Wieboldt Stores, Inc.

National Labor Relations Board - Board Decisions

Dec 12, 1944

59 N.L.R.B. 857 (N.L.R.B. 1944)

In the Matter of WIEBOLDT STORES, INC. and INTERNATIONAL FUR AND
LEATHER WORKERS UNION, LOCAL 45, AFFILIATED WITH THE C. I. O.
Case No. 13-R-2571.-Decided December 12, 1944
Messrs, Pope & Ballard, by Messrs. Ernest S. Ballard and Walter
1. Deffenbaugh, both of Chicago, Ill., for the Company.
Messrs. Abe Feinglass, Lou Goldstein, and Robert Herbin, all of
Chicago, Ill., for the Furriers.
Messrs. Cassela, Potter & Bentley, by Mr. William H. King, Jr.,
of Chicago, Ill., for the Independent.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
upon a petition duly filed by International Fur and Leather
Workers Union, Local 45, affiliated with the C. I. 0., herein called the
Furriers, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Wieboldt Stores, Inc., Chi-
cago, Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert T. Drake, Trial Examiner. Said hearing was held at Chicago,
Illinois, on October 19, 20, 21, 25, and November 8, 1944. The Com-
pany, the Furriers, and Wieboldt Employees Organization, herein
called the Independent, appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing 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
1. THE BUSINESS OF THE COMPANY
Wieboldt Stores, Inc., an Illinois corporation, is engaged in the'
business of retail selling. For this purpose it operates six department
59 N. L . R. •B., No. 170.
857
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stores, a warehouse, and a general office in the city of Chicago, Illi-
nois , and its suburbs. During the calendar year 1943, the Company
purchased goods, materials, and merchandise valued in excess of
$10,000,000, more than 50 percent of which was obtained from points
outside the State of Illinois. During the fiscal year ending January
31, 1944, the net retail sales of the Company approximated $37,000,000,
of which about 1/2 of 1 percent represents the value of sales shipped to
points outside the State of Illinois.
The Company operates a fur storage department and fur work
room in one of its stores. For the year ending January 1944 the fur
work room used materials, consisting of findings, skins, linings, and
materials for cleaning valued at approximately $17,700, of which ap-
proximately $4,200 represents the value of such items obtained from
points outside the State, of Illinois.
As hereinafter noted, the Furriers seeks a unit confined to employ-
ees in the Company's fur work room. The Company contends that
its .fur work room and storage department are not engaged in com-
merce within the meaning of the National Labor Relations Act; that,
for this reason, the activities of the employees of the fur work room
alone are not subject to the jurisdiction of the Board; and that the
data pertaining to the complete operations of the Company as a whole
are irrelevant to this proceeding. We find this line of reasoning to be
without merit,' and we further find that the Company is engaged in
commerce within the meaning of the Act.2
II. THE ORGANIZATIONS INVOLVED
International Fur and Leather Workers Union; Local 45, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company. -
Wieboldt Employees Organization is an unaffiliated labor organiza-
tion admitting to membership employees of the Company.
III. THE ALLEGED , APPROPRIATE UNIT
The Furriers seeks a unit comprised of all fur repair and service
employees of the Company, including cutters, operators, nailers, fin-
ishers and assistants, but excluding clerical and office employees, su-
pervisors , and all other employees of the Company. Both the Com-
pany and the Independent contend that only a company-wide unit is
appropriate.
As hereinbefore noted, the Company's operations are divided among
six department stores, a warehouse, and a general office. The Com-
Matter of Enid Cooperative Creamery Association, 58 N L. R. B. 592.
$ See J. L. Brandeis & Sons. v. N. L. R. B., 142 F . ( 2d) 977 ( C. C. A. 8 ), cert. denied Oc-
tober 16, 1944.
WIEBOLDT STORES, INC. 859
pany's only fur work room, wherein the employees sought by the Fur-
riers are engaged, is located at one of the department stores. Prior
to 1938, the fur work room was operated by a concessionaire. How-
ever, since that time, the employees engaged therein have been Com-
pany employees. The work room occupies a space approximately
100 feet square adjacent to a fur storage vault wherein fur garments
are stored. Within the same general area of the work room are the
desks of clerical employees who perform miscellaneous duties con-
nected with fur storage and the work room. The activities of the
work room constitute a service supplied by the store to customers
using the fur storage facilities or who have purchased fur coats, and
the employees engaged therein perform no manufacturing operations.
Many of the employees engaged in the fur work room and in the fur
storage section are seasonal workers.
In 1933, the Company recognized the Independent as the collective
bargaining representative of its employees in a company-wide unit.
Excluded from this unit were employees engaged as operating en-
gineers, electricians, butchers, and plumbers,3 as well as managerial
employees. However, employees such as carpenters, painters, laundry
workers, bakers, cooks, men's clothing workers and women's clothing
workers, groups of employees who are often represented as members
of separate bargaining units, were included within the unit repre-
