Marshall Field & Co.

National Labor Relations Board - Board DecisionsNov 28, 1941

37 N.L.R.B. 35 (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 AMERICA ( C .1 .0 . ) Cases Nos. R-2793 and R-2794 AMENDMENT TO DIRECTION OF ELECTIONS November 28, 19111 On November 7, 1941, the National Labor Relations Board, herein called the Board, Issued a Decision and Direction -of Elections in the above-entitled proceedings,' the elections to be held within thirty (30) days from the date of the Direction, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). The Board, having been advised by the Re- gional Director that a longer period within which to hold the elec- tions is necessary, hereby amends the Direction of Elections issued on November 7, 1941, by striking therefrom the words "not later Than thirty (30) days from the date of this Direction of Elections" and substituting therefor the words "not later than forty (40) days from the date of this Direction of Elections." MR. GERARD D. REILLY took no part in the consideration of the above Amendment to Direction of Elections. 136 N. L. R. B. 748. 37, N. L. R. B., No. 8. 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 AMERICA (C. I. O. ) Cases Nos. R-2793 and R-.794 SECOND AMENDMENT TO DIRECTION OF ELECTIONS December 10, 1941 On November 7, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings,' and on November 28, 1941, an Amend- ment to Direction of Elections,' directing that separate elections be conducted among 7 groups of employees of Marshall Field & Com- pany, herein called the Company, including certain groups in the Company's engineering division. The seventh group in which an election, was directed consisted of all "remaining employees in the engineering division, exclusive of supervisory and clerical em- ployees," who were to indicate whether or not they desired 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., herein called the C. 1. O. In this seventh group were included, among others, approximately 8 machinists. On or about November 21, 1941, International Asso- ciation of Machinists, herein called the I. A. M., lodged-with the Board a letter which is hereby made a part of the record, asserting that it had not been notified of these proceedings although certain employees of the Company who were members of the I. A. M. were affected by the Decision and Direction of Elections. The I. A. M. further asserted that the machinists involved herein constitute an appropriate unit. On December 1, 1941, the C. I. O. filed with the Board a document, hereby made a part of the record, entitled "State- 136 N L R B 748 No petition for investigation and certification of representatives has been filed by the I A \[ 37N L I: B, No 8a "6 MARSHALL FIELD & COMPANY 37 went of Position and of Agreement to Exclude," agreeing that, for the purposes of this proceeding only and without waiving its claim to represent the employees ' involved or its contentions respecting the appropriate unit, the employees claimed by the I. A. M. to con- stitute a separate appropriate unit should be excluded from the election in the afore-mentioned seventh group. Under the circumstances, we shall exclude the machinists from the balloting and from any unit or units we may find appropriate in this proceeding. We make no determination, at this time, as to whether the employees claimed by the I. A. M. constitute an appro- priate unit.2 Accordingly, the Direction of Elections, as amended, is hereby amended by striking from paragraph number 7 thereof the words, "All remaining employees in the engineering division, exclusive of supervisory and clerical employees" and substituting therefor the words "All remaining employees in the engineering division, exclusive of machinists and supervisory and clerical employees." 2 No petition for investigation and certification of representatives has been filed by the I A Al 4332:17-42-vor, 37--4