Sears Roebuck & Co.

National Labor Relations Board - Board Decisions

Jan 18, 1943

46 N.L.R.B. 1198 (N.L.R.B. 1943)

In the Matter Of SEARS ROEBUCK & COMPANY and FURNITURE, DE-
PARTMENT STORE PARCEL DELIVERY DRIVERS, HELPERS & WAREHOUSE-
MEN, LOCAL UNION No. 193, AFFILIATED WITH THE I . B. OF T.,
C. W. & H. OF A., (A. F. OF L.)
Case No. R-4704.-Decided January 18, 1943
Jurisdiction : general retail and mail order merchandising industry.
Investigation and Certification of Representatives : existence of question: stipu-
lation as to; election necessary.
Unit Appropriate for Collective Bargaining : all warehouse employees at one
warehouse, excluding supervisory, clerical and office employees ; stipulation
as to.
Mr. Carl Wilde, of Indianapolis, Ind., for the Company.
Mr. Russell T. House, of Indianapolis, Ind., for the Union.
Mr. Robert E. Tillman, of counsel tohthe Board.
DECISION
AND
DIRECTION OF. ELECTION
STATEMENT OF THE CASE
. Upon petition duly filed by Furniture, Department Store Parcel
Delivery Drivers, Helpers & Warehousemen, Local Union No. 193,
affiliated with the I. B. of T., C. W. & H. of A., (A. F. of L.), herein
called the Union,l alleging that a question affecting commerce had
arisen concerning the representation of employees of Sears Roebuck &
Company, herein called the Company, at its warehouse in Indian-
apolis, Indiana, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Frank M. Kleiler,
Trial Examiner. Said hearing was held at Indianapolis, Indiana,
on December 29, 1942. The Company and the Union appeared, par-
ticipated, and were afforded full opportunity-to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
' The name of the Union appears herein as amended at the hearing In the petition and
other formal papers, the Union was designated " Furniture , Department Store Parcel Deliv-
dry Drivers, Helpers & Warehousemen, Local Union #193 Affiliated with Teamsters Inter-
national Union-A F. of L."
4e N. L R. 13, No 146.
1198
SEARS ROEBUCK & COMPANY 1199
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire-record in the case, the Board makes the following:
FINDINGS bFFACT
I. THE BUSINESS OF THE COMPANY
Sears Roebuck & Company, a New York corporation, is engaged in
the sale and distribution of a wide variety, of articles and merchandise
throughout the United States by mail order and through retail stores.
The Company maintains a warehouse in Indianapolis, Indiana, which
is alone involved in this proceeding. At this warehouse, various items
in which the Company deals are received and distributed. During the
year 1942, goods, wares, and merchandise having a value in excess of
$300,000, were received at this warehouse. More than 50 percent of the
items received came from points outside the State of Indiana. During
the same period, the value of the goods, wares and merchandise distrib-
uted from the warehouse exceeded $300,000. Substantially all the arti-
cles distributed were sold in the State of Indiana. The Company
admits that it is engaged in commerce within the meaning of, the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Furniture, Department Store Parcel Delivery Drivers, Helpers &•
Warehousemen, Local Union No. 193, is a labor organization affiliated
with the International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, and with the American Federation
,of Labor. It admits to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation has
arisen in that the Uiiion requested recognition from the Company as
the exclusive bargaining representative of the employees in the unit
which the Union alleges to be-appropriate; and that the Conipany
refused to extend recognition unless and until the Union is certified
by the Board.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
2`1 he Regional Du ector stated that the Union submitted 15 apphcation-for-membeislup
,cards, all dated in September 1942, and all bearing apparently genuine oiiginal signatures;
and that 11 cai ds bole names of pcw sons whose names were listed on a recent pay roll of
the Company containing the names of 20 employees in the unit hereinafter found appropi late
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a 'question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and'(7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
warehouse employees of the Company in its warehouse at 1140 Division
Street, Indianapolis, Indiana, excluding supervisory, clerical and office
employees, 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 concerning representation which
has arisen be resolved by an election by secret ballot. The Union
requested that eligibility to vote be determined by the pay-roll period
ending December 3, 1942. We see no reason to depart from our usual
practice and shall direct that those eligible to vote shall be the em-
ployees 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 Direc-
tion.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, 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 &
Company, at its warehouse in Indianapolis, Indiana, 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; under the direction
and supervision of the Regional Director for the Eleventh Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, 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
preceding the date of this Direction, including any such 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
SEARS ROEBUCK & COMPANY 1201
for cause, to determine whether or not they desire to be represented
by Furniture, Department Store Parcel Delivery Drivers, Helpers &
Warehousemen, Local Union No. 193, affiliated with the I. B. of T.,
C. W. & H. of A. (A. F. of L.), for the purposes of collective
bargaining.,
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
504086-43-vol. 46-76