The Richman Brothers Co.

In the Matter of THE RICHMAN BROTHERS Co. and UNITED RETAIL, WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA, LOCAL 174, C. 1. 0. Case No. 1.3-R-2625.-Decided November 17, 1944 Mr. Leo Mann, of Milwaukee, Wis., for the Company. Mr. Harry Virgil, of Milwaukee, Wis., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Retail, Wholesale and Depart- ment Store Employees of America, Local 174, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of The Richman Brothers Co., Milwaukee, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing was held at Milwaukee, Wisconsin, on October 18, 1944. The Company and the Union 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 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 The Richman Brothers Co. is an Ohio corporation with its prin- cipal office at Cleveland, Ohio. It operates a plant at Cleveland, Ohio, where it is engaged in the manufacture of men's clothing, and 60 retail stores throughout the United States, -where it is engaged in the sale and distribution of men's clothing and men's furnishings. We are 59 N. L. R. B., No. 73. 339 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD here concerned with its store at Milwaukee, Wisconsin. From October 2, 1943, to September 30, 1944, the Milwaukee store received men's clothing valued at about $645,241 from the factory at Cleveland, Ohio. During the same period the Milwaukee store shipped clothing to the ,factory at Cleveland, Ohio, valued at about $9,382. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED. United Retail, Wholesale and Department Store Employees of America, Local 174, is a labor organization affiliated with the Congress 'of Industrial Organizations , admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 12, 1944, the Union requested the Company to recog- nize it as the exclusive collective bargaining representative of the employees at the Milwaukee store. The Company refused this request until such time as the Union is certified by the Board. ' A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees in the Union hereinafter found to be appro- priate.l 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 urges that all employees at the Milwaukee store of the Company, excluding the assistant store manager and employees in the .tailor shop who work under an oral agreement between the Company :and Amalgamated Clothing Workers of America, constitute an ap- propriate unit. The Company contends that its employees at Mil- waukee should be set up as two separate bargaining units, one com- posed of selling employees, and the other of non-selling employees. The only other controversy with respect to the unit concerns the -assistant store manager. The unit requested by the Union consists of employees directly -con- cerned with sales or who perform services incidental thereto, and general maintenance employees. The non-selling employees are por- I The Field Examiner reported that the Union submitted 9 membership application cards. There are approximately 18 employees in the appropriate unit, THE RICHMAN BROTHERS CO. 341 ters, cashiers, elevator operators, and desk wrappers. The duties of all the employees are closely related in the retail operation of the store and all of them are under the direct supervision of the store manager. We conclude that a single unit of selling and non-selling employees is appropriate. The assistant store manager spends about 95 percent of his time selling merchandise, and the record indicates that he has no authority effectively to recommend changes in the status of any of the employees. Accordingly, we shall include him in the unit. We And that all employees at the Milwaukee, Wisconsin, store of the Company, including the assistant manager, but excluding em- ployees in the tailor shop, the store manager, and any other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute 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 means of an election by secret ballot among the employees 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. The Company employs two salespersons, Conrad and Selzer, on a part-time basis. They work from 12 to 15 hours per week; Conrad has been with the Company for 12 years and Selzer intermittently for the past 3 years. They are compensated on the same basis as the regular salesmen. We conclude that Conrad and Selzer are eligible to vote in the election inasmuch as they work a sufficient number of hours to have a real interest in the choice of a bargaining repre- sentative. The Company annually employs part-time help for the Christmas holiday season. We find, in agreement with the parties, that such employees are ineligible to vote in the election. 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Richman 342 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD Brothers C'o.,,Milwaukee, Wisconsin, an election by secret ballot shall be conducted as early as posible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth 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 Regulations, 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 any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by United Retail, Wholesale and Department Store Employees of America, Local 174, C. I. 0., for the purposes of collective bargaining.