The May Co.

National Labor Relations Board - Board Decisions

Mar 5, 1942

39 N.L.R.B. 471 (N.L.R.B. 1942)

In the Matter of THE MAY DEPARTMENT STORES COMPANY, DOING
BUSINESS AS THE MAY COMPANY and RETAIL CLERKS INTERNATIONAL-
PROTECTIVE ASSOCIATION, RETAIL SHOE SALESMEN, LOCAL UNION
No. 420, A. F. OF L.
In the Matter of THE MAY DEPARTMENT STORES COMPANY, DOING
BUSINESS AS THE MAY COMPANY and RETAIL CLERKS INTERNATIONAL
PROTECTIVE ASSOCIATION, RETAIL TEXTILE CLERKS, LOCAL UNION
No 454, A. F. oF; L.
Cases Nos. R-3408 and R-3409, respectively.Decided March 5,
1942
Jurisdiction : retail department store industry. -
Investigation and Certification of Representatives : existeitce of question : refusal
of Company to accord recognition toypetitioning unions; election necessary.
Unit Appropriate for Collective Bargaining : (1) all employees of the Company's
Denver Store who are engaged in the handling and selling of shoes and
findings, including regular extra employees, but excluding temporary extra
employees, supervisors, buyers, and assistant buyers; (2) all employees of
the Company's Denver store and warehouse, including regular extra em-
ployees and night watchmen, but excluding employees engaged in the hand-
ling add selling of shoes and findings, temporary extra employees, executives,
stiipervisors; , buyers, assistant buyers, _ floor managers, contract manager,
employees of leased departments, nurse, radio repairman, washing-machine
repairman, engineer and maintenance employees, carpenters, and painters,
tailors, seamstresses, and furriers.
Mr Charles D. Bromley, of Denver, Colo., for the Company.-
Mr. J. A. Brownlow and Mr. Edward W. Moore, of Denver, Colo.,
for the Shoe Salesmen and the Textile Clerks.
Mr. Frederic B. Parkes, end, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On October 8, 1941, Retail Clerks International Protective Asso-
ciation, Retail Shoe Salesmen, Local Union No. 420, A. F. of L.,
herein called the Shoe Salesmen, and Retail Clerks International
39 N. L. R. B., No. 84.
471
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Protective Association, Retail Textile Clerks, Local Union No. 454,
A. F. of L., herein called the Textile Clerks, each filed with the
Regional Director for the Twenty-second Region (Denver, Colorado)
petitions and first amended petitions, and on November 28, 1941,
the Shoe Salesmen and the Textile Clerks each filed with the Re-
gional Director second amended petitions, each alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of the May Department Stores Company, ' doing business
as The May Company, Denver, Colorado, 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 November 28 and December 2,
1941, respectively, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice, and pursuant to Article III, Section 10 (c)
(2), of said Rules and Regulations, ordered that the two cases be
consolidated.
On November 28 and December 5, 1941, respectively, the Regional
Director issued a notice of hearing and an order postponing date of
hearing, copies of which were duly served upon the Company, the
Shoe Salesmen, and the Textile Clerks. Pursuant to notice, a hear-
ing was held on December 18, 19, and 20, 1941, at Denver, Colorado,
before Paul S. Kuelthau, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, the Shoe Salesmen, and the
Textile Clerks were represented and participated in the hearing.
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 various 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. On January 19, 1942, the Company
filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The May Department Stores Company, doing business as The May
Company, is a _ New York corporation with its principal office in
St. Louis, Missouri.* The Company is engaged in the operation of
THE MAY COMPANY 473
seven retail department stores, two of which are located at Los
Angeles, California, and the remainder in Denver, Colorado, St.
Louis, Missouri, Cleveland, Ohio, Baltimore, Maryland, and Akron,
Ohio, respectively.' . The instant proceeding is concerned only with
the operations of the Denver store.
Between January 1 and October 31, 1941, the Company's Denver
store purchased merchandise valued at $3,673,116.00, 91.2 percent of
which was purchased and shipped to it from points outside the State
of Colorado. During the same period the retail sales of the Com-
pany's Denver store amounted in value to $5,154,360.00. Between
May 1 and October' 31, 1941, its retail, sales totaled $3,348,283.00.
