Stern Brothers

National Labor Relations Board - Board Decisions

Jul 30, 1957

118 N.L.R.B. 910 (N.L.R.B. 1957)

910 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. By discriminating against its employees the Respondent has engaged in un-
fair labor practices within the meaning of Section 8 (a) (3) and (1) of the Act.
3. By interfering with, restraining, and coercing its employees in the exercise of
the rights guaranteed in Section 7 of the Act, the Respondent has engaged in unfair
labor practices within the meaning of Section 8 (a) (1) of the Act.
4. The aforesaid labor practices affect commerce within the meaning of Section
2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
Stern Brothers and Local 5, District 65, Retail , Wholesale & De-
partment Store Union , AFL-CIO, Petitioner. Case No. 2-RC--
7941. July 30,1957
SUPPLEMENTAL DECISION, ORDER, AND DIRECTION
OF ELECTION
On May 21, 1957, the Board issued a Decision and Order 1 in the
above-entitled proceeding, dismissing the petition for an election upon
the ground that the Petitioner had not submitted evidence of sufficient
interest among the employees at the Employer's Great Neck store to
justify holding an election. On May 27, 1957, the Petitioner filed a
motion for reconsideration contending that it had made a sufficient
showing of interest for the number of employees it believed involved,,
and that it had eight additional authorization cards, of which photo-
stats were attached, which it was desirous of submitting, and request-
ing that the Decision and Order be set aside and an election directed.
Thereafter, the Employer filed .an answer to the motion opposing the
relief sought.
The Board having duly considered the motion, the answer, the
Decision and Order, and the entire record in the case, finds as follows :
In making its various unit requests with respect to the selling and
nonselling employees at the Employer's Great Neck store, the Peti-
tioner sought, contrary. to the Employer, to exclude contingent em-
ployees, viz, those employees who worked only on Thursday night and
Saturday. The Board found that the appropriate voting group at
the Great Neck store was all ceiling and nonselling employees, includ-
ing the contingents. However, it appeared from a field examiner's
report to the Board that the Petitioner did not have the requisite
30-percent evidence of showing of interest in the enlarged voting group
to justify proceeding with the election. Accordingly, and as the
Board found no question concerning representation among the em-
ployees at the Employer's New York city store, the petition was dis-
missed. Subsequent to the filing of the instant motion, the field
examiner submitted to the Board a further report on showing of
1 Not reported in printed volumes of Board Decisions and Orders.
118 NLRB No. 118.
IMPERIAL REED & RATTAN FURNITURE CO. 911
interest with respect to the enlarged unit which indicates that the
Petitioner had in its possession certain additional cards which it could
have originally submitted, but did not because it sought to exclude
contingents. As it now appears that the Petitioner has an adequate
showing of interest in the enlarged voting group, we shall set aside
the original Decision and Order to the extent that it finds no question
concerning representation and dismisses the petition.
A question affecting commerce exists concerning the representation
of certain employees of the Employer within the meaning of Section
2 (6) and (7) of the Act, and we shall direct an election in the follow-
ing voting group :
All selling and nonselling employees at the Employer's store at
Great Neck, Long Island, New York, including regular part-time
employees, but excluding all employees who are excluded in the current
New York store contractual unit.
If a majority of the employees in the above voting group cast their
ballots for the Petitioner, they will be taken to have indicated their
desire to constitute a part of the existing unit currently represented
by the Petitioner, and the Petitioner may bargain for such employees
as part of that unit. If a majority of them vote against the Petitioner,
they will be taken to have indicated their desire to remain outside the
existing unit, and the Regional Director will issue a certification of
results of election to that effect.
[The Board ordered granted the Petitioner's motion for reconsidera-
tion, and set aside the Decision and Order of May 21, 1957, insofar as
it finds no question concerning representation and dismisses the
petition.]
[Text of Direction of Election omitted from publication.]
MEMBERS MURDOCK and RODGERS took no part in the consideration of
the above Supplemental Decision, Order, and Direction of Election.
Silvino Giannasca , d/b/a Imperial Reed & Rattan Furniture Co.
and Local 362, Warehousing and Processing Employees Union,
I. B. T., AFL-CIO, Petitioner. Case No. 2-RC-8537. July 30,
1957
SUPPLEMENTAL DECISION, ORDER, AND
SECOND DIRECTION OF ELECTION
Pursuant to a Decision and Direction of Election' an election by
secret ballot was conducted in the above proceeding on March 22, 1957,,
1 Not reported in printed volumes of Board Decisions and Orders.
118 NLRB No. 111.