Sears Roebuck & Co.

National Labor Relations Board - Board Decisions

Apr 13, 1943

48 N.L.R.B. 1170 (N.L.R.B. 1943)

In the Matter of SEARs ROEBUCK & COMPANY and UNITED RETAIL)
WHOLESALE AND DEPARTMENT STORE EMPLOYEES or., AMERICA, C. I. O. ,
In'the Matter of HENRY ROSE STORES , INC. and UNITED RETAIL, WHOLE-
SALE cC DEPARTMENT STORE EMPLOYEES OF AMERICA , LOCAL 138, C. 1. 0.
In'the Matter Of SEARS ROEBUCK AND COMPANY and SEARS DEPARTMENT
STORE EMPLOYEES, LOCAL # 1514, A. F. OF L.
Cases Nos. R-4300 through R-4302 respectively .Decided April 13,
194'3
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
DIRECTION
DIRECTION OF RUN-OFF ELECTION
AND
ORDER
On November 11, 1942, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in this
proceed1ng.1 Pursuant to the Direction of Elections, separate elec-
tions by secret ballot were conducted on December 9, 1942, at the
Detroit, Michigan, warehouses and stores of Sears Roebuck & Com-
pany, listed below, under the direction and supervision of the Regional
Director for the Seventh Region (Detroit, Michigan). On December
24, 1942, the Regional Director, acting pursuant to Article III, Section
10, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, duly issued and served upon the parties an,
Election Report.
As to the balloting and its results, the-Regional Director reported as
follows :
Bouleva-id and Mtlwvaukee 7Vaiehouscs
Total on - eligibility list-------------------------------------- 81
Total ballots cast -------------------------------------------- 73
Total ballots challenged------------------------------------ 0
Total blank ballots------------------ ------------------------- 0
Total void ballots----------- - -__________^------------------- 2
14.5N L R B 526
48 N L. R B, No 138
1170
-S'EARS ROEBUCK & COMPANY 1171
Total valid votes counted ------------------------------------ 71
Votes cast for Congress of Industrial Organizations ----_-_--__ 50
Votes cast for American Federation ,of Labor __________________ 10
Votes cost for neither--------------------------------------- -11
Lawton. Warehouse
Total on eligibility list -------------------------------------- 16
Total ballots cast------------------------------------------- 16
Total ballots challenged------------------------------------- 2
Total blank ballots ------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes counted ----------------------------------- 14
Votes cast for Congress of Industrial Organizations ------------ 10
Votes cast for American Federation of Labor------------------ 0
Votes cast for neither --------------------------------------- 4
Grand River Store
Total on eligibility list-------------------------------------- 278
Total ballots cast-- ----------------------------------------- 247
Total ballots challenged------------------------------------- 9
Total blank ballots----------------------------------------- 0
Total void ballots ------------------------------------------- 1
Total valid votes counted- --------- ------------------------- 237
Votes cast for Congress of Industrial Organizations-_-__-_---- 107
Votes cast for American Federation of Labor----------------- 88
Votes cast for neither-------------------------------------- 42
Woodward Store
Total on eligibility list-------------------------------------- 203
Total ballots cast------------------------------------------ 172
Total ballots challenged------------------------------------- 1
Total blank ballots `----_____ _________________________ 0
Total void ballots------------------- --------------------- 1
Total valid votes counted----------------------------------- 170
Votes cast fox Congress of Industrial Organizations ------------ 51
Votes cast for American Federation of Labor------------------ 58
Votes cast for neither-------------------------------------- 61
Gratiot Store
Total on eligibility list-------------------------------------- 203
Total ballots cast------------------------------------------- 187
Total ballots challenged------------------------------------- 8
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 1
Total valid, votes counted----------------------------------- 178,
Votes cast for Congress of Industrial Organizations-_--__-___- 71
Votes cast for American Federation of Labor__________________ 88
Votes cast for -neither --------------------------------------- 19
521247-43-vol. 48 75
• 1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On December 30, 1942, and January 2, 1943, the Company and the
C. I. O. filed objections to the Election Report. The Company's-objec-
tions relate only to the Regional Director's recommendations for a
run-off election in the Woodward Store. The C. I. O. objections relate
only to the elections at the Gratiot and Grand River Stores.
