is, severed from Case
No. 14-R-779, and dismissed.