The J. L. Hudson Co.

National Labor Relations Board - Board Decisions

Dec 22, 1942

46 N.L.R.B. 225 (N.L.R.B. 1942)

In the Matter of THE J. L. HUDSON COMPANY and UNITED RETAIL,
WHOLESALE, AND DEPARTMENT STORE ' EMPLOYEES OF AMERICA,
(C. I•. O.) . , ,
Case No. R-4530.Decided December̀ 09, '19.1
Jurisdiction : general merchandise and mail order retailing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to bargain with petitioner pending decision in cases before Appellate
Court questioning Board's jurisdiction ; election necessary.
Unit Appropriate for Collective Bargaining : all truck drivers and their helpers,
including drivers who transport merchandise from the store to delivery
stations.
Beaumont, Smith & Harris, by Albert E. Meder, of Detroit, Mich.,
for the Company. S -
Messrs. Tucker P. Smith, John F. Leigh, and• William Jenkins, of
Detroit, Mich., for the Union. ' '
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION •
AND
DIRECTION OF ELECTION S
STATEMENT OF THE CASE
Upon petition duly filed -by United Retail, Wholesale, and Depart-
ment Store Employees of America, (C. I. 0.), herein called the Union,
alleging that a question affecting commerce had arisen concerning
tlie,'representation of employees of The J. L. Hudson Company, De-
troit, Michigan, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Max Rotenberg, Trial Examiner. Said hearing was held in
Detroit, Michigan, on November 13, 1942. The' Company and the
the Union appeared, participated, and were afforded full opportunity
to be heard, to examine and' cross-examine witnesses, and to introduce
evidence bearing upon the issues. At the hearing, the Trial Exam-
iner reserved ruling upon a motion by the Company to dismiss the
proceeding on the ground that the question of the Board's jurisdiction
is involved in consolidated cases pending before the Circuit Court of
46 N. L. R. B., No. 31.
504086-43-vol 46-15 225
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Appeals for the Sixth Circuit,' or, in the alternative, to withhold 'de
cision in the instant case until a determination of the question by the
Circuit Court. Said motion is hereby denied. The'Company objected
to the introduction in evidence of the Regional Director's statement
concerning the. Union's claims of authorization- for the purpose of
representation. The objection is hereby overruled. The Trial Exam-
iner'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 OF FACT
1. THE BUSINESS OF THE COMPANY
The J. L. Hudson Company, a Michigan corporation having its
principal offices in Detroit, Michigan, is engaged in the purchase and
resale of various types of goods and commodities, at. a retail depart-
ment store in-Detroit. During the fiscal year ending January 31,
1942, the Company purchased goods at a cost of approximately $43,-
000,000,-more than 80 percent in. value of such goods being shipped
to Michigan from points outside the State of Michigan. During the
same period, the total sales of the Company were in excess of $71,000,-
000, 1 and sio percent in value being shipped to customers outside of
the State of Michigan. During the same period, the Company's
sales through its mail-order department were in excess of $500,000,
approximately 15 percent in value being made to customers outside
the State of Michigan. The-'Company uses several interstate common
carriers to import and export goods, from and to points outside the
State of Michigan. During the wine fiscal period, the Company adver-
tised- its business and merchandise through newspapers, periodicals,
radio and direct mail at a cost in-excess of $1,500,000. Several of said
newspapers and periodicals are published outside the State of'Miclii-
radio stations has a coverage of and"carriesgan, and each of said'
advertising to several States other than the State of Michigan. We
find, contrary to its contention, that the Company is engaged in com-
merce within the meaning of the National Labor Relations Act.'
II. TIIE ORGANIZATION INVOLVED
United Retail , Wholesale , , and Department Store Employees of
America is a labor organization affiliated with the Congress of Indus-
'Hatter of The J L Hudson Company and United Retail, Wholesale, and Department'
Store Employees, C. 1 0., Matter of The J. L Hudson Company and Fred L. Young, 42
N L R B-5';6.
2 The facts eoncei ning commerce recited aho%e are taken from a previous Board decision
(See footnote 1.) The Company agreed at the hearing that the facts set forth in the pre-
vious decision accurately set-forth the operations of the Company
THE J. L., HUDSON COMPANY , - 227.
trial Organizations, admitting to membership • employees of the
Company. - -
III. THE QUESTION CONCERNING REPRESENTATION
On-September 22, 1942, the Union advised the Company that the
truck drivers and helpers employed by the Company had designated
the Union as their bargaining representative and requested a con-
ference to discuss the negotiation of a contract. The Company replied
that it could not consider this request until the question of the Board's
jurisdiction had been decided in the cases pending in the Circuit Court
of Appeals.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Sectiorh9 (c)'and Sedtion 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that the appropriate, unit consists of all truck
drivers and their helpers, including drivers - who transport mer-
chandise from the store to the delivery stations. The Company con-
tends. that the appropriate unit is store-wide, or, in the alternative,
embraces all employees in what it terms its delivery department, in-
cluding, in addition to drivers and their helpers, garage employees,
freight drivers- and freight handlers, parcel and furniture handlers,
and parcel employees.4
The Company employs approximately 235 truck driverF, and help-
ers who work out of 2 delivery stations which are separated from the
Coinpany's^ store. In, the performance of .their duties, these em-
ployees,are,closely associated, the drivers, being in charge'of the trucks
used to deliver furniture and parcels to the delivery stations and to
customers, and the helpers assisting in the loading and delivery of the
merchandise. '
The drivers and their helpers are seldom shifted to any other type
of work, and employees in other departments are rarely assigned to
perform delivery tasks. None of the other employees whom the Com-
8 The Regional Director stated that the Union submitted 90 authorization cards, 79 bear-
ing apparently genuine signatures and 11 bearing handprinted names ; of these, 2 bore
dates in 1941, 78 bore dates between August and November 1942, and 10 were undated ;
73 of the signatures are the names of persons whose names appear on the Company's pay
roll of November 7, 1942, which contains 234 names in the unit hereinafter found
appropriate.
4 It is not entirely clear that the Company itself is committed to this alternative posi-
tion stated by its attorney at the outset of the hearing . The Company 's general superin-
tendent later took the position that only a store -wide unit is appropriate.
228 -DECISIONS 'OF NATI0NAL LABOR RELATIONS BOARD-
pany would include in its proposed `delivery department unit cus-
tomarily drives or loads delivery trucks. The drivers and their helpers
work together as a unit and constitute a coherent group.
Under these circumstances, we find that all truck drivers and helpers
of the Company, including drivers who transport merchandise from
the store to the delivery` stations, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
cf the Act 5
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot. Because of
fluctuations in employment,, particularly during the Christmas season
when many temporary employees are taken on, we find, in accordance
with a stipulation of the parties, that those eligible to vote shall
be"the employees in the appropriate unit who were employed during'
the pay-roll period immediately preceding the date of the Direction
of Election herein, excluding any such employees who have had less
than sixty, (60) days service, with the Company as of said pay-roll
period, "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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The J. L. Hudson
Company, Detroit, Michigan, 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, 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 to -be appropriate in Section IV above, who were
employed during the pay-roll period immediately preceding 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
'see Hatter of Pelican Cracker Factory, Inc, and International Brotherhood - of Team-
sters, Chauffeurs , Warehousemen and Helpers , Local No. 270,A. F. of L., 29,N. L. R. B. 007.
i
THE J. L. HUDSON COMPANY 229
any such employees who have had less than sixty (60) days service
with the Company as of said pay-roll period, and those who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Retail, Wholesale, and Depart-
ment Store Employees of America, (C. I. 0.), for the purposes of
collective bargaining.