John Wanamaker, Philadelphia, Inc.

National Labor Relations Board - Board Decisions

Feb 17, 1972

195 N.L.R.B. 452 (N.L.R.B. 1972)

452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
John Wanamaker, Philadelphia , Inc. and International
Brotherhood of Painters & Allied Trades, AFL-
CIO, Local Union No. 1159, Petitioner . Case 4-RC-
9308
February 17, 1972
DECISION ON REVIEW AND ORDER
BY MEMBERS FANNING, JENKINS , AND KENNEDY
On November 12, 1971, the Regional Director for
Region 4 issued a Decision and Direction of Election
in the above-entitled proceeding in which he found
appropriate a unit of display department employees at
the Employer 's Philadelphia , Pennsylvania, main de-
partment store . Thereafter , in accordance with the Na-
tional Labor Relations Board Rules and Regulations,
the Employer filed a timely request for review of the
Regional Director's Decision on the grounds that, in
reaching his unit determination , the Regional Director
departed from established policy and made findings of
fact which are clearly erroneous.
On December 7, 1971, the National Labor Relations
Board, by telegraphic order , granted the request for
review and stayed the election pending decision on re-
view.
Pursuant to Section 3(b) of the National Labor Rela-
tions Act, as amended, the Board has delegated its
authority in this proceeding to a three -member panel.
The Board has reviewed the entire record in this case
with respect to the issues under review and makes the
following findings:
The Petitioner seeks a unit of 26 employees of the
Employer 's 45 display department employees, such
unit consisting of all window trimmers , designers, fash-
ion coordinators , and construction artists working
throughout six of the Employer's nine subdivisions of
its display department . The Regional Director found
appropriate a unit of all display department employees
in all nine subdivisions , including window trimmers,
display trimmers , designers , fashion coordinators, con-
struction artists , propmen, shipmen, scenic artists, and
scenic designers employed at the Philadelphia, Penn-
sylvania , department store ; excluding all carpenters,
painters , electricians , office clerical employees , guards,
and supervisors as defined in the Act . The Employer
contends that the only appropriate unit consists of all
its Philadelphia store employees , with the customary
exclusions.
The Employer operates nine retail department stores
located in Pennsylvania , New York , New Jersey, and
Delaware . Only the main store located in Philadelphia,
Pennsylvania , is involved in this proceeding. The
record indicates the painters , carpenters, elevator con-
ductors, and certain employees in men 's and women's $125 per week
195 NLRB No. 82
clothing departments have a history of collective bar-
gaining . Other employees are unrepresented.
The record discloses that the display department is
divided into nine subdivisions-home furnishings, la-
dies' fashions , fashion coordination, various interior
shops , men's store , budget store, sign shop , special
events shop , and scenic artists . The subdivisions are
under the immediate supervision of the Display Direc-
tor and his assistant . The Director reports to the Em-
ployer's vice president who is in charge of the sales
promotion , public relations , and advertising depart-
ments.
The display department employees have an office on
the 10th floor , but work throughout the store , prepar-
ing window and floor displays in every area . The dis-
play department employees in each of the subdivisions
consult with management personnel in the departments
for which they prepare displays , occasionally do layout
sketches , and install displays. The display employees
do some light carpentry and painting, but for any ex-
tensive preparations required for their displays, they
depend primarily on the carpenters, painters , electri-
cians , and furniture movers.
The display department subdivisions ' work is an ad-
junct to the various selling departments of the store.
The supervisors of the subdivisions , the scenic artist
and two scenic designers , receive directions from the
home coordinator , the fashion director for regular fash-
ions, and the display department director and his assis-
tant . In addition , they are guided by fashion pamphlets
put out for storewide distribution , by personnel from
the various selling departments , and by the storewide
fashion show done twice each year for the employees
of the store.
The record indicates that all employees in the store
receive identical fringe benefits, including hospitaliza-
tion , insurance, vacations, and holidays . With the ex-
ception of the scenic artist and the two designers the
wage rate for the display employees is the same as that
paid other store employees .' The display department
employees use the same timeclock , cafeteria , and other
work-related facilities as other employees and are not
distinguished from other store employees by costume
or appearance . Moreover , many other store employees
perform display functions on a regular basis in the
diamond department , the sewing and fabric depart-
ments , men's wear , ladies' wear , and other depart-
ments.
Job applicants for the display department generally
need have no special job qualifications or experience.
The display department employees work from 9 a.m. to
5:15 p.m .; other store employees work various shifts,
' Three-quarters of the display department employees make less than
JOHN WANAMAKER, PHILADELPHIA, INC.
beginning as early as 7 a.m., with most selling em-
ployees working from 10 a.m. to 6 p.m.
From the foregoing, we conclude, contrary to the
Regional Director, that no basis exist herein for finding
appropriate a unit of the requested display department
employees. As above indicated, these employees have
interests closely related to other selling and nonselling
store employees. They work in many different areas of
the store, have no special training or skills, and receive
the same wage rates and benefits as other employees.
Under the circumstances, we find that they are an arbi-
trary segment of employees in Employer's main store
and do not constitute an appropriate unit for purposes
of collective bargaining.' Accordingly, as the Petitioner
' Sears, Roebuck & Co., 194 NLRB No. 4$. The Board has on occasion
453
does not seek to represent a broader unit, we shall
dismiss the petition.
ORDER
It is hereby ordered that the petition herein be, and
it hereby is, dismissed.
found appropriate units of display employees in retail department store
operations. See Stern 's Paramus, 150 NLRB 799, 803 However, to warrant
such a finding the display employees sought to be represented separately
must be shown to share a substantial community of interest, apart from other
different interests and working conditions , or close links with managerial
employees . See W. J Sloane. Inc., 173 NLRB 1387, Goldblatt Brothers, Inc.
(Central Display), 86 NLRB 914, Lit Brothers Division of City Stores Com-
pany, 103 NLRB 1017, Dey Brothers & Co., 85 NLRB 689 , Frederic Loeser
& Company, Inc., 85 NLRB 281