Sears Roebuck and Co.

National Labor Relations Board - Board Decisions

Sep 30, 1941

35 N.L.R.B. 1097 (N.L.R.B. 1941)

In the Matter of SEARS ROEBUCK AND COMPANY ATWATER KENT MAIL
ORDER PLANT and UNITED RETAIL , WHOLESALE, AND DEPARTMENT
STORE EMPLOYEES OF AMERICA , LOCAL 18, C. I. O.
Case No. R-4617
CERTIFICATION OF REPRESENTATIVES
September 30, 1941
On August 13, 1941, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election an election by secret ballot
was conducted on September 9, 1941, under the direction and super-
vision of the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania). On September 11, 1941, the Regional Director
herein, pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served upon the
parties. No objections to the conduct of the ballot or to the Election
Report were filed by any of the parties. _
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list-------------------------------------- 449
Total ballots cast ------------------------------------------ 408
Total valid ballots counted----------------------------------
Ballots cast for United Retail, Wholesale, and Department
390
Store Employees of America , Local 18, C. I. 0.------------ 249
Ballots cast against United Retail, Wholesale , and Department
Store Employees of America , Local 18, C. I. 0------------- 141
Challenged ballots ------------------------------------------ 15
Blank ballots---------------------------------------------- 1
Void ballots------------------------------------------------ 2
Since the challenged ballots cannot affect the result of the election
we find it unnecessary to pass upon them.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
3 34 N . L. R. B. 244
35 N. L R. B., No. 201.
1097
7098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that United Retail, Wholesale,le, and Depart-
ment Store Employees of America, Local 18, affiliated with the Con-
gress of Industrial Organizations, has been designated and selected
by a majority of all shade-factory employees and all warehouse em-
ployees at the Atwater Kent, plant of the Company, including
merchandise handlers, division and work heads who spend 50 per
cent or more of their time in non-supervisory work, extra employees,
elevator men and porters, office and clerical employees within depart-
ments which are composed essentially of employees handling mer-
chandise, including Department 134 (pricing), ticket-office clerks,
warehouse-files clerks, memo and short-racks employees, and em-
ployees in Department 170 (billing), Department 178 (parcel-post
weighing); and Department 201 (restaurant), of Sears Roebuck and
Company Atwater Kent Mail Order Plant, Philadelphia, Pennsyl-
vania, but excluding executives, managers and assistant managers,
division and work heads who spend a majority of their time per-
forming supervisory duties, confidential secretaries, maintenance and
powerhouse employees, mail-truck drivers, Departments 150 and 637
(record clerks) except the warehouse-files clerks and memo and short-
racks employees, Departments 180 and 180-X (house inspection and
service of supply), Departments 195 and 211 (plant protection,
guards, fire inspectors), Department 204 (medical), gun-repair de-
partment, motor-repair department, general-auditing and frank
department, all invoice passers, and- the following office and clerical
departments: Department 101 (general executive) ;, Department 107
(employment and personnel) ; Department 131 (general operating) ;
Department 133 (general merchandising office) ; Department 139
(catalog addressing) ; Department 141 (catalog mailing) ; Depart-
ment 142 (advertising) ; Department 146 (mail opening) ; Depart-
ment 147 (entry) ; Department 148 (distribution and sales listing)
Department 153 (credit and collections) ; Department 154 (traffic)
Department 156 (central buying) ; Department 157 (correspondence) ;
Department 160 (collections) ; Department 162 (index) ; Department
164 (timekeeping) ; Department 167 (bookkeeping) ; Department 168
(auditing) ; Departments 168-A, 168-B, and 168-R (accounting) ; De-
partment 169 (cashier) ; Department 171 (refund and mailing)
Department 189 (customer's letter information) ; Department 203
(telephone communications) ; Department 205 (tabulating) ; Depart-
ment 206 (budgeting or purchasing) ; Department 299 (foreign ship-
ping) ; Department 414 (order offices) ; and Department 415 (tele-
phone-order takers), as their representative for the purposes of
collective, bargaining, and that, pursuant to the provisions of Section
SEARS, ROEBUCK & COMPANY 1099
9 (a) of the National Labor Relations Act, United Retail, Wholesale,
and Department Store Employees of America, Local 18, affiliated
with the Congress of Industrial Organizations, is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.