During the latter period merchandise valued at $67,721.92 was sent
by the parcel post room of the Company's Denver store to points out-
side the State of Colorado. Such merchandise was purchased in
the store by customers desiring it to be delivered to points outside
the State. Between January 1 and October 31, 1941, the personal
shopping-service department of the Company's Denver store sent
merchandise, the sales,value of which was $33,626.00 to points outside
of Colorado. Such sales were made upon orders and requests sent
the Company's Denver store from outside the State.2 Between Janu-
ary 1 and November 30, 1941, the Denver store sold the following
amounts of merchandise to other stores of the Company : $509.27 to
the Cleveland store, $246.60 to the Los Angeles store, $279.94 to the
Akron store, and $1,109.05 to the St. Louis store. Between January
1 and October 31, 1941, the following amounts of merchandise were
purchased by out-of-State buyers in accepting bids submitted by the
Denver store's contract manager : $3,000.00 by a cottage camp in
Lander, Wyoming, $600.00 by the Plains Hotel, Cheyenne, Wyoming;
'Each of the stores is operated individually . The officials of each store determine its
merchandising and labor policies The Board of Directors in St. Louis controls the capital
expenditures for building improvements made by each store and appoints the general
_manager and merchandising manager for each of the stores . Otherwise the personnel is
determined by the individual stores. Each of the stores treats the others as third persons
Any sales or purchases made between the Denver stores and the other stores are billed in
the same manner as if made with a third person ; payments are made by check . No orders
are received from or given by the St Louis office with respect to any transactions among
the stores , all dealings being made directly between the executives of the stores involved
The Denver store maintains its own bank account locally and in New York, and checks
drawn on these accounts are signed by executives of the Denver store. All purchases of
merchandise for the Denver store are made by the Denver store buyer subject to the
approval of the local merchandise manager. No other approval is necessary . Orders are
normally sent directly to the manufacturers . However, with respect to manufacturers
in the New York area, orders are directed to the manufacturers by the buyers through
the New York office. The New York office has no power of approval or disapproval but
simply transmits for purposes of convenience orders to the manufacturers. It is also a
meeting place for buyers of the various May stores when they are in New York. Orders
for more than one store are never combined ; all are treated individually and separately.
2 The latter two figures are not net , since the full amount of all uneven' exchanges is
included therein without any credit being given for the price of the original purchases
returned in the exchange.
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
$1,000.00 by Bureau.,-of Reclamation, Coulee Dam, Washington;
$5,000.00 ,by Burlington Railroad, Chicago, Illinois.3 These orders
were filled by shipment. direct from the manufacturers.
The, Company does not engage in any advertising on a Nation-
wide basis for its chain of stores. • The Company's Denver store
advertises ; in local- newspapers, including 'the Denver Post, Rocky
Mountain News, ; Colorado 'Labor Advocate, and Monitor. It also
advertises by radio, over Station KEEL. J t does not issue cata-
logues..,,However, brochures :advertising merchandise sold by the
Denver: store are frequently enclosed with bills sent to charge- account
customers, some ,of, whom reside at points 'outside the- State of Colo-
rado.. Otherwise, .the„Company-resorts to no direct mail advertising
outside the . State. The (Company's Denver store is the exclusive
vendor-ofapproximately, 57 types of•merchandise which is nationally
advertisined • by, the, 'manufacturers. AS of. December 1, 1941, the
Company's Denver store employed, approximately 1,223 employees.
We find (1) that the 'Company' maintains and operates a depart-
ment ^ store in , Denver;,Colorado ; (2) that its Denver store receives a
large. amount of its merchandise-,in interstate commerce;. (3) that its
Denver, store :sells and, ships.' through interstate commerce consider-
able amounts of merchandise to other,stores of the, Company and to
customers located outside' of the State of Colorado, including the
Burlington,Railroad;.an instrumentality of interstate commerce; and
(4) ,that the Company's Denver store advertises its merchandise out-
side -the; State of Colorado through the use of brochures, local news-
papers, and the local, radio -stations.
