Sullivans' Smythfield

National Labor Relations Board - Board Decisions

Aug 15, 1941

34 N.L.R.B. 305 (N.L.R.B. 1941)

In the Matter Of WARD SULLIVAN AND CURTIN SULLIVAN , COPARTNERS,
DOING BUSINESS UNDER THE NAME OF SULLIVANS' SMYTHFIELD and
UNITED RETAIL , WHOLESALE & DEPARTMENT STORE EMPLOYEES OF
AMERICA, LOCAL 18, AFFILIATED WITH THE C. I. O.
Case-No. B-2808.-Decided August 15, 1941
Jurisdiction : dry goods wholesaling industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord union recognition; election necessary.
Unit Appropriate for Collective Bargaining : all employees, excluding executives,
confidential employees, buyers, heads of departments, and road salesmen ;
agreement as to.
Mr. Samuel B. Fortenbaugla, Jr., of Philadelphia, Pa., for the
Company.
Mr. Louis F. McCabe, of Philadelphia, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 19 and July 21, 1941, respectively, United Retail, Whole-
sale & Department Store Employees of America, Local 18, affiliated
with the C. I. 0.. herein called the Union, filed with the Regional
Director for the Fourth Region (Philadelphia, Pennsylvania) a peti-
tion and an amended petition alleging that a question affecting coin-
merce had arisen concerning the representation of employees of Ward
Sullivan and Curtin Sullivan, Copartners, doing business under the
name of Sullivanss Smythfield, Philadelphia, Pennsylvania, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On July 14, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
idue notice.
34 N. L. R. B., No. 50
305
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 22, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 28, 1941, at Philadel-
phia, Pennsylvania, before Geoffrey J. Cunniff, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union were represented by counsel and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During the.course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sullivans' Smythfield is a copartnership consisting of Ward Sulli-
van and Curtin Sullivan, who are engaged in the wholesale dry goods
business at Philadelphia, Pennsylvania. During 1940 the Company
purchased about $800,000 worth of materials, approximately all of
which were secured from points outside the Commonwealth of Penn-
sylvania. During the same period, the Company sold goods valued
at about $1,000,000, approximately 60 per cent of which were shipped
to points outside the Commonwealth of Pennsylvania. The Com-
pany admits that it is engaged in interstate commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Retail , Wholesale & Department Store Employees of
America, Local 18, is a labor organization affiliated with the Congress
of Industrial Organizations . It admits to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In June 1941 the Union requested the Company to recognize it as
the exclusive representative of its employees. The Company denied
the request. A statement of the Regional Director, introduced in evi-
dence at the hearing, shows that the Union represents a 'substantial
number of employees in I he alleged appropriate unit.'
The Regional Director reported that the Union presented 18 application for membership
cards bearing the names of persons who appear on the Company' s pay roll of June 19,
1941. There are 30 employees on this pay roll in the alleged appropriate unit.
WARD, 1S9ULLPVAN E(P A.Z. 307
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate , and substantial relation to
trade, traffic, and commerce among the several States and tends to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing, and we find, that
all employees at the 1218 Arch Street Building of the Company, ex-
cluding executives, confidential employees, buyers, heads of depart-
ments, and road salesmen, constitute a unit appropriate for the purposes,
of collective bargaining. We further find that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by the holding of an election by secret ballot.
We shall direct that all 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 such limitations and
additions as are set forth in the Direction, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ward Sullivan and Curtin Sullivan, Copart-
ners, doing business under the name of Sullivans' Smythfield, Phila-
delphia, Pennsylvania, within the meaning of Section 9 (c) and 2 (6)
and (7) of the National Labor Relations Act.
2. All employees at the 1218 Arch Street Building of the Company,
excluding executives, confidential employees, buyers, heads of depart-
ments and road salesmen, constitute a unit appropriate for the purposes
of collective bargaining, within, the meaning of Section 9 (b) of the
National Labor Relations Act.
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 8, 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 Ward Sullivan and Curtin Sullivan, Copartners, doing business
under the name of Sullivans' Smythfield, Philadelphia, Pennsylvania,
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 Fourth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all employees at the 1218 Arch Street Building of the
Company who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not,
work during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding executives, confidential employees,
buyers, heads of departments, road salesmen, and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Retail, Wholesale & Depart-
ment Store Employees of America, Local 18, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective
bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election.