Montgomery Ward & Co., Inc.

National Labor Relations Board - Board Decisions

May 17, 1950

89 N.L.R.B. 1370 (N.L.R.B. 1950)

In the Matter of MONTGOMERY WARD a L' CO., INCORPORATED , EMPLOYER
and LOCAL 814, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA , A. F. OF
L., PETITIONER
In the Matter Of MONTGOMERY WARD & CO., INCORPORATED , EMPLOYER
and ENTERPRISE ASSOCIATION, METAL TRADES BRANCH, LOCAL UNION
638, A. F. OF L., PETITIONER
Cases Nos. 2-RC-1769 and 2-RC-1848.Decided May 17, 1950
DECISION
DIRECTION OF ELECTION
AND
ORDER
Upon petitions duly filed, a consolidated hearing was held before
I. L. Broadwin, hearing officer. 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-member panel [Chairman Herzog and Members
Houston and Styles].
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 petitioner in Case No. 2-RC-1769, Local 814, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, A. F. of L., herein referred to as Local 814, and the Peti-
tioner in Case No. 10-RC-848, Enterprise Association, Metal Trades
Branch, Local Union 638, A. F. of L., herein referred to as Local 638,
are labor organizations claiming to represent employees of the
Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer in Case No. 2-RC-1769 within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act. However, for the reasons stated below no such question exists
in Case No. 2-RC-1848.
89 NLRB No. 174.
1370
MONTGOMERY WARD & CO., INCORPORATED 1371
4. The appropriate unit :
The Employer is engaged in retail merchandising. It operates a de-
partment store at Jamaica, Long Island, part of which is used as a
warehouse. In conjunction with this store the Employer also oper-
ates two warehouses, one in Mineola, 12 miles distant from the store,
and one in Floral Park, 8 miles distant from the store. Only the
employees at these three locations are involved in this proceeding.
From 1942 to 1945, these employees were bargained for as an over-
all unit by the United Retail, Wholesale and Department Store Em-
ployees, CIO. The record indicates that no collective bargaining
agreement with respect to these employees has been entered into since
that time.
The omit in Case No. 2-RC-1769
Local 814 seeks a unit of all warehouse employees , including order
fitters, packers , dock receiving men, dock checkers , checkers , markers,
stockmen , supplymen, dispatchers , router and stock receiving stock-
man, delivery stockmen, and furniture repairmen . Of these ware-
house employees , 18 are employed at the Jamaica store , 13 at the
Mineola warehouse' and 3 at the Floral Park warehouse.
The Employer contends that only an over-all unit of all selling
and nonselling employees is appropriate.
There . is a warehouse department head responsible for warehouse
activities , which includes the repairing of furniture . Both selling
and nonselling employees are hired through a central personnel office
located in the main store, work the same number of hours and enjoy
the same employee benefits. There is a regular interchange among
the warehouse employees and furniture repairmen at the three loca-
tions, but there is no interchange between warehousemen and any other
selling or nonselling employee . No other employees in the store
regularly perform work comparable to that done in the warehouses.
The Employer contends that the unit sought is inappropriate
because its warehouse operations are integrated with its store opera-
tions and , further, because working conditions and personnel policies
are the same with respect to both warehouse and store selling enm-
ployees. While the Board has considered . these factors in determining
whether warehouse employees should be severed from an existing over-
all unit,' there has been no bargaining on an over - all basis for some
time, and no . labor organization is seeking a broader unit. Moreover,
it is well established that warehouse employees may constitute an
appropriate unit.2 Indeed a similar unit now exists in other stores of
3 Stern Brothers, 81 NLRB 1386.
2 Sears, Roebuck and Co ., 82 NLRB 985; Thalhimer Brothers, Incorporated, 77 NLRB
1249.
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer'3 The employees sought herein are separated from the
selling operations of the store, are under separate supervision, do not
regularly interchange with, or come in contact with, store employees,
and perform a different type of work. Under all these circumstances
we believe that a unit limited to warehouse employees is appropriate.
We find that the warehouse employees' at the Employer's Jamaica,
Long Island, store and at its Mineola and Floral Park warehouses,
including order fitters, packers, dock receiving men, dock checkers,
checkers, markers, stockmen, supplymen, dispatchers, router and stock
receiving stockmen, delivery stockmen, and furniture repairmen; but
excluding supervisors,' as defined in the Act constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
The unit in Case No . 2-RC-1848
Local 638 seeks a unit of all the radio and television installation and
servicemen, general repairmen on all appliances, parts department
employees, and all outside refrigeration and installation servicemen
in the Company's employ at its Jamaica store and 2 warehouses. The
14 employees involved work interchangeably at both the warehouses
and the store, and also provide service at the homes of customers. They
are under the supervision of a department head, who is located in the
Jamaica store. They work the same number of hours and receive the
same employment benefits as other selling and nonselling employees.
Varying degrees of skill are required for the services performed, but
the record fails to establish that these employees possess a degree of
skill sufficient to constitute them a recognized craft- group. The
service employees regularly come' in contact with selling employees,
and, like selling employees, frequently deal directly with the
Employer's customers.
As these employees are neither craftsmen nor do they otherwise
constitute a distinct and homogeneous group, with interests different
from those of the other employees, such as we have recognized may be
separately represented, we find that they do not constitute a unit
appropriate for the purposes of collective bargaining 6 Accordingly,
we shall dismiss Local 638's petition.
B Montgomery Ward & Company, 85 NLRB 976, 89 NLRB 528.
4Included are part-time employees, designated by the Employer as nonbasic employees.
They are employed for regular and substantial periods of time at duties which are the
sane as those performed by regular employees in the same categories of employment.'
Florsheim Retail Boot Shop, et at., 80 NLRB 1212.
5 The parties agree that John Timpone, the warehouse department head is a supervisor
and therefore excluded from the proposed unit.
6 Montgomery Ward & Co., Inc., 82 NLRB 1059, 88 NLRB 615 ; Retail Employee
Relations Commission , 80 NLRB 1473.
MONTGOMERY WARD & CO., INCORPORATED
ORDER
1373
Upon the basis of the entire record in this proceeding , the National
Labor Relations Board hereby orders that the petition by the Enter-
prise Association , Metal Trades Branch, Local Union 638, A. F. of L.,.
in the instant matter be , and it hereby is, dismissed.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer , an election 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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations , among the employees in the,
unit found appropriate in paragraph numbered 4, above , who were,
employed during the payroll period immediately preceding the date
of this Direction of Election , including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off , but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior . to the date of the election , and also excluding employees
on strike who are not entitled to reinstatement , to determine whether
or not they desire to be represented , for purposes of collective bargain-
ing, by Local 814 International Brotherhood of Teamsters , Chauffeurs,
Warehousemen , and Helpers of America , A. F. of L.