Bonwit Teller, Inc.

In the Matter of BONWIT TELLER, INC., EMPLOYER and LOCAL 804, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL and .AMAL- GAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONERS Cases Nos. O-RC-859 and -RC-1026.-Decided Jw, to 20,.1949 DECISION AND DIRECTION OF ELECTIONS AND ORDER Upon petitions duly filed, a hearing was held before Lloyd S. Greenidge, 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-member panel 2 [Chairman Herzog, and Members Houston and Gray.] 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. i The hearing officer properly refused to allow Retail Clerks International Association, AFL, herein called the Intervenor , to introduce evidence with respect to alleged unfair labor practices on the part of the Employer . Alleged unfair labor practices , and evidence relating thereto . are as a matter of Board policy , not properly admissible in representa- tion hearings. Matter of Gibbs Corporation, 81 N L. R B 1029 , Matter of Jell-Well Des- sert Company, 82 N. L. R. B. 101 ; Matter of Deep Rock, Inc, 83 N. L. R B. 694. In its brief before the Board, the Intervenor contended that the hearing officer did not conform to the Board 's requirements in the conduct of representation proceedings in that he conducted the hearing in an adversary manner rather than as an investigation, with the result that the record does not disclose the evidence required for a proper disposition of the issues raised with respect to the appropriate unit We have examined the record in this case closely and find nothing adversarial in the character of the hearing The hear- ing officer did not, either through his rulings or general conduct, deny any party an oppor- tunity to introduce evidence pertinent to all the issues herein Furthermore , all the facts necessary for a determination by the Board of all the issues appear in the record We find no evidence in the record of bias and prejudice on the part of the hearing officer, and are of the opinion that the Intervenor received a fair and impartial hearing In view of the foregoing and the entire record in the case , we find that the contention of the Intervenor is lacking in merit 2 The Teamsters ' request for oral argument is denied , as the record and briefs, in our opinion, adequately present the issues and positions of the parties. 84 N. L. R. B., No. 50. 414 BONWIT TELLER, INC. 41'5 2. Local 804, International Brotherhood of Teamsters, AFL, herein called the Teamsters; Amalgamated Clothing Workers of America, CIO, herein called the Amalgamated; and Retail Clerks International Association, AFL, herein called the Intervenor, are labor organiza- tions claiming to represent certain employees of the Employer. 3. For reasons stated hereinafter, no question affecting commerce exists concerning the representation of employees of the Employer in Case No. 2-RC-859 within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. We do; however, find that a question affecting commerce exists concerning the representation of employees of the Employer in Case No. 2-RC-1026, within the-meaning of Sec- tion9^(c), (1) ahdSection 2 (6) and (7) of the Act. 4. The Teamsters, the Petitioner, in Case, No. 2-RC-859, ,requests a unit of all employees employedlin the receiving and marking, inside cleliv-ery, returii, goods, warehouse, branch. stores, and packing and .wrapping departments in the Employer's New York store, excluding ,supervisors. The Amalgamated, the' Petitioner in Case No. 2-RC- 1026, seeks to represent a single unit of all regular full-time and part- time employees in the Employer's three stores located at New York City, White Plains, New York, and Boston, Massachusetts,.including pay-roll and accounting department employees, draftsmen, publicity department and executive sales employees, assistant department heads who do not have authority to hire and discharge,.but excluding-as- sistant buyers, personnel employees, and supervisors.' The'Intervenor seeks a similar unit, limited ^ to ' employees, in the Employer's New York store, except that it would include assistant buyers and per- sonnel employees, and that it recognizes the, unit clai'ni of the Team- sters. The Employer urges that the three-store, unit 'sought by the -Amalgamated is the only appropriate unit, but would exclude pay-roll and accounting department employees; draftsmen, publicity depart- ment and executive sales employees, and all assistant department 'heads.' There is no history of collective bargaining for the employees involved in this proceeding.' 9 The Amalgamated stated in its brief to the Board that it is willing to proceed on the basis of three separate units if the Board so decides. 4 All parties agree to the inclusion of all regular full and part -time employees whether employed at wages, salaries, commissions, or any combination thereof, including em- ployees in leased departments, models, and demonstrators . They agree to the exclusion of employees presently under contract with other labor organizations, advertising depart- ment employees, nurses, executives, merchandise managers and their assistants, buyers, floor managers , confidential-executive secretaries , department heads, the training director, piot6etive department employees, college and cooperative students , officers of the Em- ployer, employees who are employed as casual or per diem employees or "on call" basis for some special purpose, seasonal employees or employees employed for a limited period of not more than 30 days , and contingent employees having a normal .worlyweek ,of less than 14 hours. 