Phelps Dodge Mercantile Co.

National Labor Relations Board - Board Decisions

Jul 9, 1948

78 N.L.R.B. 179 (N.L.R.B. 1948)

In the Matter Of PIIELPS DODGE MERCANTILE COMPANY, EMPLOYER anndp
RETAIL CLERKS INTERNATIONAL ASSOCIATION, A. F. OF L., PETI--
TIONER
Case No. 21-RC-G4.-Decided July 9, 19.-/E8
DECISION
AND
DIRECTION OF ELECTION
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 bearing 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 of representation exists concerning the representation-
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Sections 2 (6) and (7) of the Act.
4. The appropriate unit
The Petitioner seeks a unit of retail sales clerks, stock clerks, jani-
tors, and janitresses employed at the Employer's Bisbee, Arizona, store
and Warren, Arizona, branch store, excluding employees in the whole-
sale grocery department, the warehouse department and the meat de-
partments, the maintenance mechanic, office clerical employees, watch-
men, and supervisors. The Employer contends that the maintenance•
mechanic and the office clerical employees should be included in the.
unit.
*Chairman Herzog and Members 'Murdock and Gray
i Matter of Parks-Belk Company of Eltzabetliton , 77 N L. R B 429%
78 N. L R. B., No. 30
1'79,
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The record reveals that the maintenance mechanic, who installs and
services household appliances, and the office clerical employees are on
the same pay roll as the Employer's other employees and that all
receive comparable rates of pay, utilize the same employee facilities,
and have the same employee privileges with respect to discounts, group
insurance, retirement plan, hospital benefits, vacations, sick leave, and
the like. Moreover, transfers between the office and sales departments
leave not been infrequent. The interests of all these employees, for bar-
gaining purposes, are plainly mutual. Under such circumstances, and
where, as here, no other labor organization has sought to represent
these employees, the Board has included office clerical employees and
appliance servicemen in units with sales employees of department
stores.,
We find that all retail sales clerks, stock clerks, office clerical em-
ployees, maintenance mechanics, janitors, and janitresses employed by
the Employer at its Bisbee, Arizona, store and Warren, Arizona, branch
store, excluding employees in the wholesale grocery department, the
warehouse department and the meat departments, watchmen, and
supervisors, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses 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 supervision 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-Series 5, among the employees in the
unit found appropriate in, paragraph numbered 4, above, who were
employed during the pity-roll period immediately preceding the date
.of this Direction of Election, including employees who did not-work
during said pay-roll 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 reinstated
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 bargaining, by Re-
tail Clerks International Association, A. F. of L.
Matter of Dearer Dry Goods Company, 74 N L R B 1167, at 1170 (office clericals) ;
Matter of Louis Pizitz Dry Goods Company, 71 N. L R. B 579, at 581 ( office clericals) and
583 (appliance ser%iceman ) ; Matter of Sears, Roebuck and Co, 66 N L R B 285, at 287
(office clericals ) and 289 ( mechanical servicemen).