Marshall Field & Co.

National Labor Relations Board - Board Decisions

Nov 7, 1941

36 N.L.R.B. 748 (N.L.R.B. 1941)

In the Matter Of MARSHALL FIELD & COMPANY and DEPARTMENT
STORE, LOFT AND FACTORY BUILDING SERVICE EMPLOYEES' COUNCIL
OF THE BUILDING SERVICE EMPLOYEEs' INTERNATIONAL UNION
(A. F. OF L.)
In the Matter Of MARSHALL FIELD & COMPANY and DEPARTMENT
STORE EMPLOYEES UNION, LOCAL 291, AFFILIATED WITH THE UNITED
RETAIL, WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMER.
ICA (C. I. 0.)
Cases Nos. R-.793 and R-.794, respectively-Decided November 7,
1941
Jurisdiction : department store retailing industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives ; elections necessary.
Units Appropriate for Collective Bargaining : determination of whether em-
ployees in the elevator division and the housekeeping division comprising
elevator operators and starter, window washers, janitors, and janitresses,
and including section maids but excluding supervisory and clerical employees
and the staffman, constitute a separate bargaining unit or are to be included
as part of a single unit with employees in the engineering division held
dependent upon desires of employees-determination of whether separate
craft units in the engineering department comprising (1) firemen, oilers, and
boiler room maintenance; (2) engineers; (3) steamfitters; (4) plumbers;
(5) electricians; are appropriate held dependent upon desires of employees-
residual group of employees in engineering department permitted to deter-
mine whether or not they desire to be represented by the industrial union.
Pope dl Ballard, by Mr. Ralph E. Bowers, of Chicago, Ill., for
the Company.
Mr. Daniel D. Carmell, and Mr. S. G. Lippman, of Chicago, Ill.,
for the Council.
Mr. Francis B{eisler, Mr. Martin Heckmann, and Mr. Leonard
Levy, of Chicago, Ill., for the C. I. O.
Mr. Emory J. Smith, by Mr. Clarence T. Smith, of Chicago, Ill.,
for the I. B. E. W.
Mr. James M. Kennedy, of Chicago, Ill., for the Firemen and
Oilers.
Mr. John Gavin, of Chicago, Ill., for the Engineers.
Mr. John J. McCartin, of Chicago, Ill., for the Steamfitters.
Mr. J. A. Todd, of Chicago, Ill., for the Plumbers.
Mr. David H. Karasick, of counsel to the Board.
36 N. L. R. B., No. 156.
748
MARSHALL FIELD & COMPANY
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
749
On May 5, 1941, Department Store, Loft and Factory Building
Service Employees' Council of the Building Service Employees' In-
ternational Union (A. F. of L.), herein called the Council,' filed with
the Regional Director for the Thirteenth Region (Chicago, Illinois)
a petition, alleging that a question affecting commerce had arisen
concerning the representation of employees of Marshall Field &
Company, Chicago, Illinois, herein called the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9, (c) of the National Labor Relations Act;
49 Stat. 449, 'herein called the Act. On May 12, 1941, Department
Store Employees Union, Local 291, affiliated with the United Retail,
Wholesale and Department Store Employees of America (C. I. 0.),
herein called the C. I. 0., filed a similar petition with the Regional
Director. During the course of the hearing hereafter referred to,
amended petitions were filed by both the Council and the C. I. O.
On June 27, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Sections 3 and 10 (c), of National Labor Relations Board Rules
and Regulations-Series 2, as amended, consolidated ' the cases, or-
dered an investigation in each case, and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On June 28, 1941, the Regional Director issued a notice of hearing
and on July 2, 1941, an order of postponement and notice of con-
tinuance of hearing, copies of which were duly served upon the
Company, the Council, the C. I. 0., and upon the following labor
organizations, affiliated with the American Federation of Labor,
which claimed to represent employees directly. affected by the in-
vestigation : Local B134, 'International Brotherhood of Electrical
Workers, herein called the I. B. E. W.; International Brotherhood
of Firemen and Oilers,, Local 7, herein called the Firemen and. Oilers;
International Union of Operating Engineers, Local 399, herein called
the Engineers; and Steamfitters Protective Association, Local 597,
of the United Association of Journeymen, Plumbers and Steam-
' The following four labor organizations are members of, and are represented by, the
Council in these proceedings: Elevator Operators and Starters Union , Local No. 66,
herein called the Elevator Operators ; Chicago * Window Washers ' Union, Local No. 34,
herein called the Window Washers ; Janitors ' Union , Local No . 25, herein called the Janitors ;
and Janitresses Union, Local No. 89, herein called the Janitresses.
