A. Z. Hat-Co.

In the Matter of ALEx ZUKOFF, AN INDIVIDUAL, DOING BUSINESS UNDER THE NAME OF A. Z. HAT CO. and WHOLESALE AND WAREHOUSE WORKERS UNION, LOCAL 65, C. 1. 0. Case No. R-8900 (2-R-3937).-Decided October 25, 1943 Mr. Frederick R. Livingston, for the Board: Mr. Ales, Zukoff, of New York City, for Zukoff. Mr. Irving Lebold, of New York City, for the C. I. O. Mr. Murray Gurtman and Markewich, Rosenhaus & Markewich, by -Mr. Irwin Panken, of New York City, for the A. F. of L. . Mrs. Augusta Spaulding; of counsel to the Board. DECISION AND ORDER STATEMENT, OF THE CASE Upon petition duly filed by Wholesale and Warehouse Workers Union, Local 65, affiliated with the Congress of Industrial Organiza- tions, herein called the C. I. 0., alleging that a question affecting com- merce had arisen concerning the representation of employees of Alex Zukoff, an individual, doing business under the name of A. Z. Hat Co., New York City, herein called Zukoff, the National Labor Relations Board provided for an appropriate hearing upon due notice before William F. Guffey, Jr., Trial Examiner, Said hearing was held- at New York City on August 26, 1943. The Board, Zukoff, the C. I. 0., and Joint Board of Millinery Workers Union, Local 90, affiliated with the American Federation of Labor, herein called the A. F. of L., ap- peared, 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 hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: 53 N. L. R B, No. 11. , 58 A. Z. HAT CO. FINDINGS, OF FACT 1. THE BUSINESS OF ZUKOFF 59 Alex Zukoff, an individual, doing business under the name of A. Z. Hat Co., is engaged in the wholesale sale and distribution of ladies' hats. He has his principal office and place of business at New York City. In the operation of his business, Zukoff purchases hats and mil- linery. During the year 1942, the value of such purchases exceeded $15,000, approximately 25 percent of which represented products shipped to New York City from points outside the State. During the same period, Zukoff sold hats and millinery valued in excess of $25,000, over 50 percent of which represented merchandise sold and shipped by Zukoff to points outside the State. Zukoff admits that he is engaged in commerce, within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Wholesale and Warehouse Workers Union, Local 65, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of Zukoff. Joint Board of Millinery Workers Union, Local 90, is a labor or- ganization affiliated with the American Federation of Labor, admit- ting to membership employees of Zukoff. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION For a time preceding January 1943 Zukoff was a member of The New York Association of Wholesalers of Ladies' and Children's Hats, Inc., herein called the Association' With other members of the As- sociation, Zukoff recognized the A. F. of L. as bargaining representa- tive of his shipping employees, and contracted with the A. F. of L. on their behalf. In or about January 1943, Zukoff resigned his mem- bership in the Association. The contract between the members of the Association and the A. F. of L. terminated on February 15, 1943. Zukoff did not thereafter enter into any contract with the A. F. of L. concerning his employees. In the spring of 1943 the C. I. O. asked Zukoff for recognition as exclusive bargaining representative of his employees. Zukoff refused to grant such recognition since the A. F. of L. also claimed to represent them. 3 See Matter of The New York Association of Wholesalers of Ladies' and Children's Hats, Inc., decided this day, 53 N. L. R. B. 38. 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The C. I. O. contends that all employees of -Zukoff except the book- keeper constitute an appropriate bargaining unit. The A. F. of L. would restrict the bargaining unit to shipping employees. Zukoff maintains a store for the sale of millinery at wholesale in New York City. A space is set aside on the main floor for the office; a balcony is used for storage purposes; and facilities for shipping are in the basement. Zukoff regularly employs 4 to 5 persons through- out the year, and additional employees during the rush seasons. Among the persons regularly employed are two salesmen, a shipping clerk, and a bookkeeper.2 In April 1943, the shipping clerk, and in June and in August 1943, respectively, the two salesmen left Zukoff's employ. Up to the time of the hearing none of these persons had been replaced and a bookkeeper was the only employee on Zukoff's pay roll. She assists Zukoff generally in the conduct of his business, and manages the store unaided during his temporary absences. The C. I. O. contends that the bookkeeper is acting as an assistant man- ager, and should therefore not be included in a bargaining unit of non-supervisory employees.- We find it unnecessary to determine the status of the bookkeeper in this proceeding. We have decided in previous proceedings that the certification of a representative for a bargaining unit of one employee is not within the policy of the Act.3 Zukoff presently employs a bookkeeper and no other persons. Under these circumstances, we find that no ques- tion exists concerning the representation of employees of Zukoff, and we shall dismiss without prejudice the petition filed in this proceeding. ORDER IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Alex Zukoff, an individual, doing business under the name of A. Z. Hat Co., New York City, filed by Wholesale and Warehouse Workers Union, Local 65, C. I. 0., bo, and it hereby is, dismissed. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Order. 2 The C. I. O. submitted evidence to indicate that it represented 2 of 4 employees listed an the pay roll of May 15, 1943. "Matter of Luckenbach Steamship Company, Inc, et al., 2 N L R B. 181, 193; Matter of H. Rosenlursch Company, 38 N L R B 619. 11