Goldblatt Brothers, Inc.

National Labor Relations Board - Board Decisions

Oct 4, 1946

71 N.L.R.B. 279 (N.L.R.B. 1946)

In the Matter Of GOLDBLATT BROTHERS , INC., EMPLOYER and BUILDING
SERVICE EMPLOYEES ' INTERNATIONAL UNION, A. F. OF L., LOCAL No.
208, PETITIONER
Case No.13-1'-3688.Decided October 4,1946
Mr. Stanford Clinton, of Chicago, Ill., for the Employer.
Mr. Daniel D. Carmell, by Messrs. Lester Asher and Joseph E. Gub-
bins, of Chicago, Ill., and Mr. F. M. Oberg, of Gary, Ind., for the
Petitioner.
Mr. Martin E. Rendelman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board, on
August 13, 1946, conducted a prehearing election among employees
of the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were 20 eligible voters, 17 of
whom cast valid ballots in favor of the Petitioner, none against, and
there were 2 challenged ballots.
Thereafter, hearing in the case was held on August 29, 1946, at
Chicago, Illinois, before Josef L. Hektoen, hearing officer. The hear-
ing officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE EMPLOYER
Goldblatt Brothers, Inc., an Illinois corporation with its principal
office and place of business in Chicago, Illinois, operates several retail
stores in northern Indiana and Illinois. This proceeding involves only
the Employer's Gary, Indiana, store. During the fiscal year ending
January 31, 1946, the Employer purchased for its Gary, Indiana,
store, goods valued in excess of $1,000,000, 85 percent of which was
71 N L. R. B.. No. 32.
279
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
received from the Employer's warehouse in Chicago, Illinois. At least
63 percent of such goods was received at the Employer's warehouse
from points outside the State of Illinois.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION -
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the unopposed request of the Petitioner, we find
that all elevator operators, janitors, janitresses, porters, charwomen,
general cleaning employees, handy men, and all other building service
employees at the Employer's Gary, Indiana, store, but excluding super-
visors, all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, and all other employees,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held previous to the hearing show that
the Petitioner has received a majority of the votes cast, and we shall,
therefore, certify the Petitioner as the collective bargaining repre-
sentative of the employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
By virtue of, and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Sections 203.54 and 203.55, of National
Labor Relations Board Rules and Regulations-Series 4,
IT IS HEREBY CERTIFIED that Building Service Employees' Inter-
national Union, A. F. of L., Local 208, has been designated and selected
GOLDBLATT BROTHERS, INC. 281
by a majority of the employees in the unit hereinabove found appro-
priate in the employ of Goldblatt Brothers, Inc., Gary, Indiana, as
their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (c) of the Act, the said organization is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.