Sears Roebuck and Co.

National Labor Relations Board - Board Decisions

May 24, 1943

49 N.L.R.B. 1081 (N.L.R.B. 1943)

In the Matter of SEARS -ROEBUCK AND COMPANY and LOCAL 214, MAIL
ORDER, WAREHOUSE & DISTRIBUTION WORKERS, ILWU-CIO
Case No. R-3979
FOURTH SUPPLEMENTAL DECISION'
I AND
CERTIFICATION OF REPRESENTATIVES
May 04, 1943
Pursuant to the Third Supplemental Decision and Direction of
,Run-Off Election issued by the Board herein on March 18, 1943, an
election by secret ballot was conducted under the direction and super-
vision of the Regional Director for the Eighteenth Region (Minneap-
olis, Minnesota), on April 8, 1943. On April 9, 1943, the Regional
Director, acting pursuant to Article III, Section 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued and duly served upon the parties a Report on Ordered Election.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters---------------------- 1,018
Total ballots cast----------------------------------------- 880
Total ballots challenged----------------------------------- ' 3
Total void ballots ------------------------------------------ 4
Total valid votes counted-------------------------------- 873
Votes cast for American Federation of Labor________________ 423
Votes cast for Local 214, Mail Order, Warehouse & Dis-
tribution Workers, ILWU-CIO -------------------------- 450
On April 13, 1943, Eleanor Boorman, Duane Galen, Morton Ander-
son; Edward-Folta, Wilbur Prepeychal, Thea Soteraplos, Nellie Hess,
and Mae 'Farr, employees of the Company, filed objections to the
run-off election on the ground that the ballot used in said election
did not provide for a "Neither" choice, and that said employees were
thereby deprived of their right to register their choice in the election.
Since the ballot conformed with the usual practice of the Board,
there is no merit in this contention.
On April 14, 1943, the A. F. of L. filed objections to the election,
alleging that the Company interfered with the conduct of the election
49 N L. R. B, No. 156. -
1081
1082 DE,OISIONS OF NATIONAL LABOR RELATIONS BOARD
by the acts of certain supervisory employees; that the Company, upon
instructions by the Regional Director, posted a notice on the day before
the election, the effect of which was to imply that the Board was
lending aid and comfort to the C. I. O. and that the A. F. of L. had
conducted itself in an -improper manner; that the Regional Director
fixed the date of the election and prescribed rules for holding said
election without the usual meeting of the parties; and that the Board
refused to postpone the election in order to conduct a hearing to de-
termine what employees were properly eligible to take part in the
election.'
On May 1, 1943, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued a Report on Objections recom-
mending that the objections of the A. F. of L. and of the individual
objecting employees be dismissed.
The Board has considered the objections and the Regional Director's
Report on' Objections. With respect to the contention that the acts
of certain supervisory employees constituted interference by the Com-
pany, we find no evidence of an attempt to influence the employees'
choice in the election. Moreover, the notice posted by, 'the Company
on ,April 7, 1943, 'clearly stated that the Company was neutral in the
controversy.
There is no merit in'the contention 'that the election should be set
aside because the Regional Director fixed the date of the election and
prescribed rules for holding the election without the usual meeting of
the parties. It appears that all details 'of the run-off election were
identical with those in two-previous elections in this case, which the
parties stated were satisfactory, and that the date was set after con-
sultation with all parties as to the most- appropriate day for holding
the election.
The objections to the election are hereby overruled.'
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 9 and 10, of NationarLabor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY, CERTIFIED that Local 214, Mail Order, Warehouse &
Distribution Workers, ILWU-CIO, has been designated and selected
by a majority of the employees in the operating auditing divisions
of the Company's mail order plant in Minneapolis, Minnesota, in-
cluding outside warehouses 2 and 3, work heads, and extra employees,
i On April 3 and 6 , 1943, the Board denied a motion of the A. F. of L. for a postponement
of the election and for a hearing to' redetermine eligibility.
SEARS ROEBUCK AND COMPANY 1083
but excluding all - executives,- supervisory employees, timekeepers,
auditing department 168, buyers and reorder clerks, special merchan-
dise department, department series 400, personnel and medical depart-
ments, special police, special staff, efficiency department, credit union,
office of order administration, watchmen, and all retail store and retail
warehouse employees, as their representative for the purposes of
collective bargaining, and that pursuant to Section 9 (a) of the Act,
said organization is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.