The Company, contends, however, (1) that since its Denver store
is operated independently of the other stores, the Board cannot
claim jurisdiction because of the ownership of other stores by the
Company, (2) that substantial purchases of goods from out-of-State
sources does not confer jurisdiction upon the Board, and (3) that
the out-of-State sales are not of sufficient quantity or of such a nature
as 'to '.chailge. the essential local' character of the business of the
Company's Denver store and to afford the Board jurisdiction. On
the basis'of.the facts previously indicated; we find the contentions of
the Company to be, 'without merit. As previously indicated, the
record shows that a. large amount of the Company's purchases are
shipped to it from' points outside the State of Colorado through
interstate, commerce -and 'that .the Company's 'Denver store sells and
ships through interstate commerce merchandise' to its out-of-State
$1,000 00 worth ' of merchandise has not been filled in this order
THE MAY COMPANY '475
customers and to the other stores of the Company.4 The fact that
the amount of out-of-State sales as contrasted with the total volume
of sales, is relatively small is ' not`, 'per se; 'tile cohtrolling ;'factor in
determining the Board's jurisdiction: The'test of the Board's juris-
diction is not the, percentage of either purchases' 'or sales''inad'e' out-
side the State. but "the effect thereof "' on commerce.5 ' Applyin'g' that
test, it is apparent', that the fact tliat' nidst 'd the' sol`e's 'of-the' Coiii-
pany's Denver store are local in character•ctiniiot preclude the Board
from assuming-'jurisdiction.,, We "conclud'e' that tW-CoMipany•"is
subject to the Act.7 "1'•' "'„
II. THE ORGANIZATIONS INVOLVED)
Retail Clerks International Protective,, Association, Retail, .Shoe
Salesmen, Local Union No. 420, is' a ;labor organization affiliated with
the American Federation of Labor, admitting, employees of the Com-
pany to membership.
Retail Clerks International Protective Association,,.Retail, Textile
Clerks, Local Union No. 454, is a labor-organization affiliated with the
American Federation of Labor, admitting employees of the Company
to membership. • 1
4 See Sitrburban; Lumber Co. v National 'Labor Relations ''Board,' 121 F '(2d)' 829
(C C. A 3), modifying Matter of,Suburban, Lumber Company and International Brothel-
hood of Teamsters, Chauffeurs, Stablem'en,and'llelpes of Amerioa., Local Union No' 676,
3 N L R B 194, cert. denied 62 S. Ct 364,; Neapoit•Neaps•Shipbuildiiij &'Dr7/'Docl. Co
et at v National Labor Relations Board, 101 I 1(2d) 841 (C: C A 4) , Matter of The
Lima Kenton Grocery Company and Local Untoii' No `908, Iitternattonnal 'Brotherhood of
Teamsters, Chauffeurs, Stablemen & Helpers (A. F L ), 29 N L. R. B 85.
See Southern Colorado Power Co.,v. National•Labor Relations Board, 111 F (2d) 539
(C C. A. 10), enforcing Matter of'Soiithern Colorado Power Co, a corporation and H Ii
Stewart and I. L. Watkins, indivtiduals, 13 N. L. R B. 699, National Labor Relations
Board v. Fdinblatt, 306 U. S 601, reversing 98 F•I(2d) 515' (C :C:•A• 3);'setting aside
Matter' of Benjamin Fainbldtt and, Marjorie , Fainblatt,,Indtivutnals doing .business under
the firm name's-and stylea of-Soiicerville Manitf¢oturiiig Compoir/ and Somerset Manu-
facturing Company and International Ladles' Garment Workers' i Union, 'Local, Not' 149,
1 N. L. R. B. 864 and. 4 N. L. R B. 596'; Matter of, Robert S. ,Green Incorporated-and
-United' Construction Workers 'Organnzing' Committee' 33 N I.'.' R B 1184; 'Matte'r of
Union Hardware it Metals Company and Intei,ational'Longshoremen' &' Wdreltoasem,)ii's
Union, Local 1-16, C. I. 0, 31 N- L. R. B 710; Matter of Alden MacLellam., Inc
and Local 1099, International Association of Machinists, A. F. of L., 31 N. L. R. B. 762;
Matter of B. Haberman and Amdlgamated' Merit" Cutters and' Butcher Workriicn of
North America," Local No. 195, affiliated with the American Federation' of Ldbor;' 30
N. L. R. B. 1241; Matter of R. S Green; Inc and United Construction Workers Orjanizing
Committee, 29 N. L. R. B. 1004. - I '
° See National Labor Relations Board v. Hearst, 102 P. (2d) -658 (C. C' A. 9), enforcing
