Sears Roebuck and Co.

National Labor Relations Board - Board Decisions

Mar 6, 1946

66 N.L.R.B. 339 (N.L.R.B. 1946)

In the Matter of SEARS ROEBUCK AND Co. and RETAIL CLERKS UNION,
LOCAL #698, OF THE RETAIL CLERKS INTERNATIONAL PROTECTIVE
ASSOCIATION, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. 8-R-2025.-Decided March 6, 1946
Messrs. R. D. Hooke and Dale M. Race, of Chicago, Ill., for the
Company.
Messrs. A. L. Jacobson and L. W. Radabaugh, of Akron, Ohio, for
the Union.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Retail Clerks Union, Local #698, of
The Retail Clerks International Protective Association, affiliated
with the American Federation of Labor, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Sears Roebuck and Co., Akron,
Ohio, store, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George F. Hayes, Trial Examiner. The hearing was held at Akron,
Ohio, on January 22, 1946. The Company and the Union appeared
and participated.' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby af-
firmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following :
'Truck Drivers Union, Local 348, A. F. L, also served with potice, did not appear.
66 N. L. R. B., No. 40.
339
340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sears Roebuck and Co. is a corporation organized and doing busi-
ness under the laws of the State of New York, with a branch store
located at Akron, Ohio. During the past fiscal year the Company
sold at its Akron branch store merchandise valued in excess of
$500,000, of which over 50 percent was received from outside the
State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Retail Clerks Union, Local #698, of The Retail Clerks Inter-
national Protective Association, affiliated with the American Feder-
ation of Labor , is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 12, ,1945, at an informal conference, the Company
denied the Union's requested recognition as bargaining representa-
tive of its employees.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the, representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the, Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with an agreement of the parties,
that all employees of the Company at its Akron, Ohio, store, exclud-
ing store manager , assistant store manager, store auditors, division
manager departments 42 and 64,3 P. B. X. operator, auditing de-
partment , cashier, assistant cashier, credit department, credit man-
ager, unit control department, control clerk, employees covered by
the Teamsters' contract,4 and all other supervisory employees with
f The Field Examiner reported that the Union submitted 44 membership cards dated
during the latter months of 1945. There are approximately 79 employees in the ap-
propriate unit.
3 Frank Perunko is head of heating , plumbing and building material department which
makes up departments 42 and 64.
& The Teamsters ' contract covers the following job classifications : attendant service
station , warehouse furniture finisher, receiver and assistant receiver, helper, receiving
room, warehouse helper, warehouse, customer service manager, radio repair, service
repair , shipping clerk, service man , warehouse helper part-time.
SEARS ROEBUCK AND CO. 341
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question oncern ing representation which
has arisen be resolved by an election y secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sears Roebuck
and Co., Akron, Ohio, store, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of
the Regional Director for the Eighth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented
by Retail Clerks Union, Local #698, of The Retail Clerks Inter-
national Protective Association, affiliated with the American Feder-
ation of Labor, for the purposes of collective bargaining.
AIR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.