The Strouss-Hirshberg Co.

National Labor Relations Board - Board Decisions

May 26, 1950

89 N.L.R.B. 1656 (N.L.R.B. 1950)

In the Matter of THE MAY DEPARTMENT STORES COMPANY, D/B/A
THE STROuSS-HIRSHBERG COMPANY,1 EMPLOYER and AMALGAMATED
'CLOTHING WORKERS OF AMERICA, CIO1 PETITIONER
Case No. 8-RC-6.1 Decided May W, 19.50
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, a hearing was held before
'Carroll L. Martin, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock,
and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists 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. The appropriate unit :
The Petitioner seeks to represent a unit of all service and main-
tenance employees who work at the Employer's main store, including
all porters, maids, cleaners, window washers, elevator operators, handy-
men, firemen, operating engineers, and other maintenance mechanics,
but excluding all other employees, watchmen, guards, and supervisors
as defined in the Act. The Employer contends that the appropriate
unit should include all selling and nonselling employees at its Youngs-
town, Ohio, operations,
Although the Board has found units of selling and nonselling em-
ployees to be appropriate in cases involving department stores, we
The name of the Employer appears as amended at the hearing.
'89 NLRB No. 167.
1656
THE STROUSS-HIRSHBEaG COMPANY 1657
have also held that custodial units , as the one requested herein, are
sufficiently homogeneous and identifiable groups to warrant their es-
tablishment in separate bargaining units , particularly where, as in
the instant case, there has been no history of bargaining on a broader
basis.2 The record indicates , however, that the unit requested by the
Petitioner should not be confined to the Employer 's main store.
Within a radius of 2 miles from the main store, the Employer oper-
ates two branch stores and a warehouse where some employees of
the same job classification as the ones sought to be represented by the
Petitioner are also employed . Thus , there are two porters at the
warehouse and one at each of the branch stores; and one of the branch
stores employs a maid. These employees have the same benefits such
as vacations , discounts , and sick leave as the custodial employees at
the main store. The porters from the main store are frequently trans-
ferred to the warehouse or the branch stores . The record also shows
that all of the custodial employees are under the ultimate supervision
of the general superintendent .3 In view of the integration with re-
spect to the Employer's operations , we shall include in the unit here-
inafter found appropriate all of the custodial employees. While such
unit is slightly larger than that sought by the Petitioner , the Peti-
tioner has submitted an adequate showing of interest therein .4
We have also considered the Employer 's further contention that
the unit requested by the Petitioner is based on its extent of organi-
zation and should therefore be held as inappropriate . We find no
merit in this contention . Section 9 (c) (5) of the Act precludes the
Board from giving comtrolding weight to this factor in determining
the appropriateness of a unit. As pointed out above , however, other
reasons wholly unrelated to the extent of organization support our
finding that the custodial unit is appropriate.'
On the basis of the foregoing facts , and upon the entire record
in the case , we find that all service and maintenance employees who
work at the Employer 's operations in Youngstown , Ohio, including
all porters , maids , cleaners , window washers , elevator operators,
handymen, firemen , operating engineers , and other maintenance me-
chanics , but excluding all other employees , watchmen , guards, and
supervisors as defined in the Act , constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
9 The Bailey Department Stores Company, 85 NLRB 312 ; Thalhimer Brothers , Incor-
porated, 83 NLRB 664.
I In the main store there are seven maids who are assigned to duties in the selling
departments, but the record shows that they are also under the supervision of a division
of which the general superintendent is in charge.
4 Mutual Rough Hat Company, 86 NLRB 4411.
I See Thalhimer Brothers, Incorporated, supra.
1658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer , an election by
secret ballot - shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 4, above, who
were employed during the payroll period immediately preceding the
date of this Direction of Election, including employees who did not
work during said payroll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election , and also excluding employees
on strike who are not entitled to reinstatement , to determine whether
or not they desire to be represented , for purposes of collective bar-
gaining, by Amalgamated Clothing Workers of America, CIO.