S. H. Kress & Co.

National Labor Relations Board - Board Decisions

Jan 17, 1947

72 N.L.R.B. 200 (N.L.R.B. 1947)

In the Matter of S. H. KRESS cQ, COMPANY, EMPLOYER and CULINARY
AND SERVICE WORKERS UNION, LOCAL No. 1, CIO, PETITIONER
Case No..23-RD21.Decided January 17, 1947
Messrs. George P. Kimball and C. Wendel Carlsmith , Honolulu,
T. H., for the Employer.
Mr. Ralph Vossbrink , Honolulu, T. H., for the Petitioner.
Mr. David C. Buchalter , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearing in this case was held at Honolulu,
Territory of Hawaii, on November 8, 1946, before Arnold L. Wills,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
S. H. Kress & Company, a New York corporation with its principal
office and place of business in New York City, is engaged in the retail
sale of limited price variety merchandise through approximately 240
stores in various States and Territories of the United States , includ-
ing a store in Honolulu , Territory of Hawaii , which is solely involved
herein. The record in an earlier case, ' wherein we asserted jurisdiction
over this same operation of the Employer , indicates that most of the
merchandise in the Honolulu store originates in continental United
States.
The Employer admits and we find that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
1 Hatter of S. H Kress t Company ; 34 N L . R B 1152
72N L R.B,No 36
200
S. H. KRESS & COMPANY
IT. THE ORGANIZATION INVOLVED
201
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in" accordance with the agreement of the parties, that the
following units of employees at the Employer's store in Honolulu,
Territory of Hawaii, excluding the job categories listed in Appendix
A attached hereto, and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute units appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.2
(1) All employees, including part-time employees who work
regularly five afternoons a week and all day Saturday, but excluding
office and clerical employees, confidential personnel, and employees
employed during peak periods Only .3
(2) All office and clerical employees, including the information
desk clerk, assistant information desk clerk, freight voucher clerk,
cash room clerk, and the invoices transfer clerk, but excluding the
pay-roll clerk,4 cash register book clerk, 'and the secretary to the
manager.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with'S. H. Kress & Company, Hono-
lulu, Territory of Hawaii, elections by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
2 See Matter of Goldblatt Brothers, Inc., 67 N L. R B. 674, Matter of J. L. Brandeis cE
Sons, 50 N. L R B 325.
' This unit conforms to the unit found appropriate in an earlier decision involving
this store See footnote 1, supra.
This employee appears to have complete access to information considered confidential
in the employer -employee relationship.
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, under the direction and supervision of the Regional
Director for the Twenty-third Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the units found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated before
the date of the elections, to determine in each unit, whether or not
they desire to be represented by Culinary and Service Workers Union,
Local No. 1, CIO, for the purposes of collective bargaining.
APPENDIX A
Manager
Assistant Managers
Head Stockroom Supervisor
Maintenance Supervisor
Stockroom Supervisors
Sample Supervisor
Head Sales Floor Supervisors
Sales Floor Supervisors
Soda and Lunch Supervisor
Soda and Lunch Counter
Supervisors
Cashier
Assistant Cashier
Matron
Floorman