The J. L. Hudson Co.

National Labor Relations Board - Board Decisions

Dec 7, 1965

155 N.L.R.B. 1345 (N.L.R.B. 1965)

THE J. L. HUDSON COMPANY 1345
(b) Notify the Regional Director for Region 2, in writing, within 20 days from
the date of receipt of the Trial Examiner's Decision as to what steps the Respondent
has taken to comply herewith.12
za In the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read "Notify the Regional Director for Region 2, in writing , within 10
days from the date of this Order , as to what steps the Respondent has taken to comply
herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby notify our employees that:.
WE WILL NOT coercively interrogate employees concerning their union mem-
bership, sympathies, and activities or those of other employees; or threaten to
discharge or take other action against against employees in reprisal for their
union membership, sympathies, and activities; or harass employees for the pur-
pose of discouraging union membership.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce
our employees in the exercise of their right to self-organization, to form labor
organizations, to join or assist Taxi Drivers Organizing Committee, AFL-CIO,
or any other labor organization, to bargain collectively through representatives
of their own choosing, to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection , or to refrain from any or
all such activities, except to the extent that such right may be affected by an
agreement requiring membership in a labor organization •as a condition of
employment, as authorized in Section 8(a) (3) of the Act.
A & A MAINTENANCE CORPORATION, .
Employer.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its
provisions , they may communicate directly with the Board's Regional Office, Fifth
Floor, Squibb Building, 745 Fifth Avenue, New York, New York, Telephone No.
751-5500.
The J. L. Hudson Company and Building Service Employees' In-
ternational Union , Local No. 79, AFL-CIO, Petitioner and Local
Union No. 58, International Brotherhood of Electrical Workers,
AFL-CIO, Petitioner and Local Union No. 547, International
Union of Operating Engineers, AFL-CIO, Petitioner and Paint-
ers District Council No. 22, Brotherhood of Painters , Decorators
and Paperhangers of America , AFL-CIO, Petitioner and Car-
penters Local 337, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO, Petitioner . Cases Nos. 7-RC-
6692, 7-RC-6731, 7-RC-6749, 7-RC-6750, and 7-RC-6751. De-
cember 7, 1965
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the National
Labor Relations Act, as amended, a consolidated hearing was held
155 NLRB No. 133.
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
before Hearing Officer George Rallis at Detroit, Michigan. The
Hearing Officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in this ease.' the National Labor Relations
Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioners are labor organizations Within the meaning of
the Act, claiming to represent certain employees of the Employer.
3. Questions affecting commerce exist concerning the representa_
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the act..
4. Each of the Petitioner seeks to represent a different unit of
employees at the Employer's department store in downtown Detroit,
Michigan, none of which are represented by any labor organization .2
The Employer contends that no unit limited to employees at the down-
town store is, appropriate. and also that. Petitioners are seeking inap-
propriately limited units of employees at that store.
The units sought are as follows :
1. In Case No. 7-RC-6751, the Carpenters 3 seeks an election in
a unit of all carpenters in the carpentry department.
2. In Case No. 7-RC-6750, the Painters 4 seeks a unit of all painters
in the painting department.
3. In Case No. 7-RC-6749, the Operating Engineers 5 seeks a unit
in the. mechanical engineering department consisting of a licensed
boiler operator and the. licensed refrigeration equipment operators
and repairmen.
4. In Case N o. 7-R.C-6731, the Electricians 6 seeks a lmit in the
electrical engineering department consisting of employees working as
electricians.
5. In Case No. 7-RC-6692, the Building Service Employees 7 seeks a.
unit of orderlies and maids (who together constitute the housekeeping
1 The Employer 's request for oral argument is hereby denied as the records and briefs
adequately present the issues and positions of the parties.
212ne only existing collective-bargaining relationships the Employer has are with a
union not a petitioner here which represents units of all delivery drivers and helpers
(pursuant to a consent election and certification ) and of all warehouse employees (pur-
suant to another consent election and certification ). In an earlier decision , however, the
Board noted a 1944 certification for a unit of passenger elevator operators . J. L. Hudson
Compa4sy, 103 NLRB 1378, 1379, footnote 4.
8 Carpenters Local No. 337, United Brotherhood of Carpenters and Joiners of America,
AFL-CIO.