as modified Matter of William Randolph Hearst, et at and American, Newspaper Guild,
Seattle Chapter, 2 N L R. B. 530; National Labor Relations Board v. Levaur, Inc, 115 F
(2d) 105 (C. C. A. 1), enforcing Matter of Henry Levaur, Inc. and International 9ssooiation
of Machinists, Local #1017 (A. F. L.), 17 N.-'L.=R. B. 1034, cert denied, 312'U ^3 682''
i Cf. Matter of Boston Store of Chicago, Inc. and Debdrt lent Store Eihplojces`• Uiison
Local 291 of Chicago, Illinois, af)iliated with C. 1. C., 37 N L R B'1140. `' '
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
M. THE QUESTIONS CONCERNING REPRESENTATION
In September 1941, the Shoe Salesmen and the Textile Clerks each
requested the Company to recognize it as the statutory representative
for the employees in the respective units proposed by them in this pro-
ceeding. The Company requested time to consult its attorneys. Be-
tween September and December 1941, the Company met with the Shoe
Salesmen and the Textile Clerks in several conferences during which
the labor organizations demanded recognition. The Company refused
to grant such recognition.
A statement of the Regional Director introduced into evidence at
the hearing shows that the Shoe Salesmen and the Textile Clerks, each
represents a substantial number'of employees in the respective units
hereinafter found to be appropriate."
We find that questions have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
- COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Shoe Salesmen contends that all employees of the Company's
Denver store who are engaged in the handling and selling of shoes and
findings, exclusive of extra employees hired for rush periods and
supervisors, constitute a unit appropriate for the-purposes of collec-
tive bargaining. The Textile Clerks claims that a second unit is ap-
S The Shoe Salesmen submitted to the Regional Director 38 applications for member-
ship, of which 3 were undated and 28 were dated in July 1941 , 3 in August 1941, and 4 in
September 1941. The Regional Director reported that 36 of the 38 signatures appeared
to be genuine signatures of which - 32 were the names of persons on the Company's pay
roll of December 6, 1941. As of that date, there were approximately 45 employees
within the unit found below to be appropriate.
The Textile Clerks submitted to the Regional Director 305 applications for membership,
authorization cards, and application for membership and authorization cards, which were
dated as follows : 1 during July 1941, 224 during August 1941 , 48 during September 1941,
6 during October 1941 , 1 during November 1941, and 25 undated. The Regional Director
reported that all the signatures were apparently genuine and that 218 of the signatures
were names of persons appearing on the Company 's payroll of December 6, 1941. As of
that date, there were approximately 800 employees in the unit found below to be
appropriate.
THE MAY COMPANY 477
propriate, embracing all employees of the Company's Denver store
and warehouse with the exception of employees engaged- in the han-
dling and selling of shoes and findings, extra employees hired for rush
periods, carpenters, painters, engineers, night watclunen, nurses, tail-
ors, radio repairman, washing-machine repairman, building-mainte-
nance employees, employees of leased departments, buyers, assistant
buyers, contract manager, floor managers, supervisors, and executives.
The Company denies the appropriateness of the units proposed by the
Shoe Salesmen and the Textile Clerks and insists that the only unit
appropriate for collective bargaining purposes consists of all the
employees of its Denver store and warehouse, including selling assist-
ants, supervisors, contract manager, regular extra employees, and em-
ployees of leased departments, but excluding executives, buyers, and
temporary extra employees.
The type of goods handled by the Company's main Denver store 9
is, in general, the same as that carried by any large department store.
However, it sells no furniture, grocery, household furnishings, or
hardware merchandise. The Company leases ' space in three ware-
houses where merchandise stock is stored until it is needed at the store.
