The J. L. Hudson Co.

In the Matter of THE J. L. HUDSON COMPANY and UNITED RETAIL, WHOLESALE ' AND DEPARTMENT STORE EMPLOYEES OF AMERICA, -(C. 1. 0.) Case No. R-51,06.-Decided April 29, 1943 BealumoRt, Smith cC Harris, b^'Mr. Albert E. Meder, of Detroit, Mich., for-the Company. Messrs. Tucker P. Smith and Frai,d; Achterkirch, of Detroit , Mich., for the Union. Mr. Robert S'ilagi, of counsel to the Board. • DECISION AND DIRECTION' OF ELECTION STATEMENT OF THE CASE JUpon' a petition dilly filed by United Retail, Wholesale and Depart- ment Store Employees of America (C. I. 0.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The J. L. Hudson Company, Detroit. Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert J. Wiener, Trial Examiner. Said hearing was held at Detroit, Michigan, on April 7, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to exam- ine`and cross-examine witnesses, and to introduce evidence bearing on the issues.' During the hearing the Company made three motions to dismiss the petition on which the Trial Examiner reserved ruding. The Company first moved to dismiss on the ground that the Board lacked jurisdic- tion and because the matter oft jurisdiction over the Company was pending before the Circuit Court of Appeals for the Sixth Circuit in consolidated cases involving unfair labor practices.2 A second motion 1At.the hearing the Union waived its rights to file any protest,to an election, if ordered based'upon certain pending charges of unfair labor practices - 2Matter of The J. L. Itudson Company and United'`Retail, Wholesale and Department 'Store Employees, C. I. 0.; Matte' of The J. L. Iiudson Company and Fred L. Young, 42 N. L. R. B. 536. 49 N. L. R. B., No. 32. 273 i 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was made to withhold the decision in the instant case until the juris- dictional issue had been finally determined. On April 15, 1943, the Circuit Court of Appeals issued its decision upholding the Board's jurisdiction.3 Accordingly, the above motions are denied. The third motion to dismiss was made on the ground that the unit petitioned for-was not appropriate. For reasons appearing in section IV, infra, the motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On April 13 and 15, respectively, the Company and the Union filed briefs which the Board has considered. On April 16, the Company filed a reply brief which the Board has also considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 4 1. THE BUSINESS OF THE COMPANY 0 The J. L. Hudson Company, a Michigan corporation having its principal offices in Detroit, Michigan, is engaged in the purchase and resale of various types of goods and commodities, eta retail department store in Detroit. During the fiscal year ending J;iuuary 31, 1942, the Company purchased goods at a cost of approximately $43,000,000, more than 80 percent in value of such goods being shipped to Michigan from points outside the State of Michigan. During the same period, the total sales of the Company were in excess of $71,000,000, 1 and b/ U percent in value being shipped to customers ,outside of the State of Michigan. During the' salve period, the Company's sales through its mail-order department were in excess of $500,000, approximately 15 percent in value being made to cnstoulers outside the State of Michigan. The Company uses several interstate common carriers to import and export goods from and to points outside the St'ate'of Michigan. Dur- ing the same fiscal period, the Company advertised its business and merchandise through newspapers, periodicals, radio, and direct mail at a cost,in excess of $1,500,000. Several of said newspapers'and pe- riodicals are published outside the State of Michigan, and each of said radio stations has a coverage of and carries advertising to several States other than the State of Michigan. We find, contrary to its contention, that the Company is engaged in commerce,' within the meaning of the National Labor Relations Act. S National, Labor Relations Board v. The J. L. Hudson Company, decided April 15, 1943, - F (2d), - (C. C. A. 6). 4 The parties stipulated that the Board's findings relating to the business of the Com- pany, as stipulated in a prior case (see footnote 2) may be made part of the record In the instant matter. THE J. L. HUDSON COMPANY II. THE ORGANIZATIONS INVOLVED 275 United Retail, Wholesale and Department Store Employees 'of' America, affiliated with the Congress of Industrial Organizations, 'is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION , The Company has refused to grant the Union recognition as the exclusive^bargaining representative of the employees of the Company employed in the Cabinet and Finishing Department, until the questions of the Board's jurisdiction have been settled. V - . 