Sears, Roebuck and Co.

National Labor Relations Board - Board DecisionsFeb 1, 1946

65 N.L.R.B. 751 (N.L.R.B. 1946)

In the Matter of SEARS, ROEBUCK AND Co. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. B-1272 Case No. 16-R-1501.-Decided February 1, 1946 Mr. Dale M. Race, of Chicago, Ill., and Mr. E. W. Hagenbaumer, of Dallas, Tex., for the Company. Messrs. W. J. Cox and F. C. Ford, both of Dallas, Tex., for the Union. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Elec- trical Workers, Local Union No. B-1272, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Sears, Roebuck and Co., Dallas, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Glenn L. Moller, Trial Examiner. The hearing was held at Dallas, Texas, on November 16, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity io file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Sears, Roebuck and Co., a New York corporation, maintains 595 retail stores in 47 States, 10' mail-order houses, and 20 factories. The Company maintains in Dallas, Texas, a repair shop where it repairs electrical units and appliances for various of its stores located in the States of Texas, Arkansas, Oklahoma, Kansas, Nebraska, Colorado, 65 N. L. R. B., No. 123. 679100-46-vol . 65-49 751 752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD New Mexico, and Missouri. Of the work done at the unit repair shop, approximately 10 percent represents work done on items shipped to the shop from points outside the State of Texas, all of which items so received are returned to their points of origin. The repair shop does ,an annual gross business amounting to in excess of $100,000. The Company admits, for the purposes of this proceeding, that it is engaged in commerce within the meaning of the National Labor Relations Act and we so find. II. THE ORGANIZATION INVOLVED International Brotherhood of Electiical Workers, Local Union No. B-1272, is a labor organization , affiliated with the American Federa- tion of Labor , admitting to membership employees of the Company. III. TILE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its Unit Repair Shop employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' IV. Ti IF. APPROPRIATE UNIT The Union contends that the appropriate unit should consist of all employees in the Unit Repair Shop of the Company at 3800 Clarendon Avenue, Dallas, Texas, excluding office and shop clerical employees, foremen, and all other supervisory employees. The Company agrees that the unit proposed by the Union is appropriate, but contends that employees classified by it as extra employees should be excluded, whereas the Union contends that such employees should be included. Extra employees are employees who have not completed either 6 four-week periods or 720 hours of employment. Since there is no showing that extra employees will not in all probability become per- manent employees, we find no basis for excluding them.2 We find that all employees in the Company's Unit Repair Shop at 3800 Clarendon Avenue, Dallas, Texas, including extra employees, but excluding office and shop clerical employees, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or ' The Field Examiner reported that the Union submitted 27 cards bearing the names of 27 employees listed on the Company's pay roll of August 1945, and that there are ap- proximately 50 employees In the appropriate unit ' Matter of The Dayton Rubber Manufacturing Company, 57 N L. R. B. 888; Matter of Sears, Roebuck and Company, 62 N. L R. B. 674. SEARS, ROEBUCK AND CO. 753 effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section- 9 (b) of the Act. V. TI-1 L DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein. subject to the limitations and additions set forth in the Direction. DIRECTION OF 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED, that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Sears, Roebuck and Co., Dallas, Texas, 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, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United State's who present themselves in person at the polls, but excluding those em- ployees who have since quit,or been discharged for cause and have not been rdhired or reinstated prior-to the date of the election, to deter- mine whether or not they desire to be represented by International Brotherhood of Electrical Workers, Local Union No. B-1272, affiliated with the American Federation of Labor, for the purposes of collective bargaining.