In support of its contentions, the Shoe Salesmen points to the
established policy of its International Union to negotiate only one type
of bargaining agreement in a city, covering all employees working
as she salesmen in all stores of that city, even though some stores han-
dle other merchandise in addition to shoes while others sell shoes
exclusively. It also asserts that shoe fitters are more skilled than
textile clerks. It appears that the salary of shoe clerks is somewhat
larger than that of textile clerks 10 and, that the bargaining problems
of those two types of clerks are different.
In view of the fact that the shoe department is distinct from
the other departments of the Company's Denver store and, in fact,
the retail sale of shoes is often operated as a separate business by many
companies, that the duties of shoe salesmen and textile clerks are
substantially different and require different skills, and that the self-
organization of the employees of the Company's Denver ' store has
crystalized in two distinct units, we see no reason for not granting
the request for a unit of the Company's Denver- store employees en-
gaged in handling shoes and findings.
The Textile Clerks seeks to represent in a unit, separate and distinct
from the Shoe Salesmen's unit, the following classifications of em-
IIn addition to its main store, the Company operates an appliance store in South
Denver and a similar outlet in North Denver , selling merchandise such as refrigerators,
radios, stoves , and electrical appliances
10 Shoe salesmen and textile clerks receive approximately $25 and $14 per week
respectively.
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees : sales clerks, librarian, knitting instructress, dressmaker.-
stock clerks, stock boys, stockmen, warehouse stockman, stock maid,
order filler, merchandise wrappers, packers, package collectors, parcel
post clerks, -unit control clerks, markers, office clerical employees,
stenographers, delivery clerks, cashiers, artists, sign writers, window
trimmers, elevator operators, porters, matrons, and telephone opera-
tors. The Company does not urge the exclusion of any of these em-
ployees. We shall include them in the Textile Clerks' unit.
A. The disputed classifications
The Textile Clerks requests that seamstresses and furriers be in-
cluded in its unit but that tailors be excluded. The Company would
include all three classifications of employees. Seamstresses perform
alterations on ladies' clothing and millinery. Furriers alter and
repair furs and are in charge of fur storage. Tailors are engaged
in performing alterations on men's clothing. It is thus apparent
that the duties of these employees are similar. The Textile Clerks
would exclude the tailors for the reason that they are under the
jurisdiction of another organization affiliated with the American
Federation of, Labor and that several, in fact, are members of that
organization. However, the seamstresses and furriers are also eligible
to membership in other labor organizations connected with the Amer-
ican Federation of Labor. We shall exclude the seamstresses, fur-
riers, and tailors from the Textile Clerks' unit.
The Shoe Salesmen and the Textile Clerks would exclude regular
extra employees from their proposed units. The ,Company urges
that such employees be included in the units. As of December 6,
1942, there were approximately 267 regular extra employees listed
on the Company's pay roll introduced into evidence. They are regu-
larly called when additional help is needed. They are distinguished
from the temporary extra employees who are employed infrequently
at rush periods.12 The regular extra employees are carried on the
Company's pay roll along with its permanent employees, are entitled
to a discount on purchases given permanent employees, and are en-
gaged in the same duties performed by the regular employees. We
shall include the regular extra employees in the units.13
"The dressmaker advises customers on the purchase of piece goods and patterns and
in cutting out goods She is not included in the category of seamstress, discussed infra
None of the parties contends that temporary extra employees should be included in
the unit. We find that they are piopeily excluded from the unit.
13,See Matter'of Luckenbach-Gulf Steamship Co. and Nat'l Org Masters, Mates cc Pilots'
of Amemea, Local No.'17, Inc, 25 N. L R. B. 372; Matter of Aluminum Ore Company
and Aluminum Workers Local #22488, affiliated with the American Fede+ation of Labor.