On March 27, 1943, the Regional Director issued his Report on
Objections, recommending that the Board find that the objections
filed by the Company and the C. I. O. raise no substantial and material
issue with respect to the conduct of the ballot.
With respect to the Woodward Store, the Company contends that
the recommendation for a run-off election is contrary to the established
rules and practices of the Board, because a plurality of the votes cast
were for "neither." We agree with the Company, and shall dismiss
the petition for investigation insofar as it relates to the Woodward
Store.2
With respect to the Gratiot and Grand River Stores, we have consid-
ered the objections filed by the C. I. O. and the Regional Director's
Report thereon and find that the objections raise no substantial and
material issue with respect to the conduct of the ballot or to the Elec-
tion Report. The objections are hereby overruled.
With respect to the Boulevard and Milwaukee Warehouses and the
Lawton Warehouse, we shall certify the collective bargaining repre-
sentative selected by a majority of employees of the Company in each
such unit, heretofore found to be appropriate for collective bargaining.
With respect to the Gratiot Store, in view of the necessity of counting
the challenged ballots to determine the results of the election, the
Regional Director investigated the validity of the eight challenged
ballots and reported .his findings and recommendations with respect
to each of them. The Regional Director reported that of those eight
ballots, one was challenged by the Board agent, two each by the A. F. L.
and the C. I. 0., and three by the Company. The challenged ballots
were those of Albert Anderson, Olive Gladiator, Fred Harrold, Man-
rice Kahldon, James Lightfoot, Bertha Orr, Beatrice Reese, and
Eleanor Sernak. The Regional Director further reported that there
was merit in the challenges to the ballots of Albert Anderson and James
Lightfoot, and recommended that such challenges be sustained. The
Regional Director further reported that the Company challenges to
the ballots of Bertha Orr and Eleanor Sernak were withdrawn by the
Company; and that there was no merit in the remaining four chal-
lenges. He recommended that these six ballots be counted.
2 Matter of Emil J. Poidar Company , a corporation and United Furniture Workers of
America, Local 18-B, affiliated with the Congress of Industrial Organizations , et al., 26
N. L. R B . 1486 ; Matter of Luders Marine Construction Company and International Asso-
ciot2on of Machinists , affiliated with the American Federation of Labor, 32 N. L. R. B.
1268; Matter of Borden Mills, Inc. and Textile Workers Union of America, 32 N. L. R. B.
1270.
SEARS -ROEBUCK & COMPANY 1173
None of, the, objections filed herein relate to the aforesaid challenges
or the Regional Director's report and recommendations with respect
thereto. Accordingly, we find that Albert Anderson and James Light-
foot were.not eligible to vote in the election and their ballots are hereby
declared invalid. We further find that Olive Gladiator, Fred Harrold,
Maurice-Kalildon, Bertha Orr, Beatrice Reese, and Eleanor Sernak
were eligible to vote in the election, and their ballots are hereby declared
valid. Since the results of the election may depend on the counting
of the six challenged ballots of eligible voters named above, we shall
direct that they be counted.
