R. H. Macy & Co., Inc.

National Labor Relations Board - Board Decisions

Jan 17, 1949

81 N.L.R.B. 186 (N.L.R.B. 1949)

In the Matter of R. H. MACY & Co., INC., EMPLOYER and MACY
DEPARTMENT STORE EMPLOYEES UNION, LOCAL 1-S, PETITIONER
Case Nos. 2-RC-798 and 2-RC-900.-Decided January 17, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a hearing in the above consoli-
dated cases 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 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 organizations named below 1 claim to represent em-
ployees 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 Section 2 (6) and (7) of the Act.
4. The appropriate unit :
In substantial agreement with the parties,2 we find the following
employees of the Employer constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
Reynolds , Murdock, and Gray.
We find that the Petitioner and Retail , Wholesale and Department Store Employees
Union, Local 1-S, CIO, Intervenor herein , are labor organizations within the meaning of the
Act. Matter of Myers -Sherman Company , 71 N L. R. B 910. Matter of Ozark Dam
Constructors , 77 N. L R B 1136 The Retail Clerks International Association, AFL,
is likewise an Intervenor in this proceeding
2 Although all parties were in agreement with the inclusions and exclusions in the unit
set forth above, the Petitioner originally sought two separate units, one covering the
employees at the Herald Square , Parkchester and Jamaica stores, and one unit covering
the employees at the Brooklyn store. The Employer on the other hand urged four separate
units , or one for each store involved herein. The Intervenors claimed that a single
grouping of employees in the Herald Square, Parkchester , Jamaica, and Brooklyn stores
was the only appropriate unit. However , subsequent to the hearing , the Petitioner filed
81 N. L. R. B., No. 26.
186
R. H. MACY & CO., INC. 187
of the Act: all staff employees at the Employer's Herald Square,
Parkchester, Jamaica and Brooklyn stores, but excluding officers,
executives, members of the training squad, professional employees 3
nurses, doctors, employees who work less than 5 days per week, per-
sonnel employees, protection department employees other than
waiting-room checkers, confidential employees, cooperative students,
demonstrators (except those who demonstrate cosmetics and beauty
preparations), school and college students performing services pur-
suant to merchants' agreements, switchboard operators other than
those employed in the Parkchester and Jamaica stores, maintenance
mechanics, and other craft employees covered by contracts with other
unions, regulation staff heads, 25-year Club members who became
such prior to May 10, 1948, and supervisors 4 as defined by the Act.
DIRECTION OF ELECTION 5
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
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of the Na-
tional Labor Relations Board Rules and Regulations-Series 5, as
amended, among the employees in the unit found appropriate in para-
graph numbered 4, above, who were employed during the pay-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 ex-
cluding 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 they desire to be represented,
for purposes of collective bargaining, by Macy Department Store
Employees Union, Local 1-S, unaffiliated, or by Retail, Wholesale and
Department Store Employees Union, Local 1-S, CIO, or by Retail
Clerks International Association, AFL, or by none.
a motion to amend its contentions with respect to the unit to include in a single unit the
employees in all four stores Likewise , the Employer , by motion subsequent to the hearing,
formally changed its unit contention and is now in agreement with all the parties hereto.
8 There is some indication in the record to the effect that the optometrists , opticians,
pharmacists , and engineers in the Employer 's Bureau of Standards are professional em-
ployees However, there is insufficient evidence for us to determine their status as pro-
fessional or non-professional employees . We shall, therefore , permit them to vote subject
to challenge at the election.
4Included in this category are staff supervisors Frisbie, Wilson, Miller, Sperl, Beebe
and Dubrowin.
6 Any participant in the election directed herein may , upon its prompt request to,
and approval thereof by , the Regional Director , have its name removed from the ballot.