Gordon's Jewelry Co. of Baton Rouge, Inc.

National Labor Relations Board - Board Decisions

Jun 22, 1953

105 N.L.R.B. 709 (N.L.R.B. 1953)

GORDON'S JEWELRY CO. OF BATON ROUGE, INC. 709
GORDON'S JEWELRY CO. OF BATON ROUGE, INC. and RE-
TAIL CLERKS UNION, LOCAL NO. 1691, RETAIL CLERKS
INTERNATIONAL ASSOCIATION, AFL, Petitioner. Case
No. 15-RC-935. June 22, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Paul A.
Cassidy, 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 Act, the
Board has delegated its powers in connection with this case to
a three-member panel [Members Murdock, Styles, and Peter-
son].
Upon the entire record in this case, the Board finds:
1. Gordon's Jewelry Co. of Baton Rouge, Inc., hereinafter
called Gordon's, and its subsidiary, Miller's Jewelry Company
of Baton Rouge, Inc., hereinafter called Miller's, are retail
jewelry stores located 1 block apart in the city of Baton Rouge,
Louisiana.
Both these stores annually receive merchandise from out-of-
State sources in the aggregate value of $ 300,000. The Gordon
family, which controls Gordon's and its subsidiary, Miller's,
also controls about 20 other retail jewelry stores in Louisiana,
Texas, Mississippi, and Arkansas. All the stores are under
the ultimate supervision of Mr. Harry Gordon. Under these
circumstances, we find that all these stores constitute a
single, integrated interstate enterprise , and are a single
employer, and that it will effectuate the policies of the Act to
assert jurisdiction in this case. 1
2. The labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit composed of all selling and
nonselling employees of Gordon's only, and in the alternative
seeks a unit of all such employees of Gordon's and Miller's
which the Employer contends is alone appropriate. The 2
stores carry essentially the same merchandise which is
frequently transferred from 1 store to the other . The em-
ployees of both stores are hired and discharged by a manager,
who is in charge of both stores. Theyhave essentially the same
wages, hours, working conditions , and employee benefits, and
are trained in 1 store by the manager for both stores. Tem-
porary and permanent transfers of employees occur frequently
between the 2 stores. In view of these circumstances and the
geographic proximity of the 2 stores we findthat the 2-store
unit is alone appropriate. 2
I See National Shirt Shops of Florida, Inc , 97 NLRB 924.
2See The Grand Union Company, 81 NLRB 1016.
105 NLRB No. 98.
7 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioner would exclude employees working in the
leased optical department. The Employer takes no position
as to these employees. As the record shows that the hiring,
discharge, payment, and supervision of these employees is
done by the lessee, we shall exclude them from the units
The Petitioner would exclude watchmakers and jewelers from
the unit. The Employer takes no position with respect to the
unit placement of these employees. The Petitioner presents
no cogent reason for their exclusion and we shall therefore
include these employees.
Accordingly, we find that the following employees of the
Employer constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
Act: All selling and nonselling employees of the Employer at
its Baton Rouge, Louisiana, stores, including watchmakers
and jewelers, but excluding employees of the leased optical
department, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
3See The P. B. Magrane Store, Inc., 84 NLRB.345, 347.
E. I. DUPONT DE NEMOURS & COMPANY, INC. CON-
STRUCTION DIVISION, SAVANNAH RIVER PLANT and
UNITED GAS, COKE AND CHEMICAL WORKERS OF AMER-
ICA, CIO, Petitioner. Case No. 11-RC-477. June 22, 1953
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued by
the Board herein on February 25, 1953,1 an election by secret
ballot was conducted on March 17 and 18, 1953, under the
direction and supervision of the Regional Director for the
Eleventh Region, among employees in the unit found appro-
priate by the Board in its decision. F.llowing the election, a
tally of ballots was furnished the parties. The tally shows
that, of approximately 223 eligible voters, 212 cast valid bal-
lots, of which 157 were for the Petitioner, 4 were for the
Intervenor , 2 and 51 were against participating labor organi-
zations. There were no void or challenged ballots.
On March 23, 1953, the Employer timely filed objections
to conduct assertedly attributable to the Petitioner which it
alleged interfered with the election. In accordance with the
Rules and Regulations of the Board, the Regional Director
conducted an investigation of these objections and on April 24,
1953, issued and duly served upon the parties his report on
1 Not reported in printed volumes of Board decisions.
2 American Federation of Labor.
105 NLRB No. 104.