Wraight's, Inc.

In the Matter of WRAIGHT'S, INC., EMPLOYER and ELLEN M. LAWTON AND DOROTHY IRENE GRATER, EMPLOYEES , PETITIONERS and RETAIL CLERKS UNION, LOCAL No. 1439, AFFILIATED WITH RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL, UNION Case No. 19-RD-16.-Decided January 7, 19/9 DECISION AND DIRECTION OF ELECTION Upon a decertification petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioners, employees of the Employer, assert that the Union is no longer the representative of the Employer's employees as defined in Section 9 (a) of the Act. The Union was recognized by the Employer as exclusive bargaining representative of its employees in a collective bargaining agreement signed on December 8, 1947. When this contract was terminated by appropriate notice, the Employer entered into negotiations with the Union for a new contract. The Employer currently continues to recognize the Union as bargaining representative of its employees. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees constitute an appropriate unit for pur- poses of collective bargaining, within the meaning of Section 9 (b) of the Act : ' Chairman Herzog and Members Houston and Reynolds. 81 N. L. R. B., No. 10. 65 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All employees at the Employer's Spokane, Washington, store, in- cluding maintenance employees and floorwalkers,) but excluding man- agers, lunchroom and kitchen employees, buyers, guards,' and all supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Nineteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargain- ing, by Retail Clerks Union, Local No. 1439, affiliated with Retail Clerks International Association, AFL. 2 The record discloses that the Employer's floorwalkers spend approximately half their time in selling, and have no authority to hire , discharge , or make effective recommenda- tions concerning personnel action as to other employees Their only exercise of authority consists in arranging for the replacement of a sales clerk who Is required to be temporarily absent front her station . We find that the floorwalkers are not supervisors within the meaning of the Act, and shall include them in the unit. Matter of J. M. High Company, 78 N L R B 876, Matter of Denier Dry Goods Company, 74 N. L R B. 1167; Matter of Loins Ptzttz Dry Goods Company, 71 N I. R B. 579. At the time of the filing of the petition herein , Ellen Lan ton , one of the Petitioners. temporarily occupied the position of one of the floorwalkers who was on vacation. Al- though it is our practice not to entertain a decertification petition filed by a supervisor, we need not, in view of our determination as to the floorwalkers , determine whether this petitioner is a floorwalker Cf. Matter of Clyde J. Merris, 77 N. L. R. B. 1375. We find that, in any event , she is not a supervisor within the meaning of the Act. 2 The parties agreed at the hearing to exclude janitors from the unit . The record con- tains no sufficient basis for such exclusion, other than a suggestion that the janitors may perform some duties as watchmen or guards . If, in fact, the janitors spend 50 percent or more of their time as watchmen , they shall be deemed to be excluded as guards within the meaning of the Act. Matter of C. V Hill and Co , Inc, 76 N. L. R. B. 158 ; Matter of Radio Corporation of America, 76 N. L. R. B 826. Otherwise , they shall be included as maintenance employees u ithin the unit