Sears Roebuck and Co.

National Labor Relations Board - Board Decisions

Mar 6, 1946

66 N.L.R.B. 342 (N.L.R.B. 1946)

In the Matter of SEARS ROEBUCK AND Co. and RETAIL CLERKS UNION,
LOCAL #235, OF THE RETAIL CLERKS INTERNATIONAL PROTECTIVE
ASSOCIATION, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. 8-R-2071.-Decided March 6, 1946
Messrs. R. D. Hooke and We M. Race, of Chicago, Ill., for the
Company.
Messrs. A. L. Jacobson and A. W. Hannah, of Massillon, Ohio, for
the Union.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Retail Clerks Union, Local #235,
of The Retail Clerks International Protective Association, affiliated
with the American Federation of Labor, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Sears Roebuck and Co., Massil-
lon, Ohio, store, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before George F. Hayes, Trial Examiner. The hearing was held at
Akron, Ohio, on January 22, 1946. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity' 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 an opportunity to 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. is a corporation organized and doing busi-
ness under the laws of the State of New York, with a branch store
66 N. L. R. B., No. 41.
342
SEARS ROEBUCK AND CO. 343
located at Massillon, Ohio. During the past fiscal year the Com-
pany sold at its Massillon branch store merchandise valued at ap-
proximately $200,000, of which 85 percent was received from out-
side the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Retail Clerks Union, Local #235, of The Retail Clerks Inter-
national Protective Association, affiliated with the American Feder-
ation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In November 1945, the Union requested recognition as bargaining
representative of the Company's employees. The Company in reply
declined the Union's request.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with an agreement of the parties,
that all employees of the Company at its Massillon, Ohio, store, in-
cluding sales extras, but excluding store manager, credit manager,
cashier, assistant cashier, unit buying control, advertising and dis-
play division manager, credit department stenographer, audit clerk
and stenographer, telephone operator, credit department cashier,
employees covered by the Teamsters' contract,2 and all other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
1 The Field Examiner reported that the Union submitted 19 membership cards. There
are approximately 44 employees in the appropriate unit.
s The Teamsters ' contract covers the following job classifications : garage man, do-
mestic appliance service man, warehouseman , receiving and shipping clerks , truck driver
and helper, warehouse stock boy , furniture rednisher.
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
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 Rela-
tions 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., Massillon , Ohio, store, 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 Eighth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections , 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above , who were employed 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 States who present themselves in person
at the polls , but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether or not they desire to be repre-
sented by Retail Clerks Union, Local #235, of The Retail Clerks
International Protective Association, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
ME. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.