Sears Roebuck and Co.

National Labor Relations Board - Board Decisions

Apr 2, 1942

40 N.L.R.B. 90 (N.L.R.B. 1942)

III the Matter of SEARS ROEBUCK AND COMPANY and LOCAL 810, UNITED
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
In the Matter of SEARS ROEBUCK AND COMPANY and AMERICAN
FEDERATION OF LABOR
Cases Nos. R-3616 and R-3617, Respectively. Decided April 1, 194.
Jurisdiction : general merchandise mail order industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioners recognition until certified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : warehouse and service. department
employees, including maintenance men and watchmen, but excluding office and
clerical, and supervisory employees.
Taylor, Mayer, Shi f rin & Willer, by Mr. Ben L. Sh i frin, of St.
Louis, Mo., for the Company.
Mr. William Sentner and Mr. Herman Hardt, of St. Louis, Mo.,
for the United.
Mr. E. P. Theiss, of St. Louis, Mo., for the A. F. of L.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 11, 1941, Local 810, United Electrical, Radio & Ma-
chine Workers of America, affiliated with the Congress of Industrial
Organizations, herein called the United, filed with the Regional Di-
rector for the Fourteenth Region (St. Louis, Missouri), a, petition,
and on February 17, 1942, an amended petition, alleging that a ques-
tion affecting commerce has arisen concerning the representation of
employees of Sears Roebuck and Company, St. Louis, Missouri, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor'
Relations Act, 49 Stat. 449, herein called the Act. On February 19,
1942, American Federation of Labor,- herein: cal led.. the A. F..,of, L.,
filed a similar petition with the Regional Director.
40 N. L. R B, No. 14.
1 90
SEARS ROEBUCK AND COMPANY 91
On February 25, 1942, the National Labor Relations Board, herein
called the Board, acting pursuant tb Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice, and pursuant to Article
III, Section 10 (c) (2), of said Rules and Regulations, further or-
dered that the cases be consolidated.
On February 28, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
United, and the A. F. of L. Pursuant to notice, a hearing was held
on March 6, 1942, at St. Louis, Missouri, before Jack G. Evans, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company was represented by counsel and the United and the A. F.
of L. by representatives; all participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing upon the issues was afforded all parties.
During the course of the hearing the Trial' Examiner made various
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Sears Roebuck and Company, a New York corporation, licensed
to do business in the State of Missouri, is engaged in the sale and
distribution of a wide variety of articles and merchandise throughout
the United States by mail order and retail stores. The Company's
warehouse and service department, involved herein, is located at
1024 South Vandeventer Avenue, St. Louis, Missouri. During the
calendar year 1941, the warehouse and service department handled
approximately $3,000,000 worth of merchandise such as refrigerators,
radios, stoves, automobile parts, plumbing and heating equipment,
and farm equipment, over 90 per cent of which was shipped to it
from points outside the State of Missouri. Approximately 67 per
cent of this merchandise was distributed through the Company's
retail store in St. Louis, Missouri, and the balance was shipped direct
to customers or to, other retail stores in the vicinity, located, in some
instances in the State of Illinois. During this period the warehouse
and service department employed approximately 125 employees.
92 UE'CPSJIONiS OF NiATTONAL LABOR R'E'LATMOiNS BOARD
The Company admits that it is engaged in commerce within the -
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Local 810, United Electrical, Radio & Machine Workers of Amer-
ica, is a labor organization affiliated with the Congress of Indus-
trial Organizations. It admits to membership employees of the
Company.
American Federation of Labor is a labor organization and admits
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize either the United or the
A. F. of L. as the representative of the Company's warehouse and
service department employees until certified by the Board. A state-
ment of the Regional Director introduced in evidence at the hearing
shows that the United and A. F. of L. each represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
1V. THE EFFECT OF TILE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE-
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree that all warehouse and service department em-
ployees, including maintenance men and watchmen, but excluding
' The Regional Diiector's statement shows that the United submitted 47 application-
membership cards; 45 aie dated between October 29 and December 16, 1941, and 2 are
undated; all signatures thereon appear to be genuine and original ; and 42 appear to be
the signatures of persons whose names are on the Company 's current pay roll containing
90 employees in the unit alleged, by the United to be appropriate
The statement further shows that the A. F of L. submitted 61 authorization cards, all
of which are dated between December 1 and 30, 1941 , and appear to bear genuine and
original signatures ; 54 appear to be the signatures of persons whose names are on the
Company 's cut rent pay roll containing 119 employees in the unit alleged by the A. F. of L.
to be appropriate
At the hearing the parties agreed to exclude clerical employees and the Trial Examiner
made an addition to the Regional Director 's statement to the effect that of the 119 em-
ployees on the Company' s current pay roll, 29 were clerical employees and that of these 29
employees , the A. F of L. submitted 6 authorization cards.
SEARS ROEBUCK AND COMPANY 93
office and clerical , and supervisory employees , constitute an appro-
priate bargaining unit. The parties are in controversy as to the
proper classification of eight employees , viz, Kenneth Sattgast, Wil-
liam Locknit , William Ward, Tom Maddox, George Blakely, John
Thomas, Lagora White, and Wiley Weilmeister . The United con-,
tends that these employees are foremen within the excluded category
of supervisory employees . The Company agrees with the A . F. of L.
that they are, at most , work leaders and should be included in the
unit.
All- the employees in dispute are hourly paid and work together
with the other employees . They have no power to hire or discharge,
to recommend hire or discharge , or to penalize . They do have the
