Sears-Roebuck Co.

National Labor Relations Board - Board Decisions

Aug 8, 1946

69 N.L.R.B. 1319 (N.L.R.B. 1946)

In the Matter of SEARS-ROEBUCK COMPANY, EMPLOYER and TRUCK
DRIVERS LOCAL UNION No. 515 A. F. OF L., PETITIONER
Case No. 10-R-1813.-Decided August 8, 194.6
Messrs. Harold Koenigsberg, of Detroit, Mich., and J. R. Brook-
shire, of Chattanooga, Tenn., for the Employer.
Messrs. Charles D. Fisher and J. H. Dunn, of Chattanooga, Tenn.,
for the Union.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chatta
nooga, Tennessee, on June 10, 1946, before Albert D. Maynard, Trial
Examiner. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Sears-Roebuck Company, a New York corporation, operates a store
and warehouse in Chattanooga, Tennessee, where it is engaged in
the sale of household goods, furniture, clothing, farmers' and me-
chanics' supplies, automobile and radio equipment, and other mer-
chandise customarily sold by department and chain stores. During
the year 1945, its stock of merchandise was valued in excess of $500,000,
approximately 50 percent of which was shipped to Chattanooga from
points outside the State of Tennessee. During the same period it
sold merchandise valued in an amount exceeding $500,000, approxi-
mately 15 percent of which was shipped to and through States other
than Tennessee. This proceeding is confined to the Chattanooga
division.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
69 N. L. R. B., No. 166.
1319
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties stipulated that the unit should comprise all employees,
including the assistant manager of the warehouse but excluding sales-
men, store clerks, office and supervisory employees.
We find, substantially in accord with agreement of the parties, that
all employees of the Employer in its store and warehouse at Chat-
tanooga, Tennessee, including employees in the battery and tire-
changing department, truck drivers, helpers, receiving clerk, shipping
clerk, order fillers, furniture set-up men, repairmen and porters of
the warehouse, employees in the store receiving and shipping room
departments, the receiving clerk, stock clerk, and porter in the farm
store, but excluding all store clerks, office and sales employees, the
manager of the battery and tire-changing department, the manager
and assistant manager of the warehouse,1 the manager of the receiving
and shipping department, and all or any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Sears-Roebuck Company, Chatta-
nooga, Tennessee, 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 Tenth Region, acting in this matter as agent for the
' Although the parties agreed to include J. Glasscock , the assistant manager of the ware-
house, the record shows that he has authority to make effective recommendations regarding
the status of warehouse employees . Inasmuch as he is a supervisory employee within the
Board ' s customary definition , we shall exclude him from the unit.
SEARS-ROEBUCK COMPANY 1321
National Labor Relations Board, and subject to Article III, Sections
10 and 11, of National Labor Relations Board Rules and Regulations-
Series 3, as amended, among the employees in the unit found appro-
priate 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 em-
ployees in the armed forces of the United States who present them-
selves 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 Truck Drivers Local Union No.
515, A. F. of L., for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
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