4 Painters District Council No. 22, Brotherhood of Painters , Decorators and Paperhangers
of America , AFL-CIO.
5 Local Union No. 547, International Union of Operating Engineers , AFL-CIO.
s Local Union 58, International Brotherhood of Electrical Workers, AFL-CIO.
7 Building Service Employees ' International Union, Local No. 79, AFL-CIO.
THE J. L. HUDSON COMPANY 1347
department), passenger elevator operators (organized into a separate
department), and freight elevator operators (located in the receiving
department).
Initially, we shall consider whether units limited to the downtown
store are appropriate. The Employer operates three large retail
department stores within the Detroit metropolitan area, one being
located in the center of Detroit ("Downtown" store) and two ("North-
land" and "Eastland" stores) in outlying suburbs.8 Each of the
buildings containing these stores also contains a budget store which
the Employer administers separately from the. regular stores; four
other budget stores are located in various suburbs. To support this
large retail operation, the Employer has five warehouses, three delivery
substations, and two garages.
Approximately one-half the Employer's 16,000 employees work at
the Downtown store. Corporate officers are located at this store.
Buyers located in the Downtown store purchase merchandise for all
three department stores, and, separately, for the budget stores. The
buyers establish uniform prices for the stores and, when necessary,
have merchandise transferred from one store to another. Sales promo-
tion and advertising, billing and credit, and deliveries are also centrally
handled. In short, purchasing and merchandising for all locations
is centralized at the Downtown offices. In personnel matters a cor-
porate vice president and director of personnel establishes broad
corporate policies with respect to, for example, age restrictions, physi-
cal examinations, and levels of benefits for given job classifications.
Each store has a personnel manager who operates within the frame-
work of such policies. The foregoing factors indicate that units
comprising employees at all stores may be appropriate., but they do not
demonstrate that companywide units are alone appropriate.
The following factors indicate that units limited to Downtown
store employees are also appropriate. The Downtown store. is run by
a store manager, as are the other main stores. The store manager
has the authority necessary to run his store on a day-to-day basis, a part
from the authority centralized in the buyers) with respect to selling,
providing customer services, normal maintenance, and the controlling
of costs in these areas. The personnel executive for the Downtown
store, under the immediate supervision of the store manager, ordinarily
does the hiring (of nonsupervisory> employees), promoting, granting
of merit wage increases, and discharge of employees with less than
5 years' service. The corporate personnel director stated his function
in such matters as being `-not [to] 'Look at names": his "job is to see
that one store does not get out of line in relatively- the same jobs."
s The record shows that the Employer was to open another suburban store ("West-
land") in July 1955.
212-809-66-col. 155-86
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employees at each location operate under single-store supervision.
The Downtown store has an assistant superintendent (property) up-der
paint-Whom are the mechanical engineering, electrical enginering,
ing, carpentry, and housekeeping (maids and orderlies)) departments,
each of which is separately supervised. Only the_ Downtown store
of the three main stores has a maintenance department divided along
such craft lines.
There me occasional permanent transfers of employees from one
of the Employer's locations to another but, as the parties stipulated,
virtually all nonselling jobs are- filled by the hiring of persons from
outside the. Employer.9 Temporary assignment of Downtown store
employees to another location is minimal; virtually all employees here
involved never work at another location.
In our view, the above-enumerated, circumstances warrant the estab-
lishment of units limited to the. Downtown store.1° To -summarize,
support for such units isfound in the authority of the store manager
in personnel matters, in the minimal employee interchange between
the Downtown- store and other locations, the geographical separation
of the stores, the lack of bargaining history on a multaistore -basis, and
the fact that no labor organization seeks to represent employees on
a broader.basis-ll
The appropriateness of the various units petitioned .for-remains to
be considered
The Employer contends that the units sought at the Downtown store
are inappropriate because the smallest appropriate unit is one which
would include all selling and nonselling employees at the store. This
contention, premised on the view that sto"rewide units are exclusively
appropriate because of policies unique to the retail industry, has
recently been rejected by the Board: 12
Although the Board has regarded the storewide unit in retail
establishments as "basically appropriate" or the "optimum unit,"
it has held that the single comprehensive unit is not the only
appropriate unit in such establishments. Thus it has directed
9 Large-scale transfers did occur when the two suburban stores opened. When Northland
opened in 1954, about 500 Downtown store employees permanently transferred to the
new store. Eastland opened in 1957 and about 300 employees transferred there. In each
case such transfers accounted for about 20 percent of the staff at the new store.