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fitters, herein called the Steamfitters. Pursuant to notice, a hearing
was held on July 14-18, 1941, inclusive, and July 21-24, 1941, inclu-
sive, at Chicago, Illinois, before Lester Asher, the Trial Examiner
duly designated by the Chief Trial Examiner. All parties appeared
at the hearing, and each was represented by counsel or by its rep-
resentative.2 Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the, issues
was afforded all parties. During the course of the hearing, the Trial
Examiner reserved ruling for the Board on the following motions
made by the Company : (1) to• dismiss the petitions for investigation
and certification of representatives as well as all of the claims of
the unions involved in these proceedings on the ground that in each
instance they failed to set forth appropriate units, and on the further
ground that the petitioning unions had failed to show sufficient mem-
bership among.the employees in the units which each alleged to be
appropriate; (2) to dismiss the claims of the Janitors and the Jan-
itresses, both members of the Council,3 and the Plumbers on the
grounds stated in point (1) above, and on the further ground that
none of these three unions had ever presented the Company with
any claim of representation or any demand for recognition. The
foregoing motions of the Company are hereby denied. During the
course of the hearing the Trial Examiner made several rulings on
other motions and on objections to the admission of evidence. The
Board has reviewed all the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.4 After the hearing briefs, which the Board has duly con-
sidered, were filed by each of the parties.
On September 19, 1941, the Board ordered that the record in these
proceedings be reopened and remanded the case to,the Regional Di-
rector, authorizing him to serve notice of a further hearing for the
purpose of clarifying the record with respect to the representation.
claims in the units alleged to be appropriate by the Firemen and
Oilers, the Engineers, the Steamfitters, and the Plumbers.
On September 27, 1941, the Regional Director issued a notice of
further hearing, copies of which were duly served upon the Company,
the Council, the C. I. 0., the Firemen and Oilers, the Engineers, the
Steamfitters, the Plumbers, and the I. B. E. W. On October 3, 1941,
the Company filed the following motions: (1) to vacate the Board's
order of September 19, 1941, reopening the record and directing
2 Local 130 , United Association of Journeymen , Plumbers and Steamfitters , affiliated
with the American Federation of Labor , herein called the Plumbers ' also appeared at the
hearing and participated therein through its representative.
3 See footnote 1, .supra.
On August 22, 1941 , there was filed with the Board a stipulation agreed to by all
parties , to correct certain errors in the transcript of the hearing . On August 26, 1941,
the Board issued an order incorporating the stipulation in the record of these proceedings.
MARSHALL FIELD & COMPANY 751
further hearing in these proceedings, and renewing the Company's
motion to dismiss the petitions for investigation and certification and
the claims of the unions involved in these proceedings; (2) to modify
the Board's order of September 19, 1941, by vacating all portions of
such order relating to the Plumbers on the ground that the Plumbers
had failed at the original hearing to introduce proof that it repre-
sented any employees in the unit which it alleged to be appropriate;
and (3) to continue the further hearing until the Board had ruled
upon the Company's motions to vacate and to modify the Board's
order of September 19, 1941. On October 7, 1941, the Board issued
an order denying the Company's motions to vacate and to modify
the Board's order of September 19, 1941. On the same day, the
Regional Director denied the Company's motion for a continuance
of the further hearing. Pursuant to notice duly served upon all par-
ties, a further hearing was held on October 9, 1941, at Chicago,
Illinois, before Lester Asher, the Trial Examiner duly designated
by the Chief Trial Examiner. All parties appeared at the hearing,
and each was represented by counsel or by its representative. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. The Trial Examiner reserved rulings for the Board on,
motions of the Company and the C. I. O. to exclude the Plumbers
from further consideration in these proceedings on the ground that
it had failed to present any evidence of membership or authority to
represent employees in the unit it alleges as appropriate. The fore-
going motions are hereby denied. During the course of the further
hearing the Trial Examiner made several rulings on other motions
and on objections to the admission of evidence. The Board has
reviewed all the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.5
Upon the entire record in these proceedings, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Marshall Field & Company, an Illinois corporation with its prin-
cipal office and place of business in Chicago, Illinois, conducts a retail
department store business for the purchase, sale, and distribution of a
general line of merchandise, including food products, household
furnishings and equipment, hardware, electrical supplies, sporting
50n October 15, 1941, there was filed with the Board a stipulation, agreed to by all
parties, to correct certain errors in the transcript of the reopened hearing . The stipu-
lation is hereby made it part of the record in these proceedings.
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
goods, cosmetics, dry goods, books, stationery, luggage, wearing
.apparel, and other commodities and merchandise.
The Company owns and operates five department stores located in
Chicago, Evanston, Oak Park, and Lake Forest, Illinois, and in
Seattle, Washington. The Company also owns and operates a woolen
mill, a rug mill, a blanket mill, a sheeting mill, and a bedspread
mill, all located in North Carolina, and in addition thereto three
other textile mills located in North Carolina, and two located in
Virginia.
