I. Simon Co., Inc.

National Labor Relations Board - Board Decisions

Sep 22, 1944

58 N.L.R.B. 497 (N.L.R.B. 1944)

In the Matter of I. SliIoN COMPANY, INC. and RETAIL AND WHOLESALE
SHOE EMPLOYEES UNION
Case No. 4-R-1482.-Decided September ,22, 19/.//
Mr. Murraj Sinwv,, of New York City, for the Company.
Mr. Louis F. McCabe, of Philadelphia, Pa., for the Union.
Mr. Louis Colein, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Retail and Wholesale Shoe Employees
Union, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
1. Simon Company, Inc., Philadelphia, Pennsylvania, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Eugene M. Pulver, Trial
Examiner. Said hearing was held at Philadelphia, Pennsylvania, on
August 22, 1944. The Company and the Union appeared at and par-
ticipated in the hearing? All parties were afforded full opportunity
to be heard; to examine and cross-examine witnesses and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
- Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TINE COMPANY
I. Simon Company, Inc., is a New York corporation operating 16
ladies'shoe stores in the States of New York, New Jersey, and Pennsyl-
vania. We are here concerned with its only store at Philadelphia,
Pennsylvania. The store involved in the instant proceeding received
'Although United Retail . Wholesale and Department Store Employees of America,
C. I. 0., was served with Notice of Hearing it dul not appeal
58 N. L. R B., No. 96.
609591-45-vol. 58-88 497
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
merchandise valued in excess of $200,000 during 1993 from the Com-
pany's warehouse located at,New York City. There is a substantial
interchange of goods between the Company's New York, New Jersey,
and Pennsylvania Stores.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the mean ng of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
Retail and Wholesale Shoe Employees Union is an unaffiliated labor
organization , admitting to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
On or about April 15, 1944, the Union requested the Company to
recognize it as the exclusive collective bargaining representative of
the employees involved herein. The Company refused this request
until such time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be apjaropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT
We find, in accord with a stipulation of the parties, that all'assistant
managers,3 shoe clerks, hosiery girls, floormen, wrappers, porters, and
stock boys at the Philadelphia store of the Company, excluding cash-
ier, manager , executives, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a emit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
2The Field Examiner reported that the Union presented 9 authorization cards There
are approximately 9 employees in the appropriate unit.
' The assistant managers are non-supervisory employees.
I. SIMON COMPANY , INC. 499
DIRECTION OF ELECTION
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 representa-
tives for the purposes of collective bargaining with I: Simon Com-
pany, Inc., Philadelphia, Pennsylvania, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from, the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourth Region, acting in this
matter as agent-for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have, since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
Retail and Wholesale. Shoe Employees Union, for the purposes of
collective bargaining.