6 The Employer has negotiated a number of collective bargaining agreements with Department Store and Warehouse Employees Union, Local 1499, Retail Clerks Interna- 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Teamsters' unit request: All departments in the unit sought by the Teamsters, except the warehouse,, are located in the Employer's New York store.7 Each is supervised by a department head, who is responsible to the assistant store operations manager. Incoming mer• chandise is unpacked, inspected, and ticketed by employees in the receiving and marking department. Merchandise for the branch stores at White Plains and Boston, is tagged and marked by employees in the branch stores department. Merchandise to be sold in the New York store is transported to the selling floors by receiving room em- ployees, or, on occasions, by selling department employees. It is then put into the stockrooms by stock clerks from selling departments. Packing and wrapping department employees work in the central packing room in the store basement, and at packing and wrapping desks located in the various selling departments. These desks are im- mediately adjacent to the selling departments to which they are at- tached. Merchandise to be sent to customers is packed, wrapped, and addressed on the selling floors, and dropped down a package chute into the delivery department. Employees in this department sort pack- ages according to local delivery areas, and deposit them in United Parcel bins. Packages to be sent parcel post, and those to be exported, are weighed for the required postage by these employees. The em- ployees in the return goods department unwrap and inspect merchan- dise returned to the store through the mail, and then send it to the -.proper selling department. There a further examination is made to determine whether or not the merchandise should be accepted for -return. -. Ordinarily there is no transfer' of employees between the selling and nonselling, departments., In busy seasons, however, employees from the stockrooms attached to the selling departments may be de- tailed,to the receiving room if there is a shortage of help there, and employees -from the sales audit department may be temporarily trans- ferrdd to the receiving room or, the branch stores department. The employees in the unit proposed by the Teamsters have the same bene- tional Association , AFL, covering employees in the Employer 's display department at its New York City store. There are no display department employees working in the Em- ployer's other stores. - " The Employer does not have a merchandise warehouse. It rents warehouse space in another building in New York City for, the,•storage of old,store records, fixtures , furni- ture not , being used in the New York store, box_ es and packing material . This department, also referred to as the dead storage department in the record , is staffed by two part-time employees, one of -whom keeps up the heat; , the other takes care of the old records stored there. ' ° •7,There are 29 employees in the receiving and marking ,,department ; 9 in the -branch , stores !,department, which -includes. the charge-back section ; 6 in the inside delivery department ; 46. In the packing and, wrapping , department ; and 3 In the return goods department. 11 - BONWIT TELLER, INC. 417 fits and privileges, and work under the same conditions, as do other employees in the store. The departments sought by the Teamsters are integral parts of the Employer's operations. It is clear from the record as a whole that the work of these employees is integrated with that of other store employees, and that the interests of all employees with respect to wages, hours, and working conditions are closely allied. We are of the opinion that the interests of the employees whom the Teamsters seek to represent are not sufficiently severable and distinct from those of the Employer's other store employees to warrant establishing them as a separate unit. We find that the unit requested by the Teamsters is inappropriate for collective bargaining purposes." We shall there- fore dismiss the petition for separate representation of these employees. Scope of the unit: The Employer operates a main store at New York City, and 2 branch stores at White Plains and Boston. In the pro- posed units, there are approximately 900 employees in the New York store, 150 in the Boston store, and 65 in the White Plains store.9 Centralized management of all three stores is operated from New York, where all purchases of merchandise, equipment, and supplies are made by company buyers in the New York store. All merchandise is received initially in the New York store. That allocated to the branch stores is then shipped to White Plains and Boston. All policies relative to merchandising,10 prices, personnel, and wages are formu- lated in the executive offices in New York. The branch stores are headed by store managers who are responsible for' seeing 'that these policies are adhered to." Close control is maintained through fre- quent visits to the branch stores by the Employer's executives 12 8 The Board has recognized a unit of selling and nonselling employees as appropriate for department stores Matter of Montgomery Ward & Company , Incorporated, 78 N. L. R. B. 1070. Cf. Matter of Bloomingdale Brothers, Inc., 81 N L. R. B. 1252 ; Matter of The Robinson-Schwenn Store, 83 N. L R B. 35 9 The White Plains store is about 25 miles from the New York store, and the Boston store is approximately 229 miles from New York For a few months during the winter season, the Employer also operates a store at Palm Beach, Florida. In, addition to about 5 employees sent down from the New York store for this season , the Employer hires ap- proximately 25 temporary employees to staff this store. 11 The amount of inventory that is carried in the branch stores is established in New York. Variations may be made on the recommendation of assistant buyers in the branch stores if approved by the New York buyers. 