iJ. W. Mays, Inc., 147 NLRB 968. See also The May Department Stores Company,
d/b/a Famous-Barr Company, 153 11%-LRB 341 ; The W. H. Block Company, 151 NLRB
318 ; San;-On Drugs, Inc., 138 NLRB 1032.
n We also reject the Employer 's argument that no support exists for single-store units
other than the extent of organization . We have just stated the factors supporting our
determination that such units are appropriate.
v Anted Stares of New York, Inc., d/b/a Stern's, Paramus, 150 NLRB 799. The Em-
ployer seeks to distinguish Stern's, Paramus and related cases (Arnold Constable Corpo-
ration, 150 NLRB 788 ; Lord ,& Taylor, A Division of Associated Dry Goods Corporation,
150 NLRB 812 ) by limiting these cases to their particular facts. We do not, however,
consider those cases so limited and consider them authority for our decision here that units
smaller than a storewide unit may be appropriate.
THE J. L. HUDSON COMPANY 1349
elections in separate units of selling and of nonselling employees
where there has been agreement among the parties or a history
of collective bargaining. And the Board has recognized the
differences in work and interest of many occupations in retail
department stores and has directed elections in a variety of small
units. Such units are : restaurant, bakery, office employees, altera-
tion department, display employees, and carpet installers. Simi-
larly, the Board has directed elections in units of warehouse
employees, building services employees, beauty salon employees,
and truckdrivers. [Citations omitted.] 13.
Moreover-and of particular relevance here-is the fact that
"Collective-bargaining agreements covering... craft units are common
in [this] industry."14 Although we have not recently had occasion
to determine the appropriateness of traditional craft units in depart-
ment stores, we find no reason to treat differently requests for such
units in this industry from the manner in which we have long treated
requests for similar units in other industries 15 We therefore -reject
the Employer's arguments that units less than storewide in scope are
not appropriate.
The Carpenters seeks an election in a unit comprising "All employees
working as carpenters in or from the maintenance carpentry shop"
at the Downtown store. -There are 17 employees classified as carpenters
at this store-, all of whom work in the "carpentry shop," i.e., the car-
pentry department under the supervision of a foreman who reports to
the assistant superintendent (property). The Employer has a 4-year
training program for carpenter shop employees not possessing tradi-
tional craft skills, and 2 of the 17 present carpenters are trainees or
apprentices. As is customary in this craft., the Employer provides
power tools while the employees provide their own hand tools. There
is no doubt that the carpenter shop employees comprise a traditional
craft group, such as has often been recognized as an appropriate craft
imiL16 Accordingly, we find the requested unit of carpenters to be
appropriate.
The Painters seeks an election in a unit of "all employees working as
painters in or from the Maintenance Paint Shop" at the Downtown
store. There are 10 painters in the painting department, and they con-
is Interestingly, one of the citations is to an earlier J. L. Hudson decision, 103 NLRB
1378, where the Board found appropriate units of "cutters , layers, and sewers" in the
carpet workroom ; "upholsterers , upholstery cutters, sewers, welt makers, cushion fillers,
cushion sealers and trainees" engaged in the upholstery and drapery workrooms and
"Multigraph and printshop" employees.
1*Allied Stores of New York, Inc., d/b/a Stern's, Paramus, supra.
15 See discussion of Board policy in retail industry in Sav-On Drugs, Inc., 138 NLRB
1032.
1s E.g., Sullivan Mining Company, et al., 101 NLRB 1866 , 1372; Standard Oil Company
of California, 79 NLRB 1466 , 1471-1472.
1350 DECISIONS OF NATION-AL LABOR RELATIONS BOARD
stitute a traditional craft groUp.17 The only other Downtown store
painter is a spray painter in the display department. The Employer
objects to the e-sclusion of the display painter from the. unit, and -se
find merit in the objection.
The painter in the display department works exclusively on display
department projects, primarily spraying displays and decorations
(to be used at the Downtown store) under the supervision of the
manager of the department. The painters in the painting department
do all the other painting at the Downtown store which is not con-
tracted out by the Employer. This includes all of the normal mainte-
nance painting, miscellaneous painting, and spray work for the budget
store's displays. There is no difference in the wages or other benefits
received by the display painter and the other painters. The, display
department spray painter possesses the skills of the maintenance
painters.
