The Wickes Corp.

National Labor Relations Board - Board DecisionsFeb 5, 1973

201 N.L.R.B. 615 (N.L.R.B. 1973)

WICKES FURNITURE 615 Wickes Furniture , a Division of The Wickes Corpora- tion and Chicago Truck Drivers , Chauffeurs and Helpers Union of Chicago and Vicinity (Ind.), Petitioner. Case 13-RC-12780 February 5, 1973 DECISION ON REVIEW AND ORDER On August 9, 1972, the Regional Director for Region 13 issued a Decision and Direction of Elections in the above-entitled proceeding in which he found appropriate, and directed elections in, separate collective-bargaining units of warehouse personnel at the Employer's Harvey, Illinois, and Itasca, Illinois, retail furniture stores. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, the Employer filed a timely request for review, contend- ing that only storewide units of selling and nonselling employees are appropriate, and that the Regional Director's Decision is factually erroneous and constitutes a misapplication of relevant Board precedent. On September 6, 1972, by telegraphic order, the request for review was granted. The Board has reviewed the entire record in this case with respect to the issues under review and makes the following findings: The Petitioner seeks a unit of warehouse employees at the Employer's Itasca, Illinois, and Harvey, Illinois, retail furniture stores. Alternatively, the Petitioner would accept a separate unit of warehouse employees at each store. The Employer contends that only storewide units which include selling and nonselling employees are appropriate, and that the unit or units sought by the Petitioner are therefore inappropriate. Each store is housed in a single one-story building, of which the front two-thirds is a warehouse and the rear one-third is a showroom separated from the warehouse by a firewall. Upon entering the store, customers proceed through the warehouse area, which includes a customer lounge, stored merchan- dise, and loading and delivery platforms. They then proceed to the showroom area, which includes the display department, where accessories are kept, furniture is displayed, and selling is performed. Adjacent to the showroom area are front offices, where office clerical employees consummate the sales ; and main offices, occupied by managerial and bookkeeping staffs. Warehouse employees classified as warehousemen receive, load for shipping, unload, and store mer- chandise; bring such merchandise into the show- room, pick items for customers, and assist them in loading their cars. They also regularly pick items for the showroom floor, move them there, and assist display personnel and salesmen in setting up dis- plays. Salesmen and display employees may also assist warehouse employees in locating goods in a particular display and in moving and placing furniture. Salesmen may also occasionally accommo- date customers by checking on and handling their "will-call" items in the warehouse, and warehouse- men may likewise accommodate customers by entering the showroom area to obtain floor samples as substitutes for damaged items they might have received, or interest customers in purchasing alterna- tive items. The refinishers generally work in a separate room in the warehouse area, refinishing furniture, but may, at salesmen's requests, do minor repairs on furniture in the showroom area. The warehouse clerical employees handle the paperwork involved in receiv- ing, scheduling, and storing deliveries and work with both customers and warehousemen in scheduling the pulling of goods for customers. They have regular frequent work contact with office clerical employees and salesmen. The custodial employees clean both the showroom and warehouse areas, but on occasion assist in loading, unloading, and picking merchan- dise and have assisted warehousemen in setting up displays. The above-described warehouse employees are under separate immediate warehouse supervision and do not transfer to other departments. On the other hand, all of the Employer's employees work inside a single one-story building, work the same hours, punch the same timeclock, use the same lounge, and have the same benefits,' and warehouse employees make daily contacts with showroom employees, including salesmen and display employ- ees. Salesmen and warehousemen together partici- pate in occasional dock sales . There is no bargaining history for the employees at the Employer's stores. The stores involved in this proceeding and their operation are similar to the store involved in Wickes Furniture, a Division of The Wickes Corporation, 201 NLRB No. 62, in which we found a unit of warehouse employees to be inappropriate and the appropriate unit to be the storewide unit, on the ground that the fragmentation of employees into a separate unit on such basis is not warranted under the circumstances shown. In our view, the proposed units do not meet the standards for separate warehouse units enunciated by the Board in A. Harris & Co., 116 NLRB, 1628, since the employees sought are not geographically separated from the I The salesmen alone receive a commission. 201 NLRB No. 67 616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD retail store operations and are engaged in activities substantially integrated with other store functions.2 Accordingly, we conclude as in the Wickes case, supra, that the appropriate unit is the storewide unit. As no labor organization seeks to represent this unit, we shall dismiss the petition.3 ORDER MEMBERS FANNING and JENKINS , dissenting: For reasons set forth in our dissent in Wickes Furniture, a Division of The Wickes Corporation, 201 NLRB No. 62, we would affirm the Decision of the Regional Director herein , which finds appropriate, and directs elections in, separate units of warehouse employees at the Employer's Itasca and Harvey, Illinois , retail furniture stores. It is hereby ordered that the petition herein be, and hereby is, dismissed. 2 See also Levitz Furniture Company of Santa Clara, Inc, 192 NLRB No. 3 In view of our holding we find it unnecessary to consider the parties' 13; Sears, Roebuck and Co., 191 NLRB No. 84; Consolidated Supply Co, Inc. other unit contentions. and its successors Consolidated Supply of Madison, Inc., 192 NLRB No. 134.