Marshall Field & Co.

National Labor Relations Board - Board Decisions

Feb 12, 1942

38 N.L.R.B. 1146 (N.L.R.B. 1942)

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. B-2793 and R-2794, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 12, 1942
On November 7, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled proceedings, and on November 28, 1941, and December
10, 1941, respectively, an Amendment 2 and Second Amendment 3 to
the Direction. Pursuant to the Direction of Elections, as amended,
seven separate elections by secret ballot were conducted on December
15, 1941, under the direction and supervision of the Regional Director
for the Thirteenth Region (Chicago, Illinois). On December 18,
1941, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended , issued and duly served on the parties an Election Report.
As to the balloting and its results, the Regional Director reported as
follows :
GROUP 1
Total on eligibility list____________________________________ 366
Total ballots cast__________________________________________ 280
Total ballots challenged____________________________________ 12
Total blank ballots_________________________________________ 2
Total void ballots_________________________________________ 0
136 N L R B 748
237 N L R. B 35.
a See footnote 2
38 N. L. R. B., No. 210.
1146
MARSHALL FIELD & COMPANY
Gaou. 1-Continued
Total valid votes cast_________ _____________________________ 266
Votes cast for Department Store Employees Union , Local 291,
affiliated with the United Retail, Wholesale and Department
Store Employees of America , C I. O_______________________ 232
Votes cast for Department Store, Loft and Factory Building
Service Employees ' Council of the Building Service Em-
ployees' International Union, A. F. of L____________________ 29
Votes cast for neither______________________________________ 5
GaouP 2
Total on eligibility list______ _______________________________
Total ballots cast-------------------------------------------------
Total ballots challenged____________________________________
Total blank ballots_________________________________________
Total void ballots__________________________________________
Total valid votes cast______________________________________
1147
32
28
2
0
0
26
Votes cast for Department Store Employees Union, Local 291,
affiliated with the United Retail, Wholesale and Department
Store Employees of America , C. I. O______________________ 14
Votes cast for Local B134, International Brotherhood of Elec-
trical Workers ( A. F. L.) ------------------------------ 12
Votes cast for neither----------------------------------------- 0
GnouP 3
Total on eligibility list______________ _______________________ 12
Total ballots cast___________________________________________ 11
Total ballots challenged ____________________________________ 2
Total blank ballots_________________________________________ 0
Total void ballots__________________________________________ 0
Total valid votes cast-------------------------------------- 9
Votes cast for Department Store Employees Union, Local 291,
affiliated with the United Retail, Wholesale and Department
Store Employees of America, C. I. O____________________ 0
Votes cast for International Union of Firemen and Oilers,
Local 7 (A. F. L.) --------------------------------------- 9
Votes cast for neither--------------------------------------- 0
GROUP 4
Total on eligibility list ______________________________________ 12
Total ballots cast__________________________________________ 9
Total ballots challenged____________________________________ 2
Total blank ballots_________________________________________ 0
Total void ballots ---------- -------------------------------- 0
Total valid votes cast______________________________________ 7
Votes cast for Department Store Employees Union; Local 291,
affiliated with the United Retail, Wholesale and Department
Store Employees of America , C. I. O------------------------ 0
Votes cast for International Union of Operating Engineers,
Local 399 (A. F. L.) ------------------------------------- 7
Votes cast for neither--------------------------------------- 0
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
GROUP 5
Total on eligibility list -------------------------------------- 7
Total ballots cast------------------------------------------- 7
Total ballots challenged------------------------------------- 3
Total blank ballots------------------------------------------ 0
Total void ballots-------------------------------- ----- 0
Total valid votes cast--------------------------------------- 4
Votes cast for Department Store Employees Union, Local 291,
affiliated with the United Retail, Wholesale and Department
Store Employees of America, C. I. 0--------------------- 0
Votes cast for Steam Fitters Protective Association, Local
Union 597 (A. F. L.) ----------------------------------- 4
Votes cast for neither--------------------------------------- 0
GROUP 6
Total on eligibility list--------------------------------------- 3
Total ballots cast------------------------------------------- 1
Total ballots challenged-------------------------------------- 1
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast-------------------------------------- 0
Votes cast for Department Store Employees Union, Local 291,
affiliated with the United Retail, Wholesale and Department -
Store Employees of America, C. I 0------------------------ 0
Votes cast for Journeymen Plumbers Local Union 130
(A. F. L.) ---------------------------------------- 0
Votes cast for neither--------------------------------------- 0
GROUP 7
Total on eligibility list------------------------ ------------ 56
Total ballots cast------------------------------------------ 47
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------ 2
Total valid votes cast--------------------------------------- 45
Votes cast for Department Store Employees Union, Local 291,
affiliated with the United Retail, Wholesale and Department
Store Employees of America, C. I 0---------------------- 45
Votes cast against Department Store Employees Union, Local
291, affiliated with the United Retail, Wholesale and Depart-
ment Store Employees of America, C. I. 0------------------ 0
Thereafter, objections to the Election Report were filed by Mar-
shall Field & Company, herein called the Company, by Local B134,
International Brotherhood of Electrical Workers, herein called the
I. B. E. W., and by Local 130, United Association of Journeymen
Plumbers and Steam Fitters, herein called the Plumbers. On Jan-
uary 6, 1942, the Regional Director issued and duly served on the
parties his Report on Objections to Election Report.