1 ; A statement of the Regional Director, introduced into-evidence' at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.b We find that a 'question affecting commerce has-arisen concerning the representation of employees of the Company, within the meaning of Section '9 (c) and Section 2 (6)' and (7) 'of the Act. IV. THE APPROPRIATE UNIT The Union seeks a unit confined to-employees of the Cabinet and" Finishing Department No. 20090, whereas the Company contends that a company-wide unit is appropriate. The employees,sought by the Union are skilled craftsmen who practice the trades of paint spraying, cabinet making and furniture finishing and polishing. They work on the third and sixth floors of the Company's warehouse which is situ- ated about 5 blocks away from the Company's store. Employment in' this department has been unusually stable, transfers in, and out occur- ring infrequently., These men receive from $43.00 to $48.00 per week and are among the highest paid non-supervisory, non-professional employees of the Company. On occasion their work takes them into various departments of the store and into customers' ,homes to repair and finish furniture. As a general rule, however, the furniture is brought to their workshop in the warehouse. ' +V The Company attempted to demonstrate that the Cabinet and Fin- ishing Department employees do not constitute an homegeneous group. The Union admits that'these employees help to crate, uncrate, and set up furniture, 'all unskilled operations usually performed by stock clerks. The record shows, however, that these jobs are done as over- time after the regular day's work is completed, and are performed 0 The Regional Director reported that the Union submitted 25• application cards, 20 of which bore apparently genuine original signatures ; that the names of-18 persons whose apparent signatures appeared on the cards were , listed on the Company's pay roll of March' 22, 1943, which contained the names of 33 employees in the appropriate unit; that 17 cards were dated in 1943 and 1 card was undated 531647-43-vol. 49-19 - . ' 276 D'EiO1SIONS OF' NATrIONAL LABOR 'RELATIONS BOARD under the supervision of Cabinet and Finishing Department foremen. Moreover, the practice of using skilled craftsmen to-do unskilled labor is of an emergency nature and is of recent origin, dating from the time the shortage in manpower made itself felt in Detroit. Foremen in the Cabinet and Finishing Department supervise no employees other than those in their own department. The Company contends that the department number is merely a bookkeeping designation. The Union contends that the department has a separate number for other reasons as well. In any event,, it is apparent that the Cabinet and Finishing Department employees consider their department to be separate and distinct from all others, that they work exclusively on cabinet.making and finishing furniture and we therefore find that they constitute a clearly identifiable, homogeneous unite The general superintendent of the Company testified that the Com- pany has 8,118 employees working in 302 different departments,,each of which employs from 1 to 300 employees. From this the Company, argues, that if the Board should,find a single department containing 33 employees to be appropriate, it'would follow that a separate unit for each department would be set up, with attendant confusion and chaos. In- another case involving the'same parties' we considered and're- jected this contention.8 The Company admits that it has had no bar- gaining relations with any labor organization and has not extended recognition to any labor organization for any unit 'of its employees; nor is there evidence of any other group of employees, with the possible exception of the. elevator operators, contemplating organization,: or desiring an 'election. Under such circumstances a company-wide unit is hot appropriate,at the present time. The parties agree and we find that McNaught, Fenton and May are supervisory employees and are excluded from the unit. We find that. all paint,sprayers, cabinet makers and furniture finishers employed on the third and sixth floors of the Company's warehouse No. 1, exclud- ing supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among,the em- Cf Matter of Lane Bryant, Inc and Department Store Employees' Union Local 291, United Retail, Wholesale and Department Store Employees of America (C 1. 0.), 42 N. L. R. B 218. - 7Matter of The J L. Hudson.Conipany and,United,Retail, Wholesale; and Department Store Employees of Ameiicd (0I 0 ), 46 N L. R B 252. , See Matter of Marshall, Field & Company and Local 291, United Retail, Wholesale and Department Store Employees of America (C I. 0), 35.N. L. R B. 1200; also Matter of Marshall Field & Company and Department Store, -Loft and Factory Building Service Employees' Council of the Building Service Employees' International Union (A. F of L.), 36 N L. R. B. 748. - THE J. L. HUDSON COMPANY 277 ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Election herein;. subject to the limitations and additions set forth in the Direc- tion. • . . DIRECTION OF ELECTION By virtue of and pursuant-to the power vested in the National La- bor Relations Board by Section 9 (c) of the National Labor Relations At, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules'and Regulations= Series. 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with The J. L: Hudson Com- pany, Detroit, Michigan, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10', of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, *ho were employed during the pay- roll period-immediately preceding the-date of this Direction, includ- ing employees, who did not work during said pay-roll period because' they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- selves in person at, the polls, but excluding those employees who have since,quit or been discharged for cause, to determiNe whether or not' they desire to be represented by United Retail, Wholesale and Depart- ment Store Employees of America,,afTiliated with the Congress of In- dustrial Organizations, for the purposes of collective ,bargaining.