Times Square Stores Corp.

In the Matter of TIMES SQUARE STORES CORPORATION , EMPLOYER and RETAIL CLERKS INTERNATIONAL ASSOCIATION, A. F. of L., PETI- TIONER Case No. 2-RC-532.Decided January 25, 1949 DECISION AND DIRECTION Pursuant to a Stipulation for Certification upon Consent Election executed on July 21, 1948, by the Employer and the Retail Clerks International Association, A. F. of L., herein called the Petitioner,' an election by secret ballot was held on July 22, 1948, under the direc- tion and supervision of the Regional Director for the Second Region in a unit composed of office and clerical employees at the Employer's main office. As discussed below, Wholesale and Warehouse Workers Union, Local 65, herein called Local 65, also claimed to represent the employees. However, it could not appear on the ballot because it was not in compliance with the filing requirements of Section 9 (h) of the Act. The A. F. of L. was the only union appearing on the ballot. Upon the conclusion of the election, a Tally of Ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The Tally showed that the votes were distributed as follows : Approximate number of eligible voters----------------------- 64 Void ballots------------------------------------------------ 0 Votes cast for Retail Clerks International Assoc., AFL--------- 21 Votes cast against participating labor organization ----------- 3 Valid votes counted----------------------------------------- 24 Challenged ballots------------------------------------------ 35 Valid votes counted plus challenged ballots------------------ 59 It thus appears that the challenges are sufficient in number to affect the results of the election. On July 28, 1948, Local 65 filed a letter in the nature of Objections to the Election. Pursuant to Section 203.61 of the Board's Rules and .Regulations, the Regional Director investigated the Challenges and ' The Petitioner filed a waiver subsequent to the election in which it stated that it waived the right to protest the election held in this proceeding on any ground set forth in Case No 2-CA-509. 81 N. L. R. B., No. 46. 289 290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Objections and issued his Report on Objections and Challenges on December 2,1948. 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. * In his Report the Regional Director overruled the Objections filed by Local 65 on the ground that it had not complied with Section 9 (h) of the Act, and made findings and recommendations with regard to the challenges. No exceptions to the Report have been filed. The Regional Director's rulings on Objections are hereby affirmed .2 Statements of facts The Employer is a New York corporation operating in that State warehouses and a chain of retail stores selling general merchandise. During the year 1947 the Employer's purchases exceeded $1,000,000 of which 90 percent came from outside the State of New York. Dur- ing the same period sales exceeded $1,000,000 of which at least 10 per- cent was shipped across State lines. On May 10, 1948, Local 65 called a strike which was still in progress at the time of the election. Local 65 was not permitted to have ob- servers at the election, because it was not a party. Upon the entire record in the case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. 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. As no exceptions to the Regional Director's Report on Objections and Challenged Ballots have been filed, we hereby adopt the Report. In accordance therewith, we hereby overrule the challenges to the votes of Margaret Rose, Annette Mirti, Pearl Alter, Mimi Daumas, Marion Kubiak, Victor Backus, Mary Elberth, Gerald Licht, Eric Youngem, Ruth Gordon, Michael Gonsier, Rose Krupnick, Francis Watson, Allan Gardner, Stewart Cole, Herbert Craven, Martin Neigelberg, Maria Azzara, Alvin Koppel, Laura Charnas, Jenny Pelluso, Renee Buck- man, Frances Bronkie, Louise Jean Sofia, Ester Behar, Elinor Wolk, *Houston , Reynolds, and Murdock 2 In support of its Objections, Local 65 alleged that the Petitioner is an employer. dominated organization , that the Employer is not engaged in interstate commerce, and that Local 65 should have been placed on the ballot. The action of the Regional Director in overruling the objectives on the grounds stated is in accord with Board policy, which we hereby reaffirm. See Matter of Oppenheim Collins & Co ., Inc., 79 N. L. R. B. 435; Matter of Times Square Stores Corporation, 79 N. L. R. B. 351 ; and Matter of Westing. house I'lectiic Corporation, 78 N. L. R. B. 315. TIMES SQUARE STORES CORPORATION 291 Rosalyn Parness, Lillian Lazarus, Benjamin Reinstein, Shirley Moshinsky, Pearl Bloom, Irving Tenzer, Carmel Colucci, and Joseph Capodice. Also in accordance with the Regional Director's recommendations we hereby sustain the challenge to the ballot of Marie Mirti and declare her ballot invalid. DIRECTION IT IS HEREBY DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Times Square Stores Corporation, New York City, the Regional Director for the Second Region shall, pursuant to the Rules and Regulations of the Board, within ten (10) days from the date of this Direction, open and count the ballots of the employees who have been declared eligible voters above, and thereafter prepare and cause to be served upon the parties a Supplemental Tally of Ballots, including the count of said challenged ballots. 829595-50-vol. 81-20