The State Street store of the Company, located in Chicago, Illinois,
is the sole division of the Company's enterprises with which this
proceeding is concerned.s
In 1940, .purchases by the Company of articles for use and resale
at its Chicago store exceeded $30,000,000 approximately 80 per cent
of which was shipped to it from points outside the State of Illinois.
During the same year, the Company's sales exceeded $40,000,000, of
which amount approximately 12 per cent represented sales of mer-
chandise transported to customers located in States other than the
State of Illinois.?
H. THE ORGANIZATIONS INVOLVED
Department Store, Loft and Factory Building Service Employees'
Council of the Building Service Employees' International Union,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to its membership employees of the Company.
Elevator Operators and Starters Union, Local 66, Chicago Window
Washers' Union, Local 34, Janitors Union, Local 25, and Janitresses
Union,,Local 89, affiliated with Department Store, Loft and Factory
Building Service Employees' Council of the Building Service Em-
ployees' International Union and the American Federation of Labor,
are labor organizations admitting to their membership employees
of the Company.
International Brotherhood of Electrical Workers, Local B134,
International Brotherhood of Firemen and Oilers, Local 7, Inter-
national Union of Operating Engineers, Local 399, United Associa-
tion of Journeymen, Plumbers and Steamfitters, Local 130, and
Steamfitters Protective Association, Local 597, of the United Asso-
ciation of Journeymen, Plumbers and Steamfitters, affiliated with the
° The parties agreed at the hearing that the State Street store included the main store
of the Company, together with the Men's Store which is located across the street and
wh'ch occupies six floors of a separate building.
° See also Matter of Marshall Fie,'d & Company and Department Store Employees Union,
Local 291 of United Retail, Wholesale and Department Store Employees of America, C. I.' 0.,
34 N. L. R. B., No. 1; Matter of Marshall Field & Company and Local 291, United Retail,
Wholesale and Department Store Employees of America (C. I. 0.), 35 N. L. R. B., No. 214.
MARSHALL FIELD & COMPANY 753
American Federation of Labor, are labor organizations admitting to
their membership employees of the Company.
Department Store Employees Union, Local 291, affiliated with the
United Retail, Wholesale and Department Store Employees of Amer-
ica and the Congress of Industrial Organizations, is a labor organi-
zation admitting to its membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 9, 1941 and on, April 11, 1941, the C. I. O. and the
Council, respectively, wrote to the Company; each requested the
Company to recognize it as the exclusive bargaining agent for em-
ployees in certain departments of the State Street store. The Com-
pany refused to recognize or bargain with the C. I. O. or the Council,
and refuses to recognize or bargain with any of the.unions involved
until the appropriate unit or units and the exclusive bargaining
representative or representatives of the employees have been de-
termined by the Board.
There were introduced into evidence statements by the Regional
Director of the. Board and by the Trial Examiner with respect to
the showing made by each of the labor organizations involved herein
of the number of employees it represents in the unit' it alleges to be
appropriate."
8 (1) C. 1. O. Of the 382 membership cards submitted by the C. I. 0., 331 of which
were submitted to the Regional Director and 51 of which were submitted to the Trial
Examiner , 27 were undated and the remainder variously dated between November 1940
and July 1941 . Of the 382 membership cards so submitted , the names of the signers of
240 appeared on the pay roll of the Company for May 3, 1941. which listed 440 employees
in the unit alleged by the C. I. O. to be appropriate . The Trial Examiner reported 62
duplicates among the membership cards submitted by the C . I. O. and the membershp
or authorization cards submitted by the A. F . of L. unions Involved herein.
(2) The . Council.
(a-) Elevator Operators ( Local 66 ). Of the 89 membership and membership application
cards submitted by the Council on behalf of the Elevator Operators, 79 of which were
submitted to the Regional Director and 11 of wh'ch were submitted to the Trial Examiner,
all undated , the names of the signers of 67 arp rared on the pay roll of the Company
for May 3, 1941, which listed 81 employees in the unit alleged to be appropriate. The
Trial Examiner reported 41 duplicates among the membership cards submitted by the
C. I. O. and the membership and membership application cards submitted by the Council
among the employees of the elevator division of the Company.
(h) Window Washers (Local 3i). Of the 7 membership application cards submitted to
the Regional Director by the Council on behalf of the Window Washers, all of which
were dated in April 1941 , the names of the signers of all 7 appeared on the pay roll
of the Company for May 3, 1941, which listed 13 employees in the unit alleged to be
appropriate. The Trial Examiner reported four duplicates among the seven membership
application cards submitted by the Council and the four membership cards submitted by
the C. I. O. among the employees listed as window washers by the Company.
