Gimbel Brothers

National Labor Relations Board - Board Decisions

Jun 19, 1956

115 N.L.R.B. 1589 (N.L.R.B. 1956)

GIMBEL BROTHERS 1589
Gimbel Brothers and Local 420, United Association of Journey-
men and Apprentices of the Plumbing and Pipefitting Industry
of the United States and Canada, AFL-CIO, Petitioner. Case
No. 4-RC-2935. June 19, 1956
DECISION AND CERTIFICATION OF
REPRESENTATIVES
On February 20, 1956, pursuant to a stipulation for certification-
upon consent election, an election by secret ballot was conducted
under the direction and supervision of the Regional Director for the
Fourth Region among the employees in the agreed appropriate unit.
Following the election the Regional Director served on the parties a
tally of ballots which showed that of approximately 15 eligible voters,
15 cast ballots, of which 12 were for the Petitioner, 2 were against
the Petitioner, and 1 was challenged.
On February 23, 1956, the Employer timely filed and served its
objections to conduct affecting the results of the election. In accord-
ance with the Rules and Regulations of the Board, the Regional Direc-
tor conducted an investigation, and on March 15, 1956, issued and
duly served upon the parties his report on objections and recom-
mendations to the Board, finding that the objections raised no material
issues which would justify setting aside the election and recommend-
ing that they be dismissed. The one challenge, being insufficient nu-
merically to affect the results, was not the subject of investigation.
The Employer filed timely exceptions to the report.
The Board has reviewed the stipulation of the parties, the Em-
ployer's objections, the Regional Director's report, the Employer's
exceptions thereto, and the entire record in this case, and hereby adopts
the findings, conclusions, and recommendations of the Regional
Director.
Upon the entire record in the case, the Board makes the following
findings of fact :
1. -The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
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 Act.
4. The following employees of the Employer, as stipulated by the
parties, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: All air-
conditioning, refrigeration, and steam operating engineers , includ-
ing steamfitters and plumbers , at Gimbel Brothers' stores at 8th and
115 NLRB No. 258.
1590 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Market Streets, Philadelphia, Pennsylvania, and Ogontz Road and
Cheltenham Avenue, Cheltenham, Pennsylvania, excluding all other
employees, watchmen, guards, and supervisors as defined in the Act.
5. The issue raised by the Employer essentially concerns the pres-
ence of a business agent for the Petitioner during the voting, at a
point in the Philadelphia store within 100 feet of the voting room,
and a point which eligible voters had to pass on their way to vote.
Finding that this agent was looking at a television program in the
store's music center, and noting the absence of any evidence that he
spoke to eligible voters as they went in to vote, although he spoke
to several after they had voted, the Regional Director concluded in
line with Board precedent,' that the mere presence of the business
agent at or near the balloting place,- without further proof of elec-
tioneering or other improper conduct, is not sufficient ground to set
aside the election.
In its exceptions the Employer contends that the business agent did,
in fact, speak to eligible employees before they voted, and it refers
to an affidavit by its observer to the effect that the business agent and
another union officer were in the voting room itself with several
eligible voters before the election, and conversed before the polls
opened. It also implies that the other "union officer," unidentified by
name and thought by the business agent to have been merely an em-
ployee, remained near the polls during the voting. But the excep-
tions make no reference to actual electioneering or coercive comment
and the Employer's representative signed the Board form certifying
the fairness of the election conduct. In the circumstances, the con-
versations between some employees and the business agent and an
alleged union officer before the polls opened, assuming these occurred
as alleged, did not constitute interference with the election. See
E. H. Blum, 111 NLRB 110, 112. See also Kaiser Services, 111
NLRB 1093, 1094. We therefore find that the Employer's objection
is without merit and it is hereby overruled.
Because the tally shows that a majority of the valid votes has been
cast for the Petitioner, we shall certify it as the collective-bargaining
representative of the employees in the approprite unit.
[The Board certified Local 420, United Association of Journeymen
and Apprentices of the Plumbing and Pipefitting Industry of the
United States and Canada, AFL-CIO, as the designated collective-
bargaining representative of the employees of the Employer in the
unit herein found appropriate.] ,
MEMBER RODGERS took no part in the consideration of the above
Decision and Certification of Representatives.
' Gastonia Combed Yarn Corporation, 109 NLRB 585, 587.