Marshall Field and Co.

National Labor Relations Board - Board Decisions

Nov 22, 1948

80 N.L.R.B. 557 (N.L.R.B. 1948)

In the Matter Of MARSHALL FIELD AND COMPANY , EMPLOYER and LOCAL
130, UNITED ASSOCIATION OF CHICAGO JOURNEYMEN AND PLUMBERS,
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND
CANADA, A. F. OF L., PETITIONER
Case No. 13-RC-313.-Decided November 22, 1948
DECISION
AND
ORDER
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 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. *
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. Upon the entire record in this case, the Board finds that no
question affecting commerce exists concerning the representation of
employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act for the following reasons:
The Petitioner seeks a unit of all repairmen, servicemen, appren-
tices, and stock room employees in Section 349, Major Appliance Re-
pair and Service Section, located in the Employer's Ohio Street
warehouse, excluding spray men, clerks, and supervisors.' The
Employer contends that the requested unit is inappropriate because
(1) the employees in Section 349 are engaged in activities integrated
with warehouse and selling operations; (2) the employees do not
*Chairman Herzog and Members Houston and Gray.
1 At the time of the hearing there were no apprentices or helpers employed In Section
349.
80 N. L. R. B., No. 92.
557
558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
have the skill necessary to constitute a craft unit; and (3) it does
not constitute a departmental unit due to the exclusion of the spray
men and the clerical employees.
The Employer maintains 29 service departments under the juris-
diction of the Divisional Operating Manager of Workroom Services.,
They are located in the Employer's retail store, and in its 5 warehouses.
There are 3 service and repair departments located in the Ohio Street
warehouse: Section 349; Section 307, Radio and Phonograph Repair
Section; and the Bicycle and Toy Repair Section. Each department
has separate supervision, and there is no interchange of employees be-
tween Section 349 and the other departments. All of these employees
use the same company facilities, and are entitled to the same company
benefits.
There are approximately 48 employees in Section 349, classified as
productive and non-productive employees .3 In the productive group
are 15 outside servicemen, 10 inside repairmen, stock room employees,
and 1 inside and 1 outside spray man. These employees install, service
and repair appliances sold to customers by the Employer,4 and also
service the Employer's equipment and property.5 The stockroom con-
tains appliance parts and fittings used only by the employees of Sec-
tion 349.
The Employer has collective bargaining agreements with about
seven different unions 6 In June 1946, Department Store Employees
Union Local 291, of the Building Service Employees' International
Union, AFL, was certified as bargaining representative for the em-
ployees in four of the Employer's warehouses 7 All employees in the
Ohio Street warehouse, except the employees in Sections 349 and 307,
the watchmen and the engineer, are represented by Local 291. Section
2 The Service departments comprise the workroom Division , one of the Employer's five
operating divisions . Each of the five divisions has a manager who reports directly to the
operating manager.
8 The non-productive employees consist of the manager , the shop supervisor , 1 dispatcher,
1 adjustor, 11 clerical employees , 1 telephone clerk, a secretary to the manager , 1 parts
pickup man , and 1 parts buyer.
4 The appliances serviced by Section 349 include washing machines, mangles, sewing
machines , gas and electric stoves, refrigerators , automatic dishwashers , incinerators, power
lawn mowers , and kitchen cabinets and furniture. When outside servicemen are unable to
repair an appliance, it is returned to the shop to be repaired by an inside repairman.
5 About 150 of the Employer 's sewing machines , in 10 different departments , are given a
maintenance check each month, and are also serviced on call.
The following employees are represented in separate units : ( 1) all employees in the
Elevator Division, Housekeeping Division, and the Engineering Division, at the State Street
store; ( 2) employees in certain departments and portions of departments of the Employer's
main Chicago stores within the divisions known as the Operating Service Division and the
Construction and Maintenance Division ; (3) employees of the Bake Shop; ( 4) employees in
the Candy Kitchen ; ( 5) all production and maintenance employees in the Employer's
Drapery workroom, including Slip Cover and Upholstery Shop ; ( 6) all regular Restaurant
Division employees of the Employer's State Street store ; and (7) various craft employees.
7 Matter of Marshall Field if Company, 67 N L. R. B 1367.
MARSHALL FIELD AND COMPANY 559
349 was not established until about May 1947, and its employees were
not included in the certification. Local 291 has disclaimed any interest
in the employees involved herein.
It does not appear that the employees in the requested unit con-
stitute a craft group, nor are they a group of the type which the Board,
in the past, has found might constitute a separate appropriate bar-
gaining unit." The only factor appearing in this case in support of the
requested unit is the extent of the Petitioner's organization among the
employees involved herein. The extent of employee organization is
not, standing alone, a proper determinant of a bargaining units Nor
may it be the controlling factor in such determination.10 No labor
organization is seeking to add these employees to a unit which might
be appropriate. Under these circumstances, we find that the proposed
unit is inappropriate for the purposes of collective bargaining. We
shall, therefore, dismiss the petition.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
"Matter of Marshall Field & Company, 76 N. L. R. B 479, which the Petitioner cites in
support of its position, is clearly distinguishable from the instant case. In that case the
Board found that a group of machinists might constitute an appropriate unit, because the
employees comprise a well-recognized craft group.
e Matter of Standard-Coosa-Thatcher Company, 80 N. L. R. B. 50; Matter of Dun &
Bradstreet, Inc., 80 N. L. R. B. 56; Matter of Hudson Hosiery Company, 77 N. L. R. B.
566.
10 Section 9 (c) (5) of the Act, as amended in 1947.