(c) Janitors ( Local 25 ). Of the two membership application cards submitted to the
Trial Examiner by the Council on behalf of the Janitors, both of which were dated June 14,
1941 , neither appeared on the pay roll of the Company for May 3 , 1941 . The assistant
comptroller of the Company testified that as of July 10, 1941, there were 75 dsy,and 79
night employees in the housekeeping division who were engaged in duties which would
bring them within the unit alleged to be appropriate.
(d) Janitresses ( Local 89 ). Of the seven membership application cards submitted to
the Trial Examiner by the Council on behalf of the Janitresses, three of which were dated
433118-42-vol. 36-49
754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions have arisen concerning the representation
of the employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes. burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
In. its amended petition, the C. I. 0. alleges that all building service
employees of the Company at its State Street store,' including day
and night housekeepers, janitors, janitresses, porters,. window washers,
brass polishers, freight and passenger elevator operators and starters,
electricians, engineers (that is, employees of the engineering divi-
July 12, 1941 , and the remainder . undated , the names of the signers of five appeared on
lha Company' s p y roll covering all women employees in the housekeeping division for
May 3 . 1941 , Arhihh listed 65 employees in the alleged appropriate unit . The Trial
Ex.miner reported one duplicate among the five membership application cards submitted
by the Counc7 and 36 submitted by the C. I . O. among the women employees listed in
the hotuckeehing division.
.(::) h'ircmen and Oilers. Of the eight membership application cards submitted to the
Trial Examiner by the Firemen and Oilers, one of which was dated in 1941 and the
remainder dated in October 1940, the names of the signers of all appeared on the Com-
pany ' s pay roll of May 3, 1941 , among the four firemen , five oilers, one coal passer, one
'toiler loom maintenance man, and one boiler room maintenance helper claimed by the
Firemen and Oilers to constitute an appropriate unit.
(4) E:i,ry'neere . Of the six authorization cards, all undated , which were submitted
to tl:e Trial Examiner together with a statement by the Financial and Corresponding
Secretary of the Engineers , dated July 14, 1041 , certifying that three additional persons
were members of that organization, the names of all appeared on the Company's pay
roll of May 3, 1941, among the nine engineers and refrigerating engineers, exclusive of
the chief engineer, claimed by the Engineers to constitute an appropriate unit.
(5) StcmnJllteis . A statement on the letterhead of the Steamfitters , signed by the
Secietary-Treasurer of that organization and certifying that three persons named in
the statement w(re members of the Union and had been initiated on December 1, 1922,
July 2, 1919, and February 5, 1913, was submitted to the Trial Examiner who reported
that all three names appeared on the Company's pay roll of May 3, 1941, among the
six Steamfitters and welder -steamfi tters including the supervisor , claimed by the Steam-
fitters to constitute an app ropriate unit. -
(6) Plumbers. Of the three membership application cards submitted to the Trial
Examiner by the Plumbers , all dated June 12, 1941 , the names of the signers did not
appear on any division of the Company's pay roll for May 3, 1941.
(7) 1. B. E. W. Of the 23 authorization cards submitted to the Rt'gional Director
by the I. B. E W., one of which was undated and the remainder dated in April and May
1941, the names of the signers of 22 appeared on the Company's pay roll of May 3, 1941,
which listed 35 employees in the unit alleged as apprcpriate by the I. B. E. W . The Trial
Examiner reported 13 duplicates among the 22 authorization cards submitted by the
I. B. E. W. and the 26 membership cards submitted by the C. 1. O. among the employees
listed by the Company as electricians.
0 See footnote 6, supra.
MARSHALL FIELD & COMPANY 755
sion ), and elevator mechanics , exclusive of supervisors and clerical
employees and section maids, constitute an appropriate unit.
In its amended petition, the Council alleges that: (a) all elevator
operators and starters; (b) all window washers; (c) all porters; to
and (d) all janitresses or charwomen at the State Street store of
the Company constitute separate appropriate units. ,
The Firemen and Oilers, the Engineers, the Steamfitters, the
(Plumbers, and the I. B. E. W. contend that separate units, covering
their respective crafts are appropriate.
The Company contends that all employees at the State Street store
constitute a single appropriate unit.
In support of its contention, the Company points to the following
facts : that there is a centralization of management, with respect to
matters affecting the employment of all employees in the State Street
store; that the functions of the various departments of the store are
interdependent; that employees in some departments, especially those
in the housekeeping, engineering, and elevator divisions, come into
frequent contact with employees in other departments; that the wages
and hours of employees in the housekeeping, engineering, and elevator
divisions are substantially similar to those of "great numbers of other
employees excluded from the unit and scattered throughout the or-
ganization"; and that there is an interchange of personnel throughout
the store.':' The unit claimed by the C. I. O. embraces the,elevator,
housekeeping; and engineering divisions of the Company. These
three divisions comprise a group of employees who perform duties
related to the operation and maintenance of the buildings in 'which
the Company's State Street store is located.12 The elevator service.
