Saks and Co.

National Labor Relations Board - Board Decisions

May 29, 1946

68 N.L.R.B. 413 (N.L.R.B. 1946)

In the Matter of SAKS AND COMPANY and INTERNATIONAL LADIES GAR-
MENT WORKERS UNION, LOCAL 266, A. F. L.
Case No. 21-R-3226.-Decided May 29, 1946
Wright & Milliken, by Mr Hershel B. Green, of Los Angeles, Calif.,
for the Company.
Mr. Abe F Levy, of Los Angeles, Calif., for the Union.
Mr. Harvey B. Diamond, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Ladies Garment Workers
Union, A. F. L., for and on behalf of its affiliated Local 266, herein
called the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Saks and Company,"
Beverly Hills, California, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before William T. Whitsett, Trial Examiner. The hearing was held
at Los Angeles, California, on March 27, 1946. The Company and the
Union appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded opportunity to file briefs with the
Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Saks and Company is a New York corporation engaged in the retail
clothing business and operating stores in New York City ; Detroit, Michi-
' Although the store in Beverly Hills , California, is operated under the name "Saks Fifth
Avenue," it was stipulated at the hearing that the correct name of the Company is Saks and
Company.
68 N. L. R. B, No 52.
413
414 DECISIONS OF NATIONAL LABOR RELATIONS BEARD
gan; Miami and Palm Beach, Florida; and Beverly Hills, California.
We are only concerned here with the Beverly Hills, California, establish-
ment. During the year 1945 the Company purchased finished products
valued in excess of $3,000,000, 75 percent of which originated outside
the State of California. During the same period the Company sold
products valued in excess of $5,000,000, approximately 15 percent of
which was shipped to points outside the State of California.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Ladies Garment Workers Union, Local 266, is a labor
organization, affiliated with the American Federation of Labor, admitting
tG membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union seeks a unit of alteration tailors employed in the general
alteration department of the Company. The Company contends that a
unit of tailors which excludes dressmakers would be inappropriate.
The Beverly Hills store of the Company is operated as an exclusive
women's specialty shop, selling only ready-to-wear garments. About 60
percent of the garments sold are altered to fit the purchaser, and the
Company, therefore, maintains an alteration staff consisting of 16 tailors,
62 dressmakers and 18 fitters, in addition to managerial and clerical em-
ployees. The general alteration department alters and repairs suits,
coats, dresses, skirts, underwear and children's garments. The tailors
work exclusively on suits and coats and the dressmakers primarily on
dresses, although the latter are called upon occasionally to perform
minor alterations on suits and coats. The tailors and dressmakers work
in the same room but occupy separate tables. Both groups use needles,
thread, scissors, and, when necessary, the same sewing machines, press-
ing irons and boards. The manager and the assistant manager of the
alteration department supervise both the tailors and dressmakers, and
assign to the workers the garments to be altered after consultation with
the fitters. The fitters pin out all garments and mark all alteration tickets,
whether on coats, suits or dresses, in the same manner. They are avail-
able to tailors and dressmakers alike for consultation and advice. Work-
ing conditions, vacations, bonus, and other personnel policies are the
same for all employees although the wages of the tailors are higher
than those of the dressmakers.
The Union seeks to justify its unit contention on the ground that
alteration tailoring is a craft separate and distinct from dressmaking,
SAKS AND COMPANY 415
and furthermore because it has organized the tailors but has been un-
successful in organizing the dressmakers. We do not agree with the
contention of the Union that, in connection with the retailing of women's
garments, alteration tailors are a craft separate and distinct from altera-
tion dressmakers. Although alteration tailoring may be recognized as a
distinct craft in the garment manufacturing industry,2 the retail trade
considers women's garment alteration tailoring and dressmaking as cor-
responding and interchangeable job classifications.3 We find in this
case that both groups are highly skilled in the use of the same tools
and machines and that either one could perform the work of the other
if called upon to do so. Although the Board has found appropriate
units confined to non-craft groups on the theory that organization has
not extended beyond such groups,4 it has never done so where the group-
ing is artificial and arbitrary. The Board has always held that the ap-
propriate unit must be a readily delineable, functionally coherent, and
distinct group.5 We cannot so distinguish the tailors from the dress-
makers in the instant case. Accordingly we find that the unit proposed
by the Union is inappropriate for the purposes of collective bargaining,
and we shall dismiss the petition filed herein.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Because the bargaining unit sought to be established by the petition is
inappropriate, as stated in Section III, above, we find that no question
has arisen concerning the representation of employees of the Company,
within the meaning of Section 9 (c) of the National Labor Relations
Act.
ORDER
Upon the basis of the foregoing findings of fact, and the entire record
in this proceeding, the National Labor Relations Board hereby orders
that the petition for certification of representatives of employees of Saks
and Company, Beverly Hills, California, filed by the International Ladies
Garment Workers Union, A. F. L., for and on behalf of its affiliated
Local 266, be, and it hereby is, dismissed.
CHAIRMAN HERZoG took no part in the consideration of the above
Decision and Order.
2 Job Description for the Garment Manufacturing Industry , U. S. Dept. of Labor, June 1939,
page 141.
' Job Description for the Retail Trade , Volume II, U. S. Dept. of Labor, April 1939, pp 287,
299. Dictionary of Occupational Titles, U. S. Dept. of Labor , June 1939, p. 921
4 Matter of May Department Stores Company, 50 N L. R. B. 669; Matter of Carson Ptrse
Scott & Company, 63 N. L. R. B 1096.
6 Matter of Shell Company, Incorporated, 66 N L R B. 510; Matter of Greylrou, d 7 eronn l
of Detroit, Inc., 66 N. L. R. B . 1285, Matter of Triangle Publications, Inc, 40 N. L. R B
1330.