128 N.L.R.B. 330 (N.L.R.B. 1960)

Polk Brothers, Inc.

National Labor Relations Board - Board DecisionsJul 26, 1960

128 N.L.R.B. 330 (N.L.R.B. 1960)

330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Polk Brothers, Inc. and Local 1515, Department Store Sales Employees Union, RCIA, AFL-CIO, Petitioner. Case No. 13-RC-6908. July 26, 1960 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, hearings were held before Robert H. Cowdrill and Edward Wynne, hearing officers. The hearing officers' rulings made at the hearings are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Bean and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees 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 Section2(6) and (7) of the Act. 4. Polk Brothers, Inc., is an Illinois corporation engaged in the retail sale and distribution of household appliances, jewelry, furni- ture, rugs, and other household items. It operates a distribution center, a warehouse, and 14 retail stores in the Chicago, Illinois, area. This proceeding involves employees located at these facilities and outlets. The Petitioner is currently the contractual bargaining representa- tive of a unit of selling employees in the part of the Employer's op- erations above described, and here seeks to represent a group of approximately 400 hitherto unrepresented employees at the same portion of the Employer's operations. It describes the requested group of employees as being office clerical employees and cashiers. It takes the position that the cashiers could properly constitute an addi- tion to the selling unit it already represents, while the remainder of the employees mentioned could be established as a separate unit, or that both groups together could comprise a single unit. It requests, however, that the Board direct an election in any unit or units it finds appropriate. The Employer objects to the conduct of a separate election for the cashiers,' and contends that the entire group of employees here 1 The Employer contends that the Petitioner's sole interest in Sling the instant petition is to obtain representation rights for the cashiers , and that, as the latter cannot alone 128 NLRB No. 34. POLK BROTHERS, INC. 331 requested be placed in three separate units following the lines it claims to be those of its administrative organization, viz (1) the employees at the 14 retail stores; (2) those at the distribution center; and (3) those at its central office. Consistent with established policies applicable to the retail depart- ment store industry of which the Employer is a part, we perceive no justification in the circumstances here presented for the achieve- ment of a result through a unit determination, which would perpetuate the separate existence for bargaining purposes of the Employer's sales force on the one hand, and its nonselling employees, on the other. For, as has been frequently indicated, the Board has long regarded all selling and nonselling employees as a basically appro- priate unit in the retail industry, and has insisted that a union seeking representation rights for selling and nonselling employees include office clerical as well as other fringe categories of employees of the department store operation involved within the overall unit 2 And, further, where a multiple outlet operation such as the instant one is involved, the basic selling and nonselling unit is to include all those within an appropriate administrative division or area 3 The record in the instant case discloses the existence of a situation where we can now make possible the representation of all of the Employer's selling and nonselling employees as part of one single overall unit by directing a self-determination election in a voting group comprised of all the employees of the Employer who are not now represented by any other union .4 The bulk of the unrepresented group, namely the cashiers and the office clericals, is already specifi- cally requested by the Petitioner. The remainder, consisting of ap- proximately 30 or more employees in fringe classifications, such as interior decorators, receiving clerks, and stockboys, work in locations which come within the administrative area of the Employer's opera- constitute an appropriate unit, the petition should be dismissed We find no merit in this contention . The filing of the petition and the position taken by the Petitioner in its support, presumptively establishes the willingness of the Petitioner to represent all the employees involved on any unit basis the Board may find appropriate . Should it be certified , the Employer may insist that Petitioner in fact bargain for all such employees. Cf. Olin hfathieson Chemical Corporation, 114 NLRB 948, 950. 2 See, for example, T. P. Taylor & Company, Inc., et al., 118 NLRB 376, 378, 379; John W Thomas & Co., 104 NLRB 868, 871; C. C. Anderson Stores Company , 100 NLRB 986, 987; F. B . Silverwood, a corporation, d/b/a Silverwood's Inc., 92 NLRB 1114, 1117, 1118. 8 T. P. Taylor & Company, supra; C. C. Anderson Stores Company, supra. We reject the Employer 's contention that the employees here involved should be established as three separate units, following the lines of its internal administrative subdivisions . Cf. John W. Thomas & Co , 104 NLRB 868 , 869. Indeed , the Employer 's contention in the instant case is contradicted by the scope of the contractual selling unit it voluntarily established by agreement with the Petitioner. ' The record indicates that certain craft groups ( ie, carpenters , etc.) are represented by their respective unions. All of the employees' representatives are acting as such by virtue of agreement between the Employer and the unions involved and none are certified by the Board. 