'0 Sometimes referred to in the record as janitors.
u While the evidence of interchangeability of employees , which was introduced by the
Company, shows that a substantial number of employees throughout the store are trans-
ferred from one department to another on it temporary basis, the figures so given fail to
show how many of these personnel interchanges on a temporary basis apply only to the
housekeeping , engineering , and elevator divisions . Comparatively few permanent transfers
to and from other departments occur with respect to the housekeeping , engineering, and
elevator divisions . Thus , 6 persons in 1939, 17 persons in 1940 , and 12 persons during
the first 6 months of 1941 were permanently transferred to or from the housekeeping
department which employed during those periods of time , 220, 216, and 156 persons,
respectively ; with respect to the engineering department , 4 persons in 1939, 3 persons in
1940, and 7 persons during the first 6 months of 1941 were permanently transferred to
or from that department which employed , during those periods of time , 127, 125, and.
121 persons , respectively ; with respect to the elevator department, 9 persons in 1939,
27 persons in 1940, and 11 persons during the first 6 months of 1941 were permanently
transferred to or from that department which employed , during those periods of time,
65, 69, and 41 persons , respectively . The comparatively higher rate of permanent transfers.
which occurred in the elevator department during 1940 and the first half of 1941 is
accounted for by the fact that in the middle of 1940 the Company established a policy'
of permanently transferring women elevator operators to other departments , after 3 years
of service.
12 See footnote 6, supra.
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitutes one of six subdivisions of the operating service in the
State Street store.13 The heads of each of these subdivisions are
responsible to the superintendent of operating service who, in turn,
is responsible to the vice president and general operating manager
of the Company's retail operations. The housekeeping department
is the We, subdivision of the construction and maintenance depart-
ment, and the head of the housekeeping department reports to the
superintendent of construction and maintenance who, in turn, is also
responsible to the vice president and general manager. The engi-
neering`department constitutes a separate division of the Company's
retail operations, and the chief engineer reports directly to the vice
president and general operating manager.
The heads of the various departments in the store have no authority
to hire or discharge the employees under them or to make decisions'
affecting the terms or conditions of their employment. Such au-
thority is centralized in the personnel department which is subdivided
into the selling and non-selling divisions, and these, in turn, are
further subdivided into the various sections which fall within the
jurisdiction of those two divisions. Of the four personnel managers
within the non-selling division, one has jurisdiction' over the operating
service, of which the elevator service is a part, as well as the con-
struction and maintenance service, of which the housekeeping section
is a part; while another of these four personnel managers has juris-
diction over the engineering department, together with the offices
and delivery service.
There is no history of collective bargaining with respect to the
Company. Nor has the history of collective bargaining in the in-
dustry yet progressed to a point which would indicate the greater
feasibility of the unit contended for by the Company rather than the
unit proposed by the C. I. O. The C. I. O. 'has sought to bargain
for, or has entered into contracts with other department stores cover-
ing, employees in both types of units. It holds collective bargaining
contracts covering employees in the entire store in each of four de-
partment stores in New York City and in one in Chicago; and has
recently requested recognition on a store-wide basis in another de-
partment store in Chicago. It has also entered into collective bar-
gaining agreements with other department stores, covering employees
.in units similar to that which it here alleges to be appropriate. Thus,
in one instance, the C. I. O. entered into a contract with a department
store in New York City, which covered only delivery employees, and
later entered into another contract covering only maintenance em-
a The remaining five subdivisions are : packing and inspecting , receiving and stock
service , warehouse service, foreign and traffic , and telephone service.
MARSHALL FIELD & COMPANY 757
ployees; in another case, the C. I. 0. entered into a similar agreement
with a department store, also in New York City, which covered the
employees in'the non-selling divisions, and later entered into a further
agreement with respect to employees in the selling division.
From the foregoing facts, and upon the basis of the entire record
in these proceedings, we are of the opinion that the unit proposed
by the C. I. 0. might be appropriate; dependent upon a determina-
tion of the considerations which we shall discuss hereafter.
As noted above, in its amended petition,. the Council, on behalf of
its four affiliated unions, contends that: (a) all elevator operators
and starters; 14 (b) all window washers; 15 (c) all janitors (also re-
ferred to in the record as porters) ; 16 and (d) all janitresses 17 con-
stitute separate appropriate units.