Since the display painter possesses the same skills as the other paint-
ers, has the same rate of pay and benefits, and since other painters also
do display painting, we shall include the display department painter
in the. unit with the painting department. employees.
The Electricians seeks an election in a unit composed of the 10
licensed electricians and the 3 electricians trainees in the electrical
engineering department. The Employer's specific objection to this
proposed unit is the exclusion of the other employees in the depart-
ment, consisting of six elevator repairmen and three small machinery
repairmen. We find merit in the Employer's objection to the exclusion
of the elevator repairmen from the proposed unit.
The electricians perform maintenance work on the store's electrical
and internal communications system and repair some motors and fans.
They exercise the traditional skills of maintenance- electricians in
performing this work. The Employer had a training program to
qualify these employees for their licenses. Four licensed elevator
repairmen maintain the elevators and escalators in the stores; the two
unlicensed repairmen, who work at night, primarily lubricate the
escalators. The small machinery repairmen maintain the pneumatic
tube system, the measuregraph equipment (which measures yard
goods) , ticket choppers, and charge plate imprinters. The elevator
and small machinery. repairmen do not perform electricians' work.
The skills of the. elevator repairmen, however, are like those of the
electricians, albeit more specialized, and in fact a majority of the
-Licensed elevator repairmen have held electricians' licenses.
We find that the electricians are a craft group appropriate. for
bargaining purposes.18 We shell include in this unit the elevator
17 E.g., W. C. Hamilton and Sons, 104 NLRB 627, 630 ; The Kroger Company, 103 NLRB
218, 220.
19 E.g., Screw Products Corporation of America., 106 NLRB 401; Schwein Engineering
Company, 101 NLRB 662, 664 ; Blue Diamond Corporation, at al., 81 NLRB 484, 487.
THE J . L. HUDSON COMPANY 1351
repairmen since they have craft skills closely akin to those of electri-
cians and have the same supervision. We shall exc-lude the macliinery
repairmen because they are not electrician craftsmen, apprentices, or
helpers.
The Operating Engineers seeks an election in a unit composed of
"licensed boiler operators, licensed refrigeration equipment operators
and apprentices, and the personnel repairing said boiler and refrigera-
tion equipment" at the Downtown store. This proposed unit includes
the single boiler operator (licensed) and the eight refrigeration equip-
ment inechanics (all licensed) in the store, all of whom are located in
the mechanical engineering department. The Employer objects to the
exclusion from the proposed -unit of 18 other employees consisting
of 4 heavy and 4 light machinery repairmen, 6 duct cleaners and oilers,
2 plumbers, and 2 general maintenance employees. We Find partial
merit in the Employer's position.
Mechanical Engineer AlePeek testified that he supervises all the
employees specified in the previous paragraph, but that in fact. they
comprise. ',o separately budgeted departments: 5060, referred to by
other witnesses as the heat control and powerplant unit, which Me-Peek
defined as having to do with air conditioning; and 5040, a general
maintenance department. -
The employees whom the Petitioner seeks to include in the unit all
work in department 5060. The eight refrigeration operators and
mechanics include a working leader, six refrigeration equipment
operators who perform normal maintenance, and one. relief operator.ls
There are also heavy machinery repairmen in 5060 who do routine
servicing of the refrigeration equipment just as do the licensed per-
sonnel in the department; six duct cleaners and oilers who do the less
skilled maintenance work on the. refrigeration equipment, such as
changing filters and oiling, and also clean the store's air ducts; and a
licensed boiler operator.
In department 5040, the light machinery repairmen repair small
machinery and drinking fountains, perform welding for plumbers,
maintain shop tools, and equipment, and answer the shop telephone.
The two plumbers in 5040, who are licensed, do normal maintenance
plumbing and the two general maintenance men do a variety of less
skilled maintenance work including a great deal of shelving work.
The three heavy machinery repairmen in 5040 do major maintenance
work on the pumps, fans, and other equipment, including some work
on the refrigeration equipment under the direction of licensed per-
sonnel in department 5060.
Department 5060 performs a distinct, specialized function in the
operation of the Downtown store. All the employees in the department
1e Five have first-class licenses , two have second -class licenses, and one has a third-class
license.
