Desmond's Inc.

National Labor Relations Board - Board Decisions

May 28, 1946

68 N.L.R.B. 379 (N.L.R.B. 1946)

In the Matter of DESMOND'S INC. and Los ANGELES JOINT BOARD, AMAL-
GAMATED CLOTHING WORKERS OF AMERICA, CIO
Case No. 21-R-3073.-Decided May 28, 1946
Sheppard, Mullin & Richter, by Mr. George R Richter, of Los Angeles,
Calif., for the Company.
Katz, Gallagher & Margolis, by Messrs. Milton S. Tyre and H.
Schneid, of Los Angeles, Calif., for the Union.
Mr. Melvin J. Welles, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Los Angeles Joint Board, Amalgamated
Clothing Workers of America, CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the representa-
tion of employees of Desmond's Inc., Los Angeles, California, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before James A. Cobey, Trial
Examiner. The hearing was held at Los Angeles, California, on April
18, 1946. The Company and the Union appeared and participated. All
parties were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Desmond's Inc. is a California corporation having its principal office
in Los Angeles, California, owning' and operating six stores, four in
Los Angeles, California, one in Long Beach, California, and one in Palm
68 N. L. R B., No. 44.
379
380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Springs, California. The stores are engaged principally in the retail sale
and distribution of men's, women's and boys' apparel. Less than 4
percent of the Company's total sales is of items other than apparel.
During the fiscal year ending July 31, 1945, the Company purchased
merchandise of a value in excess of $7,000,000, of which approximately
60 percent was shipped to the Company from points outside California.
During the same period sales of the Company exceeded $10,000,000, of
which approximately 2.4 percent was shipped to points outside California.
We find, contrary to the Company's contention, that it is engaged in
commerce within the meaning of the Act.'
II THE ORGANIZATION INVOLVED
Los Angeles Joint Board, Amalgamated Clothing Workers of America,
is a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union requests a unit of all employees, excluding supervisory
employees and inspectors, in the men's alteration departments of the
Company's four stores located in the City of Los Angeles, or, as a
second choice, a unit of these employees in all six of the Company's
stores, including the Long Beach, California, and Palm Springs, Cali-
fornia, stores. The Company, while agreeing with the Union's alternative
proposal that the unit should include all six stores, contends that em-
ployees in both the men's and the women's alteration departments form
an appropriate unit, and would also include inspectors in the unit.
In support of its contention that a company-wide unit is appropriate,
the Company points to the following facts : that the business and labor
policies of the Company are centralized in the main (Broadway, in Los
Angeles) store; that wages, hours, and working conditions are similar
1 See Matter of Lane Bryant , Inc., 52 N. L. R. B. 1536, and cases cited herein.
DESMOND'S INC 381
throughout the six stores ; that employees in all stores have the same dis-
count, privileges, accident and health insurance plans ; that the Long Beach
store is only about 2 miles outside the city limits of Los Angeles; that
the Palm Springs store operates seasonally and the one employee in its
alteration department is transferred from one of the Los Angeles stores,
and that there is some interchange of employees among all six stores.
The Union bases its primary position that the-appropriate unit be limited
to the four Los Angeles stores on the fact that it has not attempted to
organize the employees in the alteration departments of the Palm Springs
and Long Beach stores, and on the further fact that the jurisdiction of
the Los Angeles Joint Board is limited to the City of Los Angeles. We
are of the opinion, however, considering the marked centralization of
the Company's business and administration, as well as the other factors
emphasized by the Company, that a unit embracing all six stores of the
Company is appropriate for the purposes of collective bargaining.
As noted above, the Company contends that the unit should include
employees in both the men's and women's alteration departments ; the
Union, on the other hand, would limit the unit to employees in the men's
alteration departments, basing such limitation on the marked differences
in skill between the workers of the departments and the lack of any
organizational activities with respect to the women's alteration department.
Because of the different skills of the employees in the two departments,
and since the men's and women's alteration departments herein are
physically distinct and separately supervised and throughout the clothing
industry have been historically demarcated, we shall exclude employees
in the women's alteration departments from the unit 2
The Company and the Union are agreed on the exclusion of super-
visory employees from the unit, but disagree as to whether or not
inspectors should be included, the Company desiring their inclusion.
Inasmuch as the record reveals that inspectors are not skilled clothing
workers, do no alteration work on the garments, and are often selected
from or promoted to other departments within the stores, we are of the
opinion that they should be excluded from the unit.3
We find that all employees in the men's alteration department of the
Company, excluding inspectors, the bushelman-inspector, and all super-
visory employees with authority to hire, promote, discharge, discipline,
2 See Matter of The May Department Stores Company, 50 N. L. R B. 669; May Department
Stores Company v. N. L. R B , 326 U S 376, affirming as modified 146 F. (2d) 66 (C C. A 8),
enf'g. 53 N. L. R B. 1366, and Matter of Carson Pine Scott & Company, 63 N. L. R. B. 1096
8 Among the inspectors to be excluded is an employee referred to as the bushelman-inspector,
who, the record reveals, devotes approximately 50 percent of his time to inspection. Unlike the
bushelman sought by the Union , the bushelman -inspector does no needle work or any other
work requiring a particularly high degree of skill,
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or otherwise effect changes in the status of employees , or effectively
recommend such action , constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among employees in the
appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations, Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Desmond's Inc., Los
Angeles, California, 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 Twenty-first Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sections
10 and 11, of said Rules and Regulations, among employees in the unit
found appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, includ-
ing 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 those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they desire
to be represented by Los Angeles Joint Board, Amalgamated Clothing
Workers of America, C. I. 0., for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.