The purposes of the Council, which was created on March 4, 1941,
by a resolution of the Building Service Employees' International
Union, are to aid its constituent locals in organizing employees in
department stores, lofts, and factory buildings and in bargaining for
them. The Council acts merely as agent for the local unions which
come within its jurisdiction. Membership in the Council carries
with it membership in the appropriate local union, and a member of
a local union which -falls within the jurisdiction of the Council is
also regarded as a member of the Council. Thus, it appears that
the Council can represent, bargain for, and determine the jurisdiction
of its constituent local unions.
The four separate units for which the Council and its member
unions contend, together include all employees in the elevator and
housekeeping divisions of the State Street store. The interests, hours
of work,"' and general working conditions of the employees in these
14 The unit thus proposed would include all employees In the elevator division of the
Company.
15 The attorney for the Council stated at the hearing that "all employees who work on
glass, even though they may wash windows or may not" are to be included in the unit
proposed on behalf of the window Washers . In addition to persons engaged , in washing
windows, the Company employs six persons who work within the store and whose duties
are to wash the inside of show windows, display cases, and revolving doors.
"The Council seeks to include the following classifications of employees in the unit
which it proposes on behalf of the Janitors : supervisors ; brass polishers ; movers ;
sweepers ; floor polishers ; moppers ; and employees engaged in cleaning escalators, ma-
chinery, fixtures, and equipment.
11 The Council contends that the following classifications of employees should be
included in the unit urged on behalf of the Janitresses : all maids ( including section
maids ) ; matrons (including those in washrooms ) ; dusters; polishers ; moppers; scrub
women ; janitresses ; sweepers ; and supervisors Neither the C. I. 0. nor the Council seeks
to include tearoom employees in the units which they allege to •be appropriate.
14 The employees in the elevator division of the Company work 40 hours per week,
while those in the housekeeping division work 42 hours per week. M. C. Mumford, the
assistant comptroller of the Company , testified that the Company is currently putting into
effect a 40 -hour week for the employees in the various departments of the store.
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
two divisions are substantially similar.19 Although an attempt was
made to show that the duties of the elevator operators and starters,
the window washers, the janitors, and the janitresses require the ex-
ercise of skill, the record shows that the work which they perform
does not require that degree of skill which is commonly associated
with definitely defined craft groups.
We are convinced that there is no sufficient distinction between
the elevator operators and starters, the window washers, the janitors,
and the janitresses to justify considering them as separate appro-
priate units. The record here shows that the Council can represent
these employees and bargain for them, and that all members and
locals of the Council belong to one national labor organization.
Under these circumstances, we are of the opinion that the elevator
operators and starters, the window washers, the janitors, and the
janitresses might together constitute a separate bargaining unit or
they might appropriately be included as part of a single. unit to-
gether with the employees in the engineering division, as proposed
by the C. I. 0. In this situation, we find that the determining factor
should be the desires of the employees themselves.20 The C. I. 0.
requests that supervisors and clerical employees be excluded from
the unit which it alleges to be appropriate. -The Council wishes
to include supervisory employees. We shall exclude supervisory and
clerical employees from the appropriate unit in accordance with our
usual practice in such cases.21 As noted above, the C. I. 0. also seeks
to exclude section maids while the Council requests that such em-
ployees be included in the unit which it proposes on behalf of the.
Janitresses. Section maids work only in specific sections.of the store
to which they are assigned in contra-distinction to regular maids who
work throughout the various sections of the store. Since the duties
of section maids are the same as those of regular maids, we shall
include them in the appropriate unit. At the reopened hearing, the
Company requested, without objection by the C. I. 0. or by the
Council, the exclusion of the staffman in the housekeeping division.
The staffman was described as an individual who "is not a direct.line
supervisor of the employees in this [housekeeping] section but who
performs duties such as devising new or better methods of cleaning,
better materials and so forth, and is charged" to the pay roll of this
11 As noted above, authority to hire or discharge employees resides in the personnel
department , and not in the supervisors of the various other departments throughout the
store. The personnel department also determines upon a general policy with respect to
hours of work , and rates of pay, which is uniformly applied by the heads of the various
departments.
10 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union Local No. 3,
et al., 3 N . L. R. B. 294, and subsequent cases.
21 See Matter of Rex Manufacturing Co., Inc . and A. F. of L . Federal Local Union No. 70593,
7 N. L. R. B. 95.
MARSHALL FIELD & COMPANY 759
[housekeeping] division." We shall- exclude the staffman in the
housekeeping division from the appropriate unit.