The Company makes no objection with respect to the conduct of
the ballot or the Election Report, but objects to a determination of
any appropriate unit or units and the certification of any repre-
MARSHALL FIELD & COMPANY 1149
sentatives on the basis of the results of the elections.' The Company
contends that the Board had no power or authority to conduct such
elections, that the findings of fact made in the Decision and Direc-
tion are not supported by evidence, that the Decision and Direction
is arbitrary and capricious, and that the elections have not been
completed, inasmuch as the desires of the employees in Group 6
have not been determined. Most of the Company's objections were
advanced and considered in connection with its Petition for Re-
hearing previously filed herein and denied by the Board on Novem-
ber 27, 1941. We have considered all the objections of the Company
and find no merit in them; accordingly, they are hereby overruled.
With respect to the election in Group 2, the I. B. E. W. contends
that the two challenged ballots should be counted and that the
ballots of four employees should be declared invalid on the ground
that they were not eligible to participate in the election. The
Regional Director sustained the challenges and also found that .the
four employees were eligible.
The challenged ballots were cast by Peter Barr and Amos Anderson,
foremen over the electricians on the day and night shifts, respec-
tively. For the reasons stated in the Regional Director's Report on
Objections, we are of the opinion that Barr and Anderson are super-
visory employees and we therefore sustain the challenges to their
ballots. Three of the four alleged ineligible employees, Nelson,
Walburn, and Clagett, are classified as electricians' helpers and spend
most of their time replacing burned-out electric bulbs and fuses.
The fourth employee, Scollay, is listed by the Company as a class
"B" electrician ; he checks certain electrical equipment and makes
repairs if necessary, in addition to performing duties similar to those
of the other three. The I. B. E. W. claims that these four em-
ployees do not perform electrical work and that consequently they
should not have been allowed to vote.' The record shows that the
I. B. E. W. representative contended at the hearing that electricians'
helpers should be included; no differentiation was made on the basis
of the type or complexity of the electrical work performed. We
find that these four employees were eligible to vote. The objections
of the I. B. E. W. are therefore overruled.
' In its Decision, referred to above, the Board withheld final determination of the unit
or units appropriate for the purposes of collective bargaining pending the results of the
elections.
6 At a conference in the Regional Office held several days prior to the elections, the
I B. E. W. contended that these employees other than Scollay, were improperly included
on the eligibility list ; however, the I. B. E. W. failed to challenge any of them at the polls
allegedly by reason of a misunderstanding respecting the necessity for having an observer
present for such purpose. Although we find that the I. B. E. W. was advised that chal-
lenges would have to be made by an authorized observer at the polls, we assume, for the
purpose of determining the eligibility of these four employees , that timely challenges to
their ballots were made.
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Plumbers contend that the Regional Director erred in sus-
taining the challenge to the ballot of Fred World, the only employee
who attempted to vote in the election in Group 6. In our Decision
and Direction of Elections "the master plumber" was excluded in
conformity with the desire of the Plumbers. Although the Plumbers
claim that another employee, and not World, is the master plumber,
the Regional Director reported that World is a master plumber and
that he is the only employee so listed on the Company's pay roll.
We find no merit in the objection of the Plumbers and we therefore
affirm the ruling of the Regional Director sustaining the challenge
to World.
In its Decision, the Board withheld a determination of the appro-
priate unit or units pending the outcome of the elections, stating
that "the determining factor should be the desires of the employees
themselves" as expressed in the separate elections. The results of
the elections in Groups 1, 2, and 7 show that a majority of the
employees in each group have designated Department Store Em-
ployees Union, Local 291, affiliated with the United Retail, Whole-
sale and Department Store Employees of America, C. I. 0., herein
called the C. I. 0., as their representative; we shall therefore com-
bine the employees in said Groups in one unit and certify the C. I. 0.