duty to report violations of Company policy, lack of output,
insubordination , and misconduct.
It is clear from the record that Kenneth Sattgast , who is in charge
of the service repair shop ; William Ward, described by the United
as "foreman of stoves , Cold-Spots, washers and ironers"; George
Blakely, described by the United as "furniture foreman "; and John
Thomas, who directs a crew of 2 to 15 men, depending upon the
volume of work, in counting , storing, and filling orders for incoming
merchandise , spend 80 per cent or more of their time in manual labor.
The United offered no evidence as to the duties of Lagora White, and
referred to Wiley Weilmeister , merely as being "over building mate-
rials." The Company and the A. F. of L . asserted that White and
Weilmeister ( as well as Thomas, mentioned above ) perform substan-
tially the same duties as the other alleged supervisors whose status
is disputed , and as 4 other work leaders whose exclusion the United
did not seek . We find that the supervisory duties of Kenneth Satt-
gast, William Ward, George Blakely, John Thomas, Lagora White,
and Wiley Weilmeister are insufficient to warrant their exclusion
from the unit and shall accordingly include them.
William Locknit , who is described by the United as the "service
supervisor ," directs the work of the service department which handles
customer complaints . He is also in charge of a group of girls whom
he teaches and supervises in handling service complaints directly
with customers . According to the United , he performs no manual
labor. The Company asserts that he does some service repair work
but admits that it is only about 20 per cent of his work. We find
that William Locknit is a supervisory employee and should be
excluded from the unit.
Tom Maddox is in charge of car unloading and directs the work
of from 2 to 25 men, depending upon the volume of work, in the
receipt of in-bound merchandise . Although the Company maintains
"he is a production employee" it is admitted he does only "some
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manual labor." We find that Tom Maddox is a supervisory, employee
and should be excluded from the unit.
We find, therefore, that all employees of the warehouse and service
department of the Company at St. Louis, Missouri, including Ken-
neth, Sattgast, William Ward, George, Blakely, John, Thomas, La-
gora White, and Wiley Weilmeister, and maintenance men and
watchmen, but excluding office and clerical, and supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise will effectuate the policies of the Act.
VI. 'THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot among the
employees in' the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Sears Roebuck and Company, St. Louis,
Missouri, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All employees of the warehouse and service department of the
Company at St. Louis, Missouri, including Kenneth Sattgast, Wil-
liam Ward, George Blakely, John Thomas, Lagora White, and Wiley
Weilmeister, and maintenance men and watchmen, but excluding
office and clerical, and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations' Act.
DIRECTION OF ELECTION
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
SEARS ROEBUCK AND COMPANY 95
with Sears Roebuck and Company, St. Louis, Missouri, an election
by secret' ballot shall be conducted as early as possible but not later
than thirty (30) days from the date of this Direction of Election,,
under the direction and supervision of the Regional Director for the
Fourteenth Region, acting in this matter as, agent'for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all employees of the warehouse and
service department of Sears Roebuck and Company, St. Louis; Mis-
souri, who were employed during the pay-roll period immediately
preceding the date of this Direction, including Kenneth Sattgast,
William Ward, George Blakely, John Thomas, Lagora White, and
Wiley Weilmeister, maintenance men, watchmen, and employees who
did not work during such pay-roll period because they were ill or on
vacation, or in the active military service or training of the United
States, or temporarily laid, off, but excluding office and clerical, and
supervisory employees, and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Local 810, United Electrical, Radio & Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
or by the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
In the Matter of SEARS ROEBUCK AND COMPANY and LOCAL 810,
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFIL=
IATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
In the Matter of SEARS ROEBUCK AND COMPANY and AMERICAN
FEDERATION OF LABOR
Cases Nos. R-3616 and R-3617, respectively
CERTIFICATION OF REPRESENTATIVES
May 9, 194
On April 2, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on April 22, 1942, under
the direction and supervision of the Regional Director for the Four-
teenth Region (St. Louis, Missouri). On April 23, 1942, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report. No objections
to the conduct of the ballot or to the Election Report have been
filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list_____________________________________ 83
Total ballots cast_-- --------------------------------------- 81
Total ballots challenged____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots__________________________________________ 0
Total valid votes counted___________________________________ 81
Votes cast for American Federation of Labor _________________ 50
Votes cast for Local 810, United Electrical , Radio & Machine
Workers of America, C . I. O_______________________________ 30
Votes cast for Neither ______________________________________ 1
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 9,
1 40 N. L R B 90.
40N.L R B, No 15
96
1
SEARS ROEBUCK AND COMPANY 97
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that American Federation of Labor has been
designated and selected by a majority of the employees of the ware-
house and service department of Sears Roebuck and Company at
St. Louis, Missouri, including Kenneth Sattgast, William Ward,
George Blakely, John Thomas, Lagora White, and Wiley Weil-
meister, and maintenance men and watchmen , but excluding office
and clerical , and supervisory employees , as their representative for
the purposes of collective bargaining , and that, pursuant to Section
9 (a) of the Act , American Federation of Labor is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages , hours of employment,
and other conditions of employment.
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