We turn now to a consideration of the contentions of the Firemen
and Oilers, the Engineers, the Steamfitters, the Plumbers, and the
I. B. E. W., who claim, respectively, that the employees in the en-
gineering division of the Company over which each union has juris-
diction constitute separate appropriate units. The units which each
of these unions, respectively, alleges to be appropriate are as follows :
(1) the Firemen and Oilers contends that all firemen and oilers and
the boiler room maintenance man constitute a single appropriate
unit; (2) the Engineers contends that all engineers and refrigerating
engineers exclusive of the chief engineer, constitute an appropriate
unit; (3) the Steamfitters contends that all steamfitters and welder
steamfitters'22 exclusive of steamfitters' helpers, but including the
steamfitters' supervisor, constitute an appropriate unit; (4) the
Plumbers contends that the two plumbers, exclusive of the master
plumber and the plumbers' helpers, constitute an appropriate unit;
and (5) the I. B. E. W. contends that all electricians, including the
supervisor, constitute an appropriate unit.
The unit which each of these five. labor organizations contends is
appropriate comprises in each instance a traditional craft group.
We are of the opinion that the employees in the classifications
claimed by the Firemen and Oilers, the Engineers, the Steamfitters,
the Plumbers, and the I. B. E. W., respectively, might properly con-
stitute separate bargaining units, or they might appropriately be
included as part of a single unit composed of the employees in the
housekeeping, elevator, and engineering departments of the Company
at its State Street store. In this situation, we find that the deter
mining factor should be the desires of the employees themselves.23
The I. B. E. W. and the Steamfitters request that the supervisor of
the electricians and the supervisor of the steamfitters, respectively,
be included in the units which each proposes. As we have previously
noted, the C. I. O. seeks to exclude supervisors from the unit which
it alleges to be appropriate. Under these circumstances, we shall
exclude the supervisor of the electricians and the supervisor of the
steamfitters from the units urged as appropriate by the. I. B. E. W.
and by the Steamfitters 24
The unit claims of the Council proposed on behalf of its four mem-
ber unions, when considered together, cover all employees in the
elevator and housekeeping divisions of the Company, and are to that
22 Referred to by counsel for the Steamfitters, in the transcript of the reopened hearing,
as "Steamfitter Welders."
22 See footnote 20, supra.
24 See footnote 21, supra.
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
extent coextensive with the claims of the C. I. O. as they relate to
the employees in those two divisions. However, the same situation
does not prevail with respect to the claims of the C. I. O. and the
combined claims of the Firemen and Oilers, the Engineers, the
Steamfitters, the Plumbers, and the I. B. E. W. as they relate to the
employees in the engineering division. A residual group of some
58 employees in the engineering division, exclusive of the night
superintendent of the power plant department of that division'25 are
not included in any of the units claimed by the foregoing five labor
organizations affiliated with the A. F. of L. The C. I. 0., however,
does propose to include them in the single unit which it alleges to be
appropriate, and has introduced evidence that it represents 41 of
these 58 employees. Under these circumstances, we shall direct that
a separate election be held among this group of employees in the
engineering department for the purpose of determining whether
or not they desire to be represented by the C. I. O.
We shall direct that elections be held among the Company's em-
ployees at its State Street store 26 within the groups described below :
(1) All employees in the elevator division and the housekeeping
division, including section maids, but excluding supervisory and cler-
ical employees and the staffman, to determine whether or not they
desire to be represented by the C. I. O. or by the Council, for the
purposes of collective bargaining, or by neither;
(2) All electricians, exclusive of the supervisor, to determine
whether they desire to be represented by the C. I. O. or by the
I. B. E. W. for the purposes of collective bargaining, or by neither;
(3) All firemen and oilers, including the boiler room maintenance
man, to determine whether they desire to be represented by the
C. I. 0., or by the Firemen and Oilers, for the purposes of collective
bargaining, or by neither;
(4) All engineers and refrigerating engineers, exclusive of the
chief engineer, to determine whether they desire to be represented
by the C. I. 0., or by the Engineers, for the purposes of collective
'bargaining, or by neither;
(5) All steamfitters and welder steamfitters, exclusive of the super-
visor and the steamfitter helpers, to determine whether they desire to
be represented by the C. I. 0., or by the Steamfitters, for the purposes
of collective bargaining , or by neither;
25 The following classifications of employees in the engineering department , exclusive of
foremen and supervisors , are not included in any of the units claimed by the Firemen and
Oilers , the Engineers, the Steamfitters . the Plumbers , or the I. B. E. w.: elevator con•
structors , elevator constructor helpers , boilermaker, boilermaker helper, steamfitter helpers,
sprinkler fitter, sprinkler fitter helper , laborer, pipe coverer, pipe coverer helper , tinsmith,
tinsmith helper , ventilating man, tube repairman , truck repairman , machinists , black-
smith, mechanics , stockmen , and porters.
16 See footnote 6, supra.
MARSHALL FIELD & COMPANY 761
(6) All plumbers, exclusive of the master plumber and the plumber
helpers, to determine whether they desire to be represented by the
C. I. 0., or by the Plumbers, for the purposes of collective bargaining,
or by neither ;
(7) All remaining employees in the engineering department,27 ex-
clusive of supervisory and clerical employees, to determine whether
or not they desire to be represented by the C. I. 0. for the purposes
of collective bargaining.