as their representative. Separate units will be established consisting
of the employees in Groups 3, 4, and 5, respectively, since the em-
ployees in each of these groups selected an organization other than
the C. I. 0. as their representative; we shall certify the organization
designated as such representative. Since the employees in Group 6
selected no representative, they will not be included in any unite
Upon the entire record in the case the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that the employees in each of the following four groups,
employed by Marshall Field & Company, Chicago, Illinois, at its
State Street store, constitute a unit appropriate for the purposes
of collective bargaining and that said units will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and otherwise will effectuate the policies
of the Act:
(1) All employees in the elevator division, the housekeeping divi-
sion, and the engineering division, excluding supervisory and clerical
On February 4, 1942, the Company filed with the Board a letter requesting the Board
to take notice of certain pending petitions for certification of representatives among em-
ployees of the Company other than those here involved , filed since our Decision and Direc-
tion of Elections herein by unions that are parties hereto , and that the Board consider
said petitions in connection with the instant proceedings we have considered the Com-
pany's request and are of the opinion that certification of representatives should not be
delayed or withheld by reason of the pendency of the aforesaid petitions.
MARSHALL FIELD & COMPANY 1151
employees, the staffman, firemen and oilers, the boiler room main-
tenance man, engineers and refrigerating engineers, the chief en-
gineer, steamfitters and welder steamfitters, plumbers, the master
plumber, and machinists;
(2) all firemen and oilers, including the boiler room maintenance
man;
(3) all engineers and refrigerating engineers, excluding the chief
engineer; and
(4) all steamfitters and welder steamfitters, excluding the super-
visor and steamfitter helpers.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees in the elevator division, the housekeeping divi-
sion, and the engineering division, employed by Marshall Field &
Company, Chicago, Illinois, at its State Street store, excluding super-
visory and clerical employees, the staffman, firemen and oilers, the
boiler room maintenance man, engineers and refrigerating engineers,
the chief engineer, steamfitters and welder steamfitters, plumbers,
the master plumber, and machinists, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
2. All firemen and oilers, including the boiler room maintenance
man, employed by Marshall Field & Company, Chicago, Illinois,
at its State Street store, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
3. All engineers and refrigerating engineers, excluding the chief
engineer, employed by Marshall Field & Company, Chicago, Illinois,
at its State Street store, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act.
4. All steamfitters and welder steamfitters, excluding the supervisor
and steamfitter helpers, employed by Marshall Field & Company,
Chicago, Illinois, at its State Street store, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
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, Sections 8 and 9, of
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules and Regulations-Series 2,
as amended.
IT Is HEREBY CERTIFIED that Department Store Employees Union,
Local 291, affiliated with the United Retail , Wholesale and Depart-
ment Store Employees of America , C. I. 0., has been designated and
selected by a majority of all employees in the elevator division , house-
keeping division , and the engineering division, employed by Marshall
Field & Company , Chicago, Illinois, at its State Street store, ex-
cluding supervisory and clerical employees , the staffman , firemen and
oilers, the boiler room maintenance man, engineers and refrigerating
engineers , the chief engineer , steamfitters and welder steamfitters,
plumbers , the master plumber, and machinists , as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9 ( a) of the Act, Department Store Employees Union, Local
291, affiliated with the United Retail , Wholesale and Department
Store Employees of America , C. I. 0., is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay , wages, hours of employment , and other
conditions of employment; and
IT IS HEREBY CERTIFIED that International Union of Firemen and
Oilers , Local 7, (A. F. L.), has been designated and selected by a
majority of all firemen and oilers , including the boiler room mainte-
nance man, employed by Marshall Field & Company , Chicago, Illi-
iiois, at its State Street store, as their representative for the purposes
of collective bargaining and that, pursuant to Section 9 (a) of the
Act, International Union of Firemen and Oilers, Local 7, (A. F. L.),
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages , hours of
employment , and other conditions of employment; and
IT IS HEREBY CERTIFIED that International Union of Operating En-
gineers, Local 399, (A. F. L.,), has been designated and selected by
a majority of all engineers and refrigerating engineers , excluding
the chief engineer , employed by Marshall Field & Company, Chicago,
Illinois, at its State Street store , as their representative for the pur-
poses of collective bargaining and that, pursuant to Section 9 (a)
of the Act , International Union of Operating Engineers , Local 399,
(A. F. L.), is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment , and other conditions of employment; and
IT IS HEREBY CERTIFIED that Steam Fitters Protective Association,
Local Union 597 (A. F. L.), has been designated and selected by a
majority of all steamfitters and welder steamfitters, excluding the
supervisor and steamfitter helpers, employed by Marshall Field &
Company, Chicago, Illinois, at its State Street store, as their repre-
MARSHALL FIELD & COMPANY 1153
sentative for the purposes of collective bargaining, and that, pur-
suant to Section 9 (a) of the Act , Steam Fitters Protective Associa-
tion, Local Union 597 (A. F. L.) is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages , hours of employment , and other con-
ditions of employment.
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