Famous-Barr Co.

In the Matter Of MAY DEPARTMENT STORES COMPANY , D/B/A FAMOUS- BARR COMPANY, EMPLOYER and ELEVATOR OPERATORS AND STARTER'S UNION, AFL, LOCAL 50E, AFFILIATED WITH BUILDING SERVICE EM- PLOYEES INTERNATIONAL UNION5 AFL, PETITIONER In the Matter of MAY DEPARTMENT STORES COMPANY , D/B/A FAMOUS- BARR COMPANY, EMPLOYER and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 1, AFL, PETITIONER In the Matter Of MAY DEPARTMENT STORES COMPANY, D/B/A FAMOUS- BARR COMPANY, EMPLOYER and LOCAL No. 618, INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER Cases Nos. 14-RC-4341, 14-RC-501, and 14-RC-095, respectively.- Decided April J, 1949 DECISION AND ORDER Upon separate petitions duly filed, a consolidated 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.* ' The day before the hearing, the Employer filed with the Regional Director a motion for reconsideration of the showing of interest, and dismissal of the petition filed in Case No. 14-RC-434 by the Elevator Operators and Starter 's Union , AFL, Local 50E, herein called the Elevator Operators . The Regional Director referred the motion to the hearing officer , who denied the motion for reconsideration of the showing of interest and referred the motion to dismiss to the Board. In its motion , the Employer contends that the Ele- vator Operators do not have a sufficient showing of interest among the employees in the unit it seeks to represent . It asserts that since the original determination of the interest showing of the Elevator Operators, 9 of the 83 employees on the pay roll voluntarily left their jobs, 2 transferred to new jobs not within the bargaining unit, and 19 new employees have been hired. As the showing of a representative interest is a matter for administra- tive determination by the Board, it is not subject to direct or collateral attack The motion is therefore denied Matter of C. D. Jennings & Company, 68 N. L. R. B. 516. .Chairman Herzog and Members Reynolds and Gray. 82 N. L. R. B., No. 84. 731 732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Petitioner in Case No. 14-RC-501, herein called the I. B. E. W., the Petitioner in Case No. 14-RC-525, herein called the Teamsters, and the Elevator Operators, are labor organizations claim- ing to represent employees of the Employer. 3. No questions affecting commerce exist concerning the represen- tation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The Elevator Operators seeks to represent a unit composed only of passenger elevator operators, starters, and escalator attendants. The I. B. E. W. seeks to represent a unit of radio servicemen, and the Teamsters seeks to represent a unit of parking garage attendants. The Employer contends that only a company-wide unit consisting of all its employees engaged in its St. Louis, Missouri, operations or, in the alternative, a unit consisting of all employees engaged in its downtown operations, is appropriate.2 The Employer operates a chain of department stores located in sev- eral States. This proceeding concerns its main store in downtown St. Louis, which, together with certain related operations, is known as the Famous-Barr Company. In connection with its main store, the Employer also operates a branch store 7 miles from downtown St. Louis, a group of buildings opposite its main store known as St. Charles Street Service buildings,3 a patrons' garage and parking lot 4 blocks from the main store, and a warehouse located halfway between the main and the branch stores. The Elevator Operators seeks to represent a unit of regular and relief passenger elevator operators, elevator starters, and escalator attendants.' In an earlier decision, the Board held that such a unit was appropriate.' There has been little change in pertinent facts since that finding, which was based primarily on the extent of the Petitioner's organization among the Employer's employees. That is a factor which may be no longer considered controlling under the provisions of Section 9 (c) (5) of the amended Act. The elevator operators and the starters perform the usual duties of such em- ployees. The escalator attendants aid customers in getting on and 3 By dismissing the petition herein, we are not to be taken as necessarily agreeing with the Employer's contentions. 8 These buildings are connected with the main store by a tunnel. 4 The elevator operators and the escalator attendants are in Department 377. The Ele- vator starters are in Department 379. " Matter of The May Department Store Co., d/b/a Famous-Barr Co., 54 N. L. R. B. 230. MAY DEPARTMENT STORES 733 off the escalators, and in case of emergencies, stop the escalators. There is some interchange of these employees on a permanent basis with employees in the stockkeeping, housekeeping, and order- filling departments. No previous experience and little training is required to become an elevator operator or an escalator attendant. The em- ployees involved are not skilled nor do they constitute an historical bargaining group. Furthermore, the record discloses that there are other custodial employees employed by the Employer, such as those in the housekeeping department and freight elevator operators, whom the Elevator Operators would exclude from the unit. These employees do not appear to be presently represented by any labor organization. As the unit sought by the Elevator Operators thus consists only of a segment of a broader custodial unit, we find that it is inappropriate and must therefore dismiss the petition 6 The I. B. E. W. seeks to represent the Employer's radio service men, either as a separate unit or as part of a unit of electrical main- tenance employees of the Employer and two other St. Louis depart- inent stores, which it presently represents. The Employer's radio servicemen work in the radio service shop, which is located in the Employer's Spring Avenue warehouse 7 The Employer maintains its radio service department for the purpose of adjusting, installing, and repairing radios." An employee is not required to have had any formal training to be qualified for such work. The wages, hours, and working conditions of these employees are substantially the same as those of all other store employees. It does not appear that the employees in the requested unit are skilled craftsmen nor may they on any other basis constitute a separate appropriate unit.9 For similar reasons, we find that they may not be joined with the multi- employer unit of maintenance electricians presently represented by the Petitioner." We find that the proposed unit is inappropriate for the purposes of collective bargaining, and shall therefore dis- miss the petition for representation of these employees. There remains to be considered the unit of employees who operate the patrons' garage and parking lot, whom the Teamsters seeks to Cf. Matter of Stern Brothers , 81 N L. R. B 1386. In that case we found that a unit of elevator operators was appropriate because the elevator operators were the only component part of such a custodial unit in the employ of the Employer , other custodial duties being performed by employees of an independent contractor. ' The record discloses that a general manager is in charge of all the Employer 's service shops, including the radio , washing machine, and electrical appliance service departments. The service shops are located at the Spring Avenue warehouse , the main store , and the St Charles Street Service building. The record discloses that 70 percent of the work in this department is done without charge to the Employer 's customers. 9 See Matter of Grinnell Brothers , 80 N L. R. B. 1268. 10 We note, moreover, that the other employers of the electrical maintenance employees whom the I . B. E. W. represents are not made parties to the present proceeding. 734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD represent. These service operations are located 4 blocks from the Employer's main store. The patrons' garage offers only parking facilities. No gasoline, oil, or automotive products are sold, nor are any other services rendered. The employees involved give out claim checks, direct the customers to parking spaces, and collect the claim checks when the customer leaves the garage. No training or previous experience is required. The employees are not skilled nor on any other basis do they appear to constitute a separate unit appropriate for bargaining purposes. Accordingly, we shall dismiss the petition filed by the Teamsters. ORDER Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petitions filed in these cases be, and they hereby are, dismissed.