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions here involved. As the record discloses no sound reason for excluding these employees,' we shall include them. The parties disagree as to the unit placement of part-time employ- ees. The Employer would include only those employees who regu- larly work 20 or more hours a week. However, in accord with our established policy, we find that these employees are regular part-time employees and shall therefore include all regular part-time employees in the unit.' In accord with the foregoing considerations, we shall direct an election in the following voting group : All employees of the Employer at its retail stores, distribution center, and warehouse in the Chicago, Illinois, metropolitan area, who are not now represented by any labor organization, including office and clerical employees, regular part-time employees, interior decorators, receiving clerks, and stockboys, but excluding all em- ployees in the Joliet, Illinois, store, all professional, technical, confi- dential, and managerial employees, guards, and supervisors' as defined in the Act. However, because this voting group is larger than the group defined by the petition, and the exact interest by the Petitioner is not clearly apparent on the facts before us, we instruct the Regional Director not to proceed with the election directed herein until he shall have determined that the Petitioner's showing of interest in said voting group is adequate.8 In the event that the Petitioner does not wish to participate in an election in such voting group, we shall permit it to withdraw its petition upon notice to the Regional Director within 10 days from the date of issuance of this Direction, and shall thereupon vacate the Direction of Election. If a majority of the employees in the above voting group cast their ballots for the Petitioner, they will be taken to have indicated their desire to constitute a part of the existing unit currently represented by the Petitioner, and the Petitioner may bargain for such employees as part of that unit. If a majority of them vote against the Petitioner, they will be taken to have indicated their desire to remain outside the 5 There is some suggestion in the record that the parties may regard interior decorators to be "professional" employees within the meaning of the Act. However, nothing in the facts indicates that they have the education or other qualifications meeting the statutory definition of professional employees. Cf. Louis Pszitz Dry Goods Company, 71 NLRB 579, 582. 8 Food Fair Stores of Florida , Inc, 120 NLRB 1669 , 1670-1671 ; Wonn-Diwie Stores, Inc, et at ., 124 NLRB 908. 7 The parties stipulated that the individuals in the classifications set forth in Appen- dix A attached hereto fall within one or more of the excluded categories of supervisory, confidential , managerial , professional , technical , or plant guard employees 8 Southern Steel & Stove Company, Inc , et at, 124 NLRB 577, and cases cited therein. POLK BROTHERS, INC. 333 existing unit, and the Regional Director will issue a certification of results of election to that effect. [Text of Direction of Election omitted from publication.] APPENDIX A POLK CITY-NORTH Supervisor Accounts Receivable Assistant Supervisor Accounts Receivable Supervisor Accounts Payable Assistant Supervisor Accounts Payable Associate Controllers (three male employees) Assistant to Associate Controller Supervisor Credit and Collections Assistant Supervisor Credit and Collections Supervisor General Ledger Accounting General Ledger Accountants (four accounting employees) Manager Insurance Claims Internal Auditing Department (five male accountants , two secretaries to accountants) Manager IBM Tabulating Assistant Manager IBM Tabulating Head Cashiers (one each, day and night) Operations Manager Assistant Operations Manager Paymaster ° Assistant Paymaster Secretaries to Company officials: (Secretaries to President ; Vice Presidents; Controller, General Operations Manager, and Secretary-Treasurer of Company) Director of Security Security Investigators Jewelry Security Employees (two employees) Administrative Assistant to Executive Vice President Manager Liaison Department Assistant Manager Liaison Department Secretary to Manager Accounts Receivable Secretary to Manager Accounts Payable Secretary to Associate Controller (Matz) Manager Central Files Personnel Manager Assistant Personnel Manager Secretary to Personnel Manager Guards (including security force, doormen,,and night watchmen) Supervisor Telephone Operators Mail Department Drivers and Mail Couriers Office Manager Assistant Office Managers (one each for day and night) Manager Service Administration Assistant Manager Service Administration Secretary to Manager Service Administration 8530 SOUTH COTTAGE GROVE AVENUE Operations Manager Assistant Operations Manager Secretary to Operations Manager Warehouse Supervisor Assistant Warehouse Supervisor Service Administration Manager Order and Expediting Department Manager Order and Expediting-Assistant Managers (one each for day and night) Secretary to Vice President Guards and Watchmen Accountants Office Manager Asistant Office Managers (one each for day and night) 334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Operations Manager STORE LOCATIONS AS FOLLOWS 3055 WEST 63D STREET 3110 WEST 63D STREET 8401 WEST GRAND AVENUE , RIVER GROVE 5711 NORTH MILWAUKEE AVENUE ROUTE 14 , ARLINGTON HEIGHTS Assistant Operations Manager Secretary to Operations Manager Guards and Watchmen 3500 WEST GRAND AVENUE Operations Manager Service Administration Manager Guards and Watchmen 1750 WEST BELMONT AVENUE Warehouse Manager Warehouse Supervisors ( one each for day and night) Guards and Watchmen 8311 WEST NORTH AVENUE Director of Distribution Assistant Director of Distribution Secretaries to Director and Assistant Director of Distribution and Superintendent of Warehouse Manager-Furniture Office Manager-Appliance Office Assistant Managers-Office (three employees) Accounts Payable Supervisor Head Cashier Traffic Manager Assistant Traffic Manager Manager Furniture Service Assistant Manager Furniture Service Manager Appliance Service Assistant Manager Appliance Service Manager Inventory Assistant Manager Inventory Guards and Watchmen Mail Drivers and Couriers Lord Baltimore Press, Incorporated and Printing Specialties & Paper Products Union , subordinate to the International Print- ing Pressmen & Assistants' Union of North America, AFL- CIO, Petitioner Lord Baltimore Press, Incorporated and Local 90, Amalgamated Lithographers of America , Petitioner . Cases Nos. 18-RC-4224 and 18-RC-4233. July 26, 1960 DECISION AND DIRECTION OF ELECTIONS Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Kenneth W. Haan, 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 Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman Leedom and Members Bean and Jenkins]. 128 NLRB No. 40.