30 N. L It. B. 281 , and cases cited therein.
THE MAY COMPANY 479
The Textile Clerks and the Shoe Salesmen would exclude assistant
buyers from their respective units. The Company urges that they
be included. Assistant buyers are supervised and instructed in their
work by the buyers.14 The assistants perform various duties such
as furnishing merchandise inventories, signing refunds or credit slips
for customers, and approving sales checks. In the absence of the
buyer, the assistant buyer is in charge and directs the employees
immediately under the supervision of the buyer. The assistants also
sell merchandise and are paid somewhat more than clerks. , The Com-
pany contends that 32 of the employees listed on the pay roll as
assistant buyers are more aptly described by the term "selling assist-
ants," inasmuch as these employees are engaged primarily in selling
and secondarily as assistants to the buyers. We are of the opinion,
however, that the duties of the assistant buyers are supervisory in
nature and shall accordingly exclude them from the units.' -
The Textile Clerks would exclude from its unit, and the Company
would include, the following classifications of employees :
Floor managers greet customers, assign them to sales clerks, sign
refund requests, approve sales checks, and read cash registers. The
Company asserts that these employees are really floorwalkers and
do not supervise employees, aside from assigning lunch hours. We
shall exclude floor managers from. the units.
The contract manager spends most of his time outside the store,
in traveling, contacting Denver firms, and selling goods to customers.
We shall exclude him from the Textile Clerks' unit.
Employees of leased departments. The Company leases space for
the operation of shops in its store by' concerns performing specialized
services. The leased departments are as follows : beauty salon, optical
department, watch and jewelry repair, sewing machine, shoe repair,
tobacco shop, photography studio; and hosiery repair. A copy of
the agreement 11, entered into between the Company and the photog-
raphy studio was introduced into evidence and contains the following
provisions: (1) the lessee agrees to buy equipment at his own expense
and to hire necessary personnel," (2) the lessee shall pay 15 percent
of his gross sales to the lessor, (3) the lessor shall allow the lessee
advertising space in its newspaper advertisements, to be paid for in
proportion to size by the lessee, (4) the, studio shall be operated under
14 The parties are in agreement in respect to the exclusion of buyers from the units
The buyers are in charge of all employees in the departments for which they buy \Ve
find that they are properly excluded from the units
u See Matter of Montgomeri, Ward d Co., Incorporated and United Mail Order, Ware-
house and Retail , Emvployees' Union, Local No. 20, affiliated with the C . I. 0, 38 N L It 13
297.
"All the other leases are said to be similar to that introduced in evidence
14
All leased departments apparently hire their own employees subject to the approval of
the personnel department of the store.
448105-42-vol. 39-32
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the supervision of the lessor, who shall have the right to dismiss any
employee for infraction of Company rules, (5) the lessor shall pay
all salaries of the lessee's employees, charging the sum against the
lessee's account,18 (6) all adjustments of complaints shall be made
by the lessor,19 (7) items charged shall be-handled and collected by
the lessor in accordance with its usual credit policy,20 (8) all license
fees or taxes shall be paid by the lessee. The Company-maintains
that it exercises such control and supervision over the employees of-
these departments as well as the services rendered by these depart-
ments that such employees are employees of the Company's Denver
store and should be included in the unit. The Textile Clerks urges
the exclusion ,of such employees for the reasons that they are per-
forming specialized services in most instances and that most of them
are under the jurisdiction of other unions affiliated with the American
Federation of Labor. We shall exclude the employees of all leased
departments from the Textile Clerks' unit.
One nurse is in charge of the first-aid room maintained for the
benefit of the Company's employees. We shall exclude the nurse
from the Textile Workers' unit.
A radio repairman services radios both in and outside the store.
He makes repairs at homes or offices of customers and sells tubes or
other parts needed to repair the radios. We shall exclude the radio
repairman.
A washing-machine repairman services such machines in the cus-
tomers' homes. He sells no merchandise. We shall exclude the
washing-machine repairman from the Textile Workers' unit.
Night watchmen perform the ordinary duties of such employees.
As indicated previously, however, the Textile Clerks requests the
inclusion of other building-service employees, such as matrons,
porters, and elevator operators. We shall therefore include the
watchmen in the Textile Clerks' unit.
