Jordan Marsh Co.

National Labor Relations Board - Board Decisions

Aug 17, 1948

78 N.L.R.B. 1031 (N.L.R.B. 1948)

In the Matter of JORDAN MARSH COMPANY, EMPLOYER and LOCAL 82,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN •Sc HELPERS OF AMERICA, A. F. L., PETITIONER
Case No. 1-RC-259.Decided August 17, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
-Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent 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. We And that the following separate units of employees of the
Employer at the Morey Building, Cambridge, Massachusetts, are ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act: 1
*Houston , Reynolds , and Gray.
' The Petitioner requests a unit of all the Employer 's employees at the Morey Building,
including those engaged in the service and repair of appliances , the office force, and the
warehouse crew. The Employer contends that each of these groups should constitute a
separate unit. Although each group has a separate work area and separate immediate
supervision and there is no interchange of personnel among the three groups , the record
shows that all these employees are hired by a central employment department at the Em-
ployer's Boston office , are paid out of that office , are paid on a salary basis , have the same
vacation benefits , and are under the over -all supervision of the same departmental mana-
ger. Under theser circumstances , we believe there is sufficient community of interest be-
tween the service and repairmen and the warehouse employees to warrant their inclusion
78 N L R. B., No 140.
103 1
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(1) The office and clerical employees, excluding the warehouse
clerks 2 and supervisors.3
(2) The employees engaged in service and repair of appliances,
and the warehouse employees, including the warehouse clerks, the
employees in the parts stockroom and the general utility man, but
excluding guards, professional employees, the manager's confidential
secretary, executives, and all other supervisors 4
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer , separate elections
by secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction , under the direction and
supervision of the Regional Director for the First Region , and subject
to Sections 203.61 and 203.62 of National Labor Relations Board
Rules and Regulations-Series 5, among, the employees described in
paragraph numbered 4 , above, who were employed during the pay-roll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off , but ex-
cluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections , and also excluding employees on strike who are not entitled
to reinstatement , to determine whether they desire to be represented,
for purposes of collective bargaining , by Local 82, International
Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of
America, A. F. L. '
in the same unit . However , in accordance with our past practice , we shall establish a
separate unit for the office employees . Matter of Cash Wholesale Company, Inc, 73
N L R. B. 699 , Matter of General Electric Company, 78 N L. R. B 857.
'The warehouse clerks keep records of stock and work in the warehouse area under the
warehouse supervisor . The other clerks work in the office under different immediate super-
vision , receive service calls from customers and maintain customer service records. We
believe , contrary to the Employer 's contention , that the warehouse clerks should be in-
eluded in the same unit with the other warehouse employees , and not with the office em-
ployees Matter of Firestone Tire and Rubber Company, 73 N. L. R. B. 246.
3 The parties agreed to exclude as supervisors the manager in charge of all the operations
at the Morey Building, and his assistant manager , and also agreed to exclude the manager's
confidential secretary. Contrary to the contention of the Petitioner, we find that the follow-
ing ate also supervisors and should , therefore , be excluded from the voting groups set forth
above the service manager , the assistant service manager , the warehouse supervisor, the
assistant warehouse supervisor , the supervisor of inside radio repairing , the outside group
supervisor (Robert Leith), and the section leaders in the following sections : washing ma-
chines, small appliances , and stoves and vacuum cleaners.
Contrary to the Employer ' s contention, we find that the section leader in the, refrigerator
testing section, who presently has no subordinates , and Benjamin Hardy, the production
and stock controller , are not supervisors . Nor may Hardy be excluded as a confidential
employee merely because he has access to business records of the Employer Matter of
Republic Steel Corporation, 72 N. L R. B 525.
4 See footnote 3, supra.