Requests for run-off elections to be conducted by the Board in the
Gratiot, Grand River, and Woodward Stores were duly filed. Since
other provision is herein made for the Gratiot and Woodward Stores,
we shall only consider the request with respect to the Grand River
Store. Although neither of the competing labor organizations re-
ceived a majority of the votes cast, the results of the election show
that a substantial majority of the employees in the Grand River Store
desire to bargain collectively with the Company. In accordance with
our usual practice ,3. we shall direct a run-off election in this unit, in
which the eligible employees will be given an opportunity to decide
whether they desire to be represented by the C. I. O. or the A. F. L. for
the purposes of collective bargaining. '
On April 3, 1943, the C. I. O. filed a paper requesting the Board to
reconsider and change the eligibility rules and pay-roll date provided
for in the Direction of Elections. Since the run-off election herein
ordered is merely a further step in the instant proceeding for the
investigation of representatives, we shall not make the requested
changes. The requests of the C. I. O. are hereby denied 4
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 9 and 10, of the
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY ORDERED that the petitions for investigation and certi-
fication of representatives of employees of Sears Roebuck & Company,
Detroit, Michigan, filed by United Retail, Wholesale and Department
Store Employees of America, C. 1. 0., and Local 138 thereof, and Sears
Department Store Employees, Local #1514, A. F. of L., so far as they
relate .to the Woodward Store, be, and they hereby are, dismissed.
Matter of R K. Le,Blond Machine Tool Co . Cincinnati Electrical Tool Oo and Inde-
pendent Employees Organization, 22 N L. R B 465.
4 Matter o f Aluminum Company of America and Aluminum Employees Association, et at,
13N.L R.B.79.
1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 9 and 10, of
the National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT Is HEREBY CERTIFIED that United Retail, Wholesale and Depart-
ment Store Employees of America, Local 138, C. I. 0., has been
designated and selected by a majority of all employees of the Boulevard
and Milwaukee Warehouses of Sears Roebuck & Company, Detroit,
Michigan, excluding the general manager, assistant managers, depart-
ment heads who do not work, private secretaries , stock record depart-
ment employees, telephone operators, and all office employees, as
their representative for the purposes of collective bargaining, and
that pursuant to the provisions of Section 9 (a) of the National Labor
Relations Act, United Retail, Wholesale and Department Store Em-
ployees, Local 138, C. I. 0., 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.
IT IS HEREBY CERTIFIED that United Retail, Wholesale and Depart-
ment Store Employees of America, Local 138, C. I. 0., has been desig-
nated and selected by a majority of all employees of the Lawton Ware-
house of Sears Roebuck & Company, Detroit, Michigan, excluding the
general manager, assistant managers, department heads who do not
work, private secretaries, stock record department employees, tele-
phone operators, and all office employees; as their representative for
the purposes of collective bargaining, and that pursuant to the pro-
visions of Section 9 (a) of the National Labor Relations Act, United
Retail, Wholesale and Department Store Employees, Local 138,
-,C. I. 0., 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.
DIRECTION
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,
49 Stat. 449, and pursuant to Article III, Sections 9 and 10, 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 & COMPANY 1175
with Sears Roebuck & Company , Detroit, Michigan , insofar as it
relates to the Company 's Gratiot Store, the Regional Director for
the Seventh Region ( Detroit, Michigan ) shall, pursuant to the Rules
and Regulations of the Board, set forth above, and subject to Article
'III, Section 10, of said Rules and Regulations , within ten , ( 10) days
from the date of this Direction , open and count the ballots of Olive
Gladiator, Fred Harrold, Maurice Kahldon, Bertha Orr, Beatrice
Reese, and Eleanor Sernak , and thereafter prepare and cause to be
served upon the parties in this proceeding a Supplemental Election
Report, embodying therein his findings and his recommendations as to
the results of the balloting.
DIRECTION OF RUN-OFF 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, 49 Stat. 449, and pursuant to Article III, Sections 9 and 10, 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
with Sears Roebuck & Company, Detroit, Michigan, insofar as it
relates to the Company 's Grand River Store , 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 Seventh Region ( Detroit,
Michigan ), 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 of the Company 's Grand River
Store, as described in the Direction of Election issued on November
11, 1942, but excluding those who have since quit or been discharged
for cause, to determine whether they desire to be represented by the
C. I. O. or by the A. F. L. for the purposes of collective bargaining.