sented by the Independent. In 1938, the Company and the Independ-
ent signed a collective bargaining agreement setting forth the rela-
tionship between them. This agreement is presently in effect, as
amended by supplements, amendments, and additions to the original
document. It covers all employees of the Company except managerial
employees, employees on the pay roll of the Company for less than 60
days, and employees who, in 1938, were members of other labor or-
ganizations recognized by the Company at that time. The agreement
provides that wages and hours of work shall be set forth in attached
schedules which the parties refer to as "Article XII." There have been'
approximately 50 such "Article XIIs" agreed upon between the parties
and reduced to writing since the execution of the 1938 contract which
regulate the wages and hours of specific departments or groups of
employees.
Although no specific "Article XII" covering the employees in the
unit proposed by the Furriers was consummated by the parties until
July 19, 1944, all general provisions of the 1938 agreement applied and
still apply to these employees. On May 20, 1940, the parties reached
an oral agreement with respect to wages and conditions of work of
the employees engaged in the fur vault and work room.4 On May 29,
8 These four groups of employees were represented by labor organizations whose collective
bargaining relationship with the Company antedated 1933.
The rates agreed upon have been adjusted from time to time by oral agreement between
the parties.
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company wrote the Independent, confirming the agreement reached
on May 20, "relative to your membership in the fur work room and
drapery work room," and stating that it would not enter into a written
Article XII incorporating the agreement of May 20 because of the
seasonal variations in employment therein. In 1942, the parties agreed
that the fur work room employees should be eligible,for wage dividends
under the Company's profit-sharing system. In the same year, the
parties agreed upon a formula for paid vacations for these employees.5
In the following year, the Independent took up the question of ad-
justments in the wages of employees of the fur work room. On April
28, 1944, the parties agreed upon rates of pay for the drapery work
room employees, and in June, a similar agreement was reached with
respect to the fur work room employees. These agreements were in-
corporated into an "Article XII" on July 19.6 Thereafter, on July 26,
the parties filed a joint application with the National War Labor Board
seeking an increase in the wages of certain fur work room employees,
which wa`s approved by that agency on October 16.' Employees of
the fur work room have been members of the Independent for many
years. In fact, the Company and the Independent agreed upon a vol-
untary check-off system which could be canceled by the employee at
any time 8 and employees of the fur work room authorized the Com-
pany to deduct Independent dues under this system.9
The, foregoing facts clearly indicate that, since 1938, the fur work
room employees were considered by both the Company and the Inde-
pendent as part of the collective bargaining unit represented by the
latter, and that, since that time, such employees were actually repre-
sented by the Independent for the purposes of collective bargaining.
In view of the long history of collective bargaining during which
the employees sought by the Furriers were represented as part of a
company-wide unit, we find that the unit sought by the Furriers is
5In February 1942 the parties also executed Amendment 7 to the 1938 agreement which
eliminated peak week provisions for non-selling departments , including the fur work room.
6 The delay in executing the "Article XII" was caused , according to undisputed testi-
mony, by the absence of signatories who were on vacation. ,
7 The record indicates that neither the Company nor the Independent was aware of the
organizational activities of the Furriers until July 24
Article VI of the 1938 agreement.
The following chart indicates the number of employees in the fur work room and the
number of employees who paid dues to the Independent under the voluntary check-off
system : Number of employees
Number of employees authorizing the collec-
Dated in fur work room tion of dues
November 25, 1939------------------- 6 4
October 17, 1940--------------------- 5 3
December 20 , 1941------------------- 13 2
October 10, 1942--------------------- 17 2
October 21, 1944--------------------- -- 3
WIEBOLDT STORES, INC. 861
inappropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act 10
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as indicated in Section III, supra, the bargaining unit sought
by the Furriers is inappropriate for the purposes of collective bar-
gaining, we find that no question affecting commerce has arisen con-
cerning the representation of employees of the Company in an ap-
propriate unit. Accordingly, we shall dismiss the petition.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation 'and
certification of representatives of employees of Wieboldt Stores, Inc.,
Chicago, Illinois, filed by International Fur and Leather Workers
Union, Local 45, is affiliated with the Congress of Industrial Organiza-
tions, be, and it hereby is, dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.
10 See Matter of L Bambetger & Company, 58 N L. R. B. 144