Sears, Roebuck & Co.

National Labor Relations Board - Board Decisions

Mar 6, 1944

55 N.L.R.B. 278 (N.L.R.B. 1944)

In the Matter of SEARS, ROEBUCK &. Co. and WAREHOUSE EMPLOYEES
UNION #322 TRUCK DRIVERS & HELPERS UNION #592
Case No. 5-R-149.-Decided March 6,191,p4
Mr. R. D. Hooke, of Chicago, Ill., for the Company.
Mr. Russell Brawn and Mr. L. G. Lane, of Richmond, Va., for the
Unions.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Warehouse Employees Union #322
and Truck Drivers & Helpers Union #592, locals of the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, AFL, herein called the Unions, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Sears, Roebuck & C9., Richmond, Virginia, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing was held at Richmond, Virginia, on Febru-
ary 8, 1944. The Company and the Unions appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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
I. THE BUSINESS OF THE COMPANY
Sears, Roebuck & Co., a New York corporation, operates numerous
retail stores, mail order plants, and factories throughout the United
States. We are here concerned only with its warehouse and retail store
at Richmond, Virginia. During its 1942 fiscal year, the Company
55 N. L. R B, No. 49.
278
SEARS, ROEBUCK & CO. 279
received materials and merchandise at its Richmond warehouse and
store valued in excess of $500,000, about 95 percent of which was
shipped from sources outside the State of Virginia, and about 1 per
cent of its sales during the same period was made to customers out-
side that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Warehouse Employees Union #322 and Truck Drivers & Helpers
Union #592, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, affiliated with the American
Federation of Labor, are labor organizations admitting to membership
employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Unions as
the exclusive bargaining representatives of certain of the Company's
employees until the Unions have been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Unions represent 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all warehousemen, truck drivers and helpers, markers, stockmen,
order checkers, shopmen, receiving and utility employees at the Com-
pany's warehouse at 13th and Canal Streets, Richmond, Virginia,
excluding the warehouse manager, assistant manager (head shipper),
clerical employees, and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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 em-
1 The Field Examiner reported that the Unions submitted 24 membership application
cards all of which bore apparently genuine original signatures ; that the names of 13 per-
sons appearing on the cards were listed on the Company 's pay roll of Decembeer 10, 1943,
which contained the names of 27 employees in the alleged appropriate unit.
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees 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, it is hereby
. DIREcTED that, as part of'the investigation to ascertain _representa
tives •for the purposes of collective bargaining with Sears, Roebuck &
Co.,-13th; and Canal Streets, Richmond, Virginia, 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 Ae Regional Directof'for the Fifth 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 Regula-
tions, 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 those employees 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 represented
by International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men:and Helpers of-America, Locals,#592 and #322,2 for the`purposes
of collective bargaining.
Decision and Direction' of Election.
The'tnions wish to be so designated on the ballot.
f
MR. JOHN M. HouSTON took no part in the consideration of the above