The May Co.

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.