One engineer and three employees listed on the pay roll under the
term "maintenance," repair electrical equipment of the store, radi-
ators, plumbing, and the heating system. The engineer directs and
assigns the work to the three maintenance employees. It appears
that these employees are within the jurisdiction of other labor organi-
" The Company pays the salaries of all leased department employees except those of the
tobacco shop, jewelry-repair, and shoe-repair shops, who are paid directly by their
respective departments. The Company of its own initiative may grant leased department\
employees raises or may refuse to give its approval to raises granted by managers of those
departments.
39 The Company states that it is empowered to regulate prices charged if they do not
meet prices of similar shops.
m The Company stands the loss on charge-account items in all leased departments
except those of the sewing -machine department . The charged items from leased depart-
ments are included on the regular bill rendered by the Company with no particular alloca-
tion of part of the bill to show that the amount is due the leased department rather than
the Company.
THE MAY COMPANY 481
zations affiliated with the American Federation of Labor. We shall
exclude the engineer and the three maintenance employees.
Carpenters and painters are employed in maintenance work. The
Textile Clerks disclaims them since they are not within that organi-
zation's jurisdiction. We shall exclude carpenters and painters from
the Textile Clerks' unit.
B. Particular employees in dispute
The Company and the Textile Clerks are in disagreement as to the
supervisory status of certain employees.21 The Textile Clerks would
exclude the employees appearing below on the ground that the nature
of their duties is supervisory in character. The Company requests
their inclusion in the unit.
Henry Lowen is ordinarily employed as assistant to the merchandise
manager in the ready-to-wear office, supervising four or five office
employees. At the date of the hearing he was in charge of the
"ski shack," a department which will be discontinued early in the
year, at which time he will resume his former duties. We shall
exclude Lowen from the Textile Clerks' unit.
Charles Ballard is an assistant to the general merchandise manager.
Ballard obtains information required by the general merchandise
manager and, in addition, supervises employees in special selling
booths on the first floor of the store, promoting seasonal and par-
ticularly attractive merchandise. He does not sell merchandise. We
shall exclude Ballard from the Textile Clerks' unit.
Arthur C. Berkey is the traffic manager, supervising approximately
four employees in the traffic, offices. The department routes the
shipment of merchandise and checks the rates charged for such trans-
portation. We shall exclude Berkey from the Textile Clerks' unit.
Harry Kelley, Sr., is the manager of the receiving room, supervising
from 14 to 30 employees engaged in" opening, checking, and marking
merchandise as it is received at the store. We shall exclude Kelley
from the Textile Clerks' unit.
Herman Schutz has charge of the stockrooms. The Company's
controller testified, however, that there were no employees under
Schutz's supervision. He opens some cash registers in the store each
day and reads the number of transactions, amount of sales, and other
tabulations contained therein. He is listed on the pay roll intro-
duced into evidence as a supervisor. We shall exclude Schutz from
the Textile Clerks' unit.
21 The parties are agreed, and we find, that executives and buyers should be excluded from
the units.
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Joseph Carey is in charge of the delivery force which includes
packers, wrappers, and labelers. His supervision is comparable to
that of an assistant buyer. We shall exclude Carey from the Tex-
tile Clerks' unit.
Louis Waldinain is listed on the pay roll as a supervisor, but the
controller of the Company testified that- Waldman is an assistant
to the advertising manager and is engaged in writing advertisements
and copy and has no authority over other employees. We shall
exclude Waldman from the Textile Clerks' unit.
Harriett Flaherty is the supervisor of the elevator operators. Dur-
ing rush hours she acts as a starter; she sometimes operates ele-
vators. She has authority to recommend ' hiring and discharging.
We shall exclude Flaherty from the Textile Clerks' unit.
Ellen Murphy is the department manager of bookkeepers' accounts
receivable and bookkeepers' customer accounts and supervises clerical
employees. Her authority is similar to that of a buyer. We shall
exclude Murphy from the Textile Cler'ks' unit.
William H. Yates is the collection manager, and supervises the
employees of the collection department. We shall exclude Yates
from the Textile Clerks' unit.
Daniel Sparr supervises the will-call department, personal shop-
ping-service department, and the adjustment office. The Company's
controller testified that Sparr has supervisory authority. We shall
exclude Sparr from the Textile Clerks' unit.