We shall withhold our determination with respect to the appropriate
unit or units pending the outcome of the elections.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions which have arisen concerning the repre-
sentation of employees of the Company can best be resolved by elec-
tions by secret ballot. The Company maintains a regular pay roll
and a general pay roll, the latter covering a group of employees who
work intermittently, for irregular periods of time.28 Although it
was apparently agreed at the hearing that the contentions of the
unions involved applied only to employees on the regular pay roll,
the Council, in its brief, requests that the employees on the general, as
well as on the regular, pay roll be regarded as eligible to vote. The
record fails .to show any details with respect to the employees who
are listed on the general pay roll. Under the circumstances here dis-
closed, we find that only the employees listed on the regular pay roll of
the Company are eligible to vote in the elections which we shall here-
after direct. We shall direct that persons eligible to vote shall be
the employees in the respective election units whose names appear
on the Company's regular pay roll for the period immediately pre-
ceding the date of this Direction of Elections, subject to such limita-
tions and additions as are hereinafter set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in these proceedings, the Board makes the following :
CONCLUSION OF LAW
- Questions affecting commerce have arisen concerning the represen-
tation of employees of Marshall Field & Company, at its State Street
store located in Chicago, Illinois, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
27 See footnote 25, supra.
25 Regular part-time employees are listed on the regular pay roll.
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRrcTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Marshall Field & Company, Chicago, Illinois, separate elections
by secret ballot shall be conducted as early as possible,. but not later
than thirty (30) days from the date of this Direction of Elections,
under the direction and supervision of the Regional Director for the
Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among those employees of Marshall Field
& Company at its State Street store 29 who fall within the groups
indicated below and whose names are listed on the Company's regu-
lar pay roll for the period immediately preceding the date of this
Direction of Elections, including any employees who did not work
during said pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, and
employees who were .then or have since been temporarily-laid off,
but excluding those employees who have since quit or been discharged
for cause:
(1) All employees in the elevator division and the housekeeping
division; including section maids, but excluding supervisors and
clerical employees and the staffman to determine whether they desire
to be represented by Department Store Employees Union, Local
291, affiliated with the United Retail, Wholesale and Department
Store Employees of America, C. I. 0., by Department Store, Loft
and Factory Building Service Employees' Council of the. Building
Service Employees' International Union, A. F. of L., for the purposes
of collective bargaining, or by neither;
(2) All electricians, exclusive of the supervisor, to determine
whether they desire to be represented by Department Store Em-
ployees Union, Local 291, affiliated with the United Retail, Whole-
sale and Department Store Employees of America, C. I. 0., or by
Local B-134, International Brotherhood of Electrical Workers
(A. F. L.) for the purposes of collective bargaining, or by neither;
(3) All firemen and oilers, including the boiler room maintenance
man, to determine whether they desire to be represented by Depart-
inent Store Employees Union, Local 291, affiliated with the United
"See footnote 6, supra.
MARSHALL FIELD & COMPANY 763
Retail, Wholesale and Department Store Employees of America,
C. I. 0., or by International Union of Firemen and Oilers, Local 7
(A. F. L.) for the purposes of collective bargaining, or by neither;
(4) All engineers and refrigerating engineers, exclusive of the
chief engineer, to determine whether they desire to be represented
by Department Store Employees Union, Local 291, affiliated with
the United Retail, Wholesale and Department Store Employees of
America, C. I. 0., or by International Union of Operating Engineers,
Local 399 (A. F. L.), for the purposes of collective bargaining, or
by neither;
(5) All steamfitters and welder steamfitters, exclusive of the super-
visor and the steamfitter helpers, to determine whether they desire
to be represented by Department Store Employees Union, Local 291,
affiliated with the United Retail, Wholesale and Department Store
Employees of America, C. I. 0., or by Steam Fitters Protective
Association, Local Union 597 (A. F. L.), for the purposes of collective
bargaining, or by neither;
(6) All plumbers, exclusive of the master plumber and the
plumber helpers, to determine whether. they desire to be represented
by Department Store Employees Union, Local 291, affiliated with
the United Retail, Wholesale and Department Store Employees of
America, C. I. 0., or by Journeymen Plumbers Local Union 130
(A. F. L.) for the purposes of collective bargaining, or by neither;
(7) All remaining employees in the engineering division,"0 exclu-
sive of supervisory and clerical employees, to determine whether or
not they desire to be represented for the purposes of collective
bargaining by Department Store Employees Union, Local 291, affili-
ated with the United Retail, Wholesale and Department Store
Employees of America, C. I. O.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections:
3° See footnote 25, supra.