Greenberg Mercantile Corp.

National Labor Relations Board - Board Decisions

May 11, 1955

112 N.L.R.B. 710 (N.L.R.B. 1955)

710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. The Employer leaves the time of any election directed herein to
the determination of the Board. The Petitioner contends that an elec-
tion should be conducted during the Employer's April to June season.
The record shows that the Employer's main season commences about
the middle of October and lasts until the middle or latter part of
February. This is followed by a Valencia season which commences in
April or May wid lasts until the middle of May or June. During the
Valencia season the Employer usually employs about 50 percent of its
peak packinghouse employee complement. Because of crop and
weather conditions and State law, it appears that packing during the
Valencia season will be curtailed materially this year. On the basis of
these facts, in accordance with the Board's usual policy with respect
to seasonal industries, we shall direct that an election be held at or
about the peak of the Employer's October to March season on a date to
be determined by the Regional Director for the Tenth Region, among
the employees in the appropriate unit who are employed during the
payroll period immediately preceding the date of the issuance of the
notice of election by the Regional Director.
[Text of Direction of Election omitted from publication.]
MEMBER RODGERS took no part in the consideration of the above De-
cision and Direction of Election.
Greenberg Mercantile Corp . and Retail Clerks International As-
sociation, AFL, Local 219, Petitioner. Case No. 14-RC-2533.
May11,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Walter A. Werner,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer operates a chain of 31 retail apparel stores in
the States of Missouri, Illinois, Indiana, and Kentucky. Twenty of
the stores are located in Illinois. The present proceeding involves
only the Greenville, Illinois, store.
The Employer has its principal office and warehouse in St. Louis,
Missouri. During 1953, it shipped to its Illinois stores from the
St. Louis warehouse merchandise valued at approximately $2,500,000;
in addition, merchandise valued at about $800,000 was shipped to the
Illinois stores from other out-of-State sources.
112 NLRB No. 99.
GREENBERG MERCANTILE CORP. 711
We find that the Employer is engaged in commerce within the
meaning of the Act. As it appears that the Employer's Illinois opera-
tions alone involve direct inflow of merchandise into that State ex-
ceeding $3,000,000 annually, clearly that portion of its business, stand-
ing alone, meets the Board's present jurisdictional standards for as-
serting jurisdiction over intrastate retail enterprises.' We do not be-
lieve that dismissal of this case on jurisdictional grounds would be
consistent with the overall policy of the Board's present jurisdictional
standards. We shall assert jurisdiction over this Employer's Illinois
operations, if only for the reason that its direct imports into that
State exceeds $3,000,000.
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.2
4. The parties agree that a unit of all employees at the Greenville,
Illinois, store with the usual exclusions is appropriate. They disagree,
however, as to the unit placement of the following named individuals.
The Petitioner would include them in the unit, whereas the Employer
would exclude them.
Arlene Young is the store's cashier. She has access to business
data and prepares payroll and timesheets for all employees. We find,
contrary to the Employer's contention, that she is not a confidential
employee within the Board's definition.' We therefore include her.
Dorris Zimmernnan, Gladys Simmons, and Faye Coleman have
worked at the store at least 1 day a week for the past 6 months. They
are expected to continue on the same basis in the future. We find
that they are regular part-time employees and are therefore included
in the unit and eligible to vote in the election.'
Albert M. Green, Paul Breehne, and John Harlan are no longer
employed by, and do not have any present expectancy of reemploy-
ment with, the Employer. We shall therefore exclude them from the
unit.
John Hawley is an optometrist who, with the Employer's permis-
sion, maintains his office on the store premises. He also does some
selling for the store on a commission basis. His sales commissions
Hogue d Knott Super inarkets, Inc, 110 NLRB 543
2 We find no menl in the Employer's contention that no question concerning iepresenta-
tmn exists in this case because the demand for recognition was made by the International,
rather than by Local 219 which filed the instant petition ; it is well established that the
filing of the petition by the union which the Employer declined to iecognize at the hearing
constitutes a sufficient demand for recognition Nephi Processing Plant, Ino, 107 NLRB
637
3 The Erlanger Dry Goods Co , d/b/a Stark's Boston Store, 107 NLRB 23
'Montgomery Wald & Co, 110 NLRB 256
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amounted to $1,300 for the year 1953, and averaged $17 a week for that
portion of 1954 which preceded the hearing. We shall include Hawley
as a regular part-time employee.
Howard Martin, the assistant store manager, has the authority to,
discipline employees, to recommend their hire or discharge, to assign
work, and to transfer employees from one job to another; he also has
charge of the store in the manager's absences and during lunch and
rest periods. We shall exclude him from the unit as a supervisor
within the meaning of the Act.
We find that all employees of the Employer at its Greenville, Illi-
nois, retail store, including the cashier and regular part-tile em-
ployees, but excluding office clerical employees, guards, the assistant
store manager, and all other supervisors, as defined in the Act, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
MEMBER MUI?DOCU took no part in the consideration of the above
Decision and Direction of Election.
Riblet Welding and Mfg. Corp. and International Union , United
Automobile, Aircraft & Agricultural Implement Workers of
America (UAW-CIO), Petitioner. Case No. 13-RC-49211. May
11, 1955
DECISION, ORDER, AND DIRECTION OF ELECTION
Pursuant to a stipulation for certification upon consent election ap-
proved on January 27, 1955, a secret ballot election was held under
the supervision of the Regional Director for the Thirteenth Region,
on February 10, 1955, among employees in the stipulated unit. The
tally of ballots furnished the parties after the election shows the
following :
Approximate number of eligible voters----------------------------- 39
Void ballots----------------------------------------------------- 0
Votes cast for the Petitioner-------------------------------------- 17
Votes cast against the Petitioner ----------------------------------- 20
Valid votes counted ---------------------------------------------- 37
Challenged ballots------------------------------------------------ 0
On February 14, 1955, the Petitioner filed timely objections to the
conduct of the election. Pursuant to Board Rules and Regulations,
the Regional Director conducted an investigation of the objections,
and on March 10, 1955, issued and served upon the parties his report
112 NLRB No. 94.