We find that all employees of the Company's Denver store who
are engaged in the handling and selling of shoes and findings, includ-
ing regular extra employees, but excluding temporary extra em-
ployees, supervisors, buyers, and assistant buyers, constitute a unit
appropriate for the purposes of collective bargaining.
- We find that all employees of- the Company's Denver store- and
warehouse, including regular extra employees and night watchmen,
but excluding employees engaged in the handling and selling of shoes
and findings, temporary extra employees, executives, supervisors 2
buyers, assistant buyers, floor managers, contract manager, employees
of leased departments, nurse, radio repairman, washing-machine re-
pairman, engineer and maintenance employees,, carpenters and
painters, tailors, seamstresses, and furriers, constitute a unit appropri-
ate for the purposes of collective bargaining.
We further find that such units will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise will effectuate the policies of the
Act. - -
22 Henry Lowen , Charles Ballard , Arthur C . Berkey, Harry Kelley , Sr., Herman Schutz,
Joseph Carey, Louis Waldman , Harriett Flaherty , Ellen Murphy, William H. Yates, and
Daniel Sparr are excluded from the Textile Clerks' units as supervisory employees.
THE MAY COMPANY
VI. THE DETERMINATION OF REPRESENTATIVES
483
'We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot.
Inasmuch as the unit found to be appropriate for the Textile Clerks
embraces considerably more employees than the unit proposed by
that organization in its petition , we shall entertain a request to with-
draw its petition if the Textile Clerks does not desire to participate
in an election at this time.
None of the parties stated any preference in respect to the-pay roll
to be used for the purpose of determining eligibility to Grote. In
accordance with our usual practice, we shall direct that the persons
eligible to vote in the elections shall be those in the appropriate unit
who were employed during the pay-roll period immediately preced-
ing the date of the Direction of Elections herein, subject to the
limitations and additions hereinafter set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONOLusloNS or LAW
1. Questions affecting commerce have arisen concerning the rep-
resentation of employees of The May Department Stores Company,
doing business as The May Company , Denver, Colorado , within the
meaning of Section 9 ( c) and Section 2 (6) and (7) of the Act.
2. All employees of the Company's Denver store who are engaged
in the handling and selling of shoes and findings, including regular
extra employees , but excluding temporary extra employees , super-
visors, buyers , and assistant buyers, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 ' (b) of the Act.
3. All employees of the Company's Denver store and warehouse,
including regular extra employees and night watchmen , but exclud-
ing employees engaged in the handling and selling of shoes and
findings, temporary extra employees , executives , supervisors, buyers,
assistant buyers, floor managers , contract manager, employees of
leased departments , nurse, radio repairmen , washing-machine re-
pairmen, engineer and maintenance employees , carpenters and paint-
ers, tailors, seamstresses, 'and furriers , constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
Dnuxu D that, as part of the investigation authorized by the
Board to determine representatives for the purposes of collective
bargaining with The May Department Stores Company, doing busi-
ness as The May Company, Denver, Colorado, elections by secret
ballot shall be conducted early as possible, not not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Twenty-second Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and
Regulations among employees in each of the following described
groups who were employed by the Company 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 train-
ing of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause;
(1) Among all employees of the Company's Denver store who are
engaged in the handling and selling of shoes and findings, including
regular extra employees, but excluding temporary extra employees,
supervisors, buyers, and assistant buyers, to -determine whether or
not they desire to be represented by Retail Clerks International
Protective Association, Retail Shoe Salesmen, Local Union No. 420,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining;
,(2) Among all employees of the Company's Denver store and
warehouse, including regular extra employees and night watchmen,
but excluding employees engaged in the handling and selling of
shoes and findings, temporary extra employees, executives, super-
visors, buyers,' assistant buyers, floor managers, contract manager,
employees of leased departments, nurse, radio repairmen, washing-
machine repairmen, engineer and maintenance employees, carpenters
and painters, tailors, seamstresses, and furriers, to determine whether
or not they desire to be represented by Retail Clerks International
Protective Association, Retail Textile Clerks, Local Union No. 454,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
CHAIRMAN MILus took no part in the consideration of the above
Decision and Direction of Elections.