Montgomery Ward & Co.

National Labor Relations Board - Board Decisions

Nov 28, 1941

37 N.L.R.B. 9 (N.L.R.B. 1941)

In the Matter of MONTGOMERY WARD & COMPANY and RETAIL CLERKS
INTERNATIONAL PROTECTIVE ASSOCIATION (A. F. OF L.)
In the Matter of MONTGOMERY WARD & COMPANY and UNITED RETAIL,
WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA
(C. I. 0.)
Cases Nos . R-3023 and R-30211,
SUPPLEMENTAL DECISION
DIRECTION OF RUN-OFF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES
November 08, 1941
On October 11, 1941 ," the National Labor Relations Board, herein
called the Board , issued its Decision and Direction of Elections in the
above-entitled proceedings.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on November 1, 1941, under
the direction and supervision of the Regional Director for the Seventh
Region ( Detroit, Michigan). On November 6, 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 upon the parties an Elections Report on the ballots.
No objections to the conduct of the ballots or the Elections Report
have been filed by any of the parties.
As to the balloting and its results , the Regional Director reported
as follows:
15400 Grand River Avenue, Detroit , Michigan, Store
Total on eligibility -list -------------------------------------- 436
Total ballots cast------------------------------------------- 360
Total ballots challenged------------------------------------- 4
Total blank ballots ----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes cast_______________________________________ 356
Votes cast for Retail Clerks International Protective Associa-
tion, A. F. L--------------------------------------------- 8
Votes cast for United Retail, Wholesale and Department Store
Employees'of America; C. I. 0----------------------------- 322
Votes cast for neither--------------------------------------- 26
136 N., L. R. B. 69.
37 N. L. R. B., No. 3.
9
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
14455 Grati-ot Avenue, Detroit, Michigan, Store
Total an eligibility list------------------------------------- 317
Total ballots -----------------z-------------------------- 257
Total ballots challenged ------------------------------------ 5
Total blank ballots----------------------------------------- 0
Total void ballots ------------------------------------------ 0
Total valid votes cast ---------------------- ---------------- 252
Votes cast -for Retail Clerks International Protective Associa-
tion, A. F. L--------------------------------------------- 8
Votes cast for United Retail, Wholesale and Department Store
Employees of America, C. I. 0----------------------------- 237
Votes cast for neither-------------------------------------- 7
13551 Machagan Avenue, Dearborn, Michigan, Store
Total on eligibility list-------------------------------------- 343
Total ballots cast ------------------------------------------ 284
Total 'ballots challenged ------------------------------------ 1
Total blank ballots----------------------------------------- 2
Total void, ballots ------------------------------------------ 0
Total valid votes cast-------------------------------------- 281
Votes cast for Retail Clerks International Protective Associa-
tion, A F. L---------------------------------------------- 5
Votes cast for United Retail, Wholesale and Department Store
Employees of America, C. I. 0----------------------------- 259
Votes cast for neither--------------------------------------- 17
400 South Washington Avenue, Royal Oak, Michigan, Store
Total on eligibility list------------------------------------- 189
Total ballots cast ------------------------------------------ 154
Total ballots challenged ---------------------------- ------- 0
Total blank ballots----------------------------------------- 0
Total void ballots ----------------------------------------- 0
Total valid votes cast--------------------------------------- 154
Votes cast for Retail Clerks International Protective Associa-
tion, A. F. L--------------------------------------------- 49
Votes cast for United Retail, Wholesale and Department Store
Employees of America, C. I. 0---------------------------- 66
Votes cast for neither--------------------------------------- 39
Since the challenged ballots cannot affect the ultimate results of any
of the elections, we find it unnecessary to make any determination
with respect thereto.
On November 12, 1941, United Retail, Wholesale and Department
Store Employees of America (C. I. 0.) filed a formal request for a
run-off election to be conducted by the Board among the employees
of the Royal Oak Store. Although neither of the competing labor
organizations received a majority of the votes cast in the election at
the Royal Oak store, the results of this election show that a substantial
majority of employees voting desire to bargain collectively with the
Company. Accordingly, we shall direct a run-off election among the
employees of the Royal Oak store, in which they will be given an op-
MONTGOMERY WARD & -COMPANY 11
portunity to decide whether they desire to be represented by Retail
Clerks'International Protective Association, affiliated with the A. F.
of L., or by United Retail, Wholesale and Department Store Em-
ployees of America, affiliated with the C. I. O., for the purposes of col-
lective bargaining.
DIRECTION OF RUN-OFF 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,
49 State. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Montgomery Ward & Company, Chicago, Illinois, 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 of Run-off
Election, under the direction and supervision of the Regional Director
for the Seventh 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 the employees in the Company's store
at 400 South Washington Avenue, Royal Oak, Michigan, who were
eligible to vote in the election conducted on November 1, 1941, but
excluding those who have since quit or been discharged for cause, to
determine whether they desire to be represented by Retail Clerks
International Protective Association, affiliated with the A. F. of L, or
by United Retail, Wholesale and Department Store Employees of
America, affiliated with C. I. 0., for the purposes of collective
bargaining.
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,
49 Stat. 449, and pursuant. to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Retail, Wholesale and Depart-
ment Store Employees of America, affiliated with the C. I. 0., has been
designated and selected by a majority of the employees at the 15400
Grand River Avenue, Detroit, Michigan, 14455 Gratiot Avenue, De-
troit, Michigan, and 13551 Michigan Avenue, Dearborn, Michigan,
stores of Montgomery Ward & Company, respectively, excluding di-
visional directors, store managers, assistant managers, employees in
leased departments, floor managers, department heads, personnel di-
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rectors and their assistants, store detectives or police, private secre-
taries of store managers, chief engineers, and buyers, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, United Retail, Wholesale and Department
Store Employees of America, affiliated with the C. 1. 0., is the exclusive
representative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the above
Supplemental Decision, Direction of Run-Off Election, and Certifica-
tion of Representatives.