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
perform related work, with the largest number of employees highly
skilled and licensed refrigeration equipment mechanics and operators.20
All of the, department employees work snider the same supervision.
Under these circumstances, we believe, that all of the employees in
department 5060 have a strong community of interest and should be
included in the same unit. We so find.
The Building Service Employees seeks a unit described in its
amended petition as "All employees of the housekeeping department...
including orderlies and 'maids, and all elevator operators." Its brief
refers to this proposed unit as "intended to encompass all employees.. .
who perform traditional custodial, janitorial, and service duties."
The employees in this proposed unit are approximately 67 maids and
89 orderlies who together constitute the housekeeping department, plus
the 74 passenger elevator operators in their own department, plus 15
freight elevator operators who together with several checkers con-
stitute the receiving department .21- The Employer objects to the
proposed unit because restaurant orderlies are excluded, and because
the groups of employees sought to be jointly represented cannot appro-
priately form a separate unit.
Most of the maids are termed "house-keeping maids" and work during
the day from numerous janitor closets throughout the store perform-
ing various cleaning chores. These maids are supervised exclusively
by their departmental supervisors. About six maids are "selling
maids" and are assigned to a particular department to keep the mer-
chandise_ciean, e.g., a maid is assigned to the glassware department to
keep the glasses clean.' These several maids are directed - to some
extent by the supervisor of the selling department in which they work.
Housekeeping-maids act as substitutes for selling maids when neces-
sary. Orderlies work either during the day or night. _ They perform
a great variety of work-from answering telephones at night to trash
collection and assisting maintenance craftsmen-but the orderlies are
basically a janitorial group of employees and primarily maintain the
premises and do routine custodial work. Passenger elevator operators
operate the passenger elevators. Freight elevator operators load their
elevators as directed, take the load to the floors indicated, and
unload it.
We have in the past found appropriate units such as that proposed
here grouping together janitorial employees and elevator operators,22
and the grouping otherwise appears to be a traditional one in this and
aD Hawley & Hoops, Inc., 115 NLRB 1276.
21 Orderlies and freight elevator operators at the warehouses are represented by the
union certified as representative of the warehouse employees.
22 The Title Guarantee Company, 97 1 LRB 1497 ; The Bailey Department Stores Com-
pany, '85 NLRB 312; Thalh4mer Brothers, Incorporated, 83 NLRB 664.
DETRAY PLATING WORKS, INC. 1353
similar industries.23 We shall therefore direct an election in this unit
here. We shall exclude restaurant orderlies from the unit since they
do not work with unit employees, their work is distinctive, they do not
have common supervision, and they are in a separate department.
Restaurant orderlies would appropriately belong in a unit of restau-
rant employees.
Accordingly, we find that the following units of employees of the
Employer at its downtown Detroit, Michigan, department store,
excluding from each unit all other employees and supervisors as defined
in the Act, are. appropriate for the purpose of collective bargaining
within the meaning of Section 9 (b) of the Act :
1. In Case No. 7-RC-6692: All passenger elevator operators,
freight elevator operators, and maids and orderlies in the housekeep-
ing department, excluding restaurant orderlies.
2. In Case No. 7-RC-6731: All electricians and electrician trainees,
licensed and unlicensed, and elevator repairmen in the electrical engi-
neering department, excluding small machinery repairmen.
3. In Case No. 7-RC-6749: All licensed refrigeration equipment
operators and mechanics, trainees for said license, licensed boiler opera-
tors, duct cleaners and oilers, and the heavy machinery repairmen in
department 5060,. excluding all employees in department 5040.
4. In Case \o. 7-RC-6750: All painters and painter trainees in
the painting department, and spray painters in the display department.
5. In Case No. 7-RC-6751: All carpenters and carpenter trainees
in the carpentry department.
[Text of Direction of Elections oniitted'from publication.]
MEMBER JE. KINS took no part in the, consideration of the above
Decision and Direction of Elections. -
28 See Arnold Constable Corporation; 150 NLRB 788, footnote 11.
DeTray Plating -Works, Inc. and Des Moines Associate Workers
Union -No. 5, International Mailers Union. -Case No. 18-CA-
1975. December 8,1965
DECISION AND ORDER
On September 21, 1965, Trial Examiner William W. Kapell issued
his Decision herein, finding that Respondent had engaged in and was
engaging in certain unfair labor practices alleged in the complaint
155 NLRB No. 129.