Jordan Marsh Co.

National Labor Relations Board - Board Decisions

Nov 17, 1948

80 N.L.R.B. 343 (N.L.R.B. 1948)

In the Matter Of JORDAN MARSH COMPANY, EMPLOYER and LOCAL 82,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, A. F. L., PETITIONER
Case No. 1-RC-259
SUPPLEMENTAL DECISION
AND
ORDER
November 17, 1948
1. On August 17, 1948, the National Labor Relations Board issued
a Decision and Direction of Elections in the above case," in which the
Board found appropriate the following separate units of employees
of the Employer at the Morey Building, Cambridge, Massachusetts :
(a) The office and clerical employees, excluding the warehouse
clerks and supervisors.
(b) 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.
2. On August 24, 1948, the Board received from the Employer a
request to reopen the record to hear new evidence concerning certain
organizational changes affecting the warehouse employees in the
Morey Building, which changes were alleged to have occurred since
the original hearing in this case. Pursuant to this request, the record
was reopened and the elections directed by the Board on August
17, 1948, were stayed.
The supplemental hearing was held on October 5, 1948, 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.
3. Upon the entire record in the case, the Board 2 finds :
The original hearing in this case was held on April 22, 1948. On
the basis of the evidence adduced at that hearing, the Board found
1 78 N. L. R. B. 1031.
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, as
amended, the Board has delegated its powers in connection with this case to a three-man
panel consisting of the undersigned Board Members [ Houston, Reynolds , and Gray].
80 N. L. R. B., No. 76.
343
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in its Decision and Direction of Elections of August 17, 1948, that
the service and repair employees and the warehouse employees in the
Morey Building "are hired by a central employment department at
the Employer'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 manager." The Board con-
cluded, therefore, contrary to the Employer's contention, that under
the foregoing circumstances there was sufficient community of in-
terest between the service and repair employees and the warehousemen
to warrant their inclusion in the same unit.
From the evidence adduced at the second hearing of October 5, 1948,
we find that after August 1, 1948, the warehouse employees at the
Morey Building were no longer under the same departmental manager
as the service and repair employees but were placed on that date,
together with all other warehouse employees of the Employer, under
the over-all supervision of the manager of the Employer's warehouse
division, whose office is in a building other than the Morey Building.
The Employer's witnesses testified that on August 1, 1948, the ware-
house employees in the Morey Building, as a result of this organi-
zational change, became subject to interchange with warehouse
employees in other buildings," as the exigencies of the Employer's
operations may require. However, there has as yet been no actual
interchange of warehousemen between the Morey Building and the
other buildings.4
Under the foregoing circumstances, and upon the entire record of
this case, we do not believe that any change in our prior unit determi-
nation herein would be warranted. Accordingly, we shall vacate our
order staying the conduct of the elections heretofore directed in this
case.
ORDER
IT IS HEREBY ORDERED that the stay of the elections heretofore
directed in this case be, and it is hereby, vacated and that such elec-
tions shall be conducted as early as possible, but not later than 30 days
from the date of this Order.
a These consist of the Cambridge Service Station , the Whitehead Building, the Medford
Warehouse , and the Welch Warehouse. The warehouse employees at the Cambridge Service
Station are covered by a contract between the Petitioner and the Employer . There is no
evidence in the record of collective bargaining by the Employer with respect to its other
warehouse employees.
4 The Employer's witnesses stated that the Employer did not wish to change the status
of the Morey Building employees pending the outcome of this proceeding.