Sears, Roebuck & Co.

In the Matter of SEARS, ROEBUCK &. Co. and WAREHOUSE EMPLOYEES UNION #322 TRUCK DRIVERS & HELPERS UNION #592 Case No. 5-R-149.-Decided March 6,191,p4 Mr. R. D. Hooke, of Chicago, Ill., for the Company. Mr. Russell Brawn and Mr. L. G. Lane, of Richmond, Va., for the Unions. Mr. William Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Warehouse Employees Union #322 and Truck Drivers & Helpers Union #592, locals of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL, herein called the Unions, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Sears, Roebuck & C9., Richmond, Virginia, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held at Richmond, Virginia, on Febru- ary 8, 1944. The Company and the Unions appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 I. THE BUSINESS OF THE COMPANY Sears, Roebuck & Co., a New York corporation, operates numerous retail stores, mail order plants, and factories throughout the United States. We are here concerned only with its warehouse and retail store at Richmond, Virginia. During its 1942 fiscal year, the Company 55 N. L. R B, No. 49. 278 SEARS, ROEBUCK & CO. 279 received materials and merchandise at its Richmond warehouse and store valued in excess of $500,000, about 95 percent of which was shipped from sources outside the State of Virginia, and about 1 per cent of its sales during the same period was made to customers out- side that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Warehouse Employees Union #322 and Truck Drivers & Helpers Union #592, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Unions as the exclusive bargaining representatives of certain of the Company's employees until the Unions have been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Unions represent a substantial number of employees in the unit hereinafter found appropriate.' 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 We find, in substantial agreement with a stipulation of the parties, that all warehousemen, truck drivers and helpers, markers, stockmen, order checkers, shopmen, receiving and utility employees at the Com- pany's warehouse at 13th and Canal Streets, Richmond, Virginia, excluding the warehouse manager, assistant manager (head shipper), clerical employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 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- 1 The Field Examiner reported that the Unions submitted 24 membership application cards all of which bore apparently genuine original signatures ; that the names of 13 per- sons appearing on the cards were listed on the Company 's pay roll of Decembeer 10, 1943, which contained the names of 27 employees in the alleged appropriate unit. 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 direction., DIRECTION OF ELECTION' By virtue of and pursuant to the power vested in the,National Labor, Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby . DIREcTED that, as part of'the investigation to ascertain _representa tives •for the purposes of collective bargaining with Sears, Roebuck & Co.,-13th; and Canal Streets, Richmond, Virginia, 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 Ae Regional Directof'for the Fifth Region, acting in this matter,as, agent for the National Labor Relations Board, and subject,to,•Article III, Sections 10 and 11, of said Rules and Regula- tions, among the employees in the unit found appropriate in Section, IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll, period because they were ill, or on,vacation, or temporarily laid off, and including employees in the armed forces, of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been.rehired or reinstated prior to the date of, the election, to determine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, Warehouse- men:and Helpers of-America, Locals,#592 and #322,2 for the`purposes of collective bargaining. Decision and Direction' of Election. The'tnions wish to be so designated on the ballot. f MR. JOHN M. HouSTON took no part in the consideration of the above