11 Assistant buyers are in charge of the selling departments in the branch stores, and department heads are in charge of the nonselling departments. These employees are responsible to the branch store managers. The branch store managers come to New York at least once every 2 weeks to consult with the Employer 's officers, the various department heads and buyers. Assistant buyers in the branch stores come to New York about four times a year. 12 Each of the Employer's officers visits the branch stores at least once a month. The New York buyers go to the White Plains store 6 to 12 .times a year, and to the Boston store 4 to 6 times a year. 418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The stores are all served by a single accounting office in New York. Checks received in payment of charge accounts in the branch office are sent to New York for deposit; 'cash payments are deposited in the local banks. The pay roll for all personnel is computed in the New York office, and pay envelopes for all employees are prepared there. The pay envelopes for the branch stores are mailed to them, together with a single check to cover the pay rolls. The pay-roll checks are cashed at local banks, and the pay envelopes filled at the branch stores in accordance with specific instructions from the New York office. The advertising department in New York takes care of all adver- tising for the branch stores. Newspaper advertisements that appear in the White Plains and Boston newspapers are written up in the New York advertising office and forwarded to the newspapers in those cities for insertion. - All hiring for the branch stores is done locally, and the rate for individual employees is within the discretion of branch store man- agers '3 Salary increases for branch store personnel, however, are subject to final approval by the New York office. Training of new employees-is done at the branch stores by department heads and as- sistant buyers in the branch stores.14 Each store maintains its own seniority list, which is used in the event of a reduction in personnel.15 . Uniform working conditions, hours of employment," and personnel policies prevail in all three stores, and all employees enjoy like vaca- tions,17 discount privileges,ls group insurance, and hospital and sur- gical benefits. Although the nature of their duties is similar, there is ordinarily no interchange of employees, below the supervisory level, among the three stores. Under all the circumstances, we believe that a unit confined only to the employees at the New York store, as proposed by the Intervenor, is inadequate in scope, and therefore inappropriate for collective bar- gaining 19 The above facts indicate, and we find,,that the appropriate ' 11 The branch 'store managers must . operate within a budget authorized by the New York office. Contingent employees are paid a flat rate which is the same for all stores 14 Training in the branch stores is according to criteria set up by the training department in New York 15 Seniority accumulated at any of the stores is recognized by the other stores if em= ployees transfer from one store to another. 1e The woi kweek and hours of employment for the branch stores are determined in New York 17 Vacation schedules prepared bathe blanch stores for their personnel must be approved by the personnel department in New York before they become effective 18 Employees are entitled to use their discount privileges in any of the three stores upon proper identification • 39 Cf. Matter of The Grand Union Company, 81 N L R'B 1016, Matter of C. Pappas Company, Inc., 80 N L R B 1272. Matter of-Dun & Bradstreet, Inc., 80 N L R B 56; Matter of National Brands, Inc, 81 N L R B 1163, Matter of Westbrook Enterprises, Inc., 79 N L It. B 1032. BONWIT TELLER, INC. 419 unit may consist of employees of all three stores in a single unit., In view of the proximity of the New York and White Plains stores, we believe that the employees in these two stores should, in any event, be included together in one unit for bargaining purposes. Because, however, of the distance of the Boston store from the New York store, and the lack of interchange of employees between these stores, we find that the employees in the Boston store alone may properly constitute a separate appropriate unit. We shall direct that separate elections be held in the following voting groups, and shall defer our determination as to the scope of the unit until the results of these elections have been ascertained : (1) All regular full and part-time employees at the Employer's New York City and White Plains, New York, stores, whether employed at wages, salaries, commissions, or any combination thereof, including employees in leased departments, models, demonstrators, executive sales employees, publicity department employees, personnel depart- ment employees,20 pay-roll and accounting department employees, draftsmen, and assistant department heads who do not effectively rec- ommend hiring and discharge of employees, but excluding assistant buyers, employees presently under contract with other labor organiza- tions, advertising department employees, nurses, merchandise man- agers and their assistants, buyers, floor managers, confidential-execu- tive secretaries, department heads, the training director, protective department employees, college and cooperative students, employees who are employed-as casual or per diem employees or "on call-"basis for some special purpose, seasonal employees or employees employed for a limited period of no more than 30 days, and contingent employees hav- ing a normal workweek of less than 14, hours, executives and officers of the Employer, guards, and all supervisors as defined in the Act. (2) All. regular full and part-time employees at the Employer's Boston;' Massachusetts, store, whether employed at, wages,, salaries; commissions, or any combination thereof, including employees in leased departments, models, demonstrators, executive sales employees, pub- licity,department employees, personnel department employees, pay- roll and accounting department employees, draftsmen, and ; assistant department heads who do not effectively recommend hiring and dis- charge of employees but excluding assistant buyers; employees pres- ently under' contract with other labor organizations, advertising department employees, nurses, merchandise managers and their assist- ants, buyers, floor managers, confidential-executive secretaries, depart- 20 The employee in the personnel department who interviews applicants foi employment is to be excluded from both voting groups . 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment heads, the training director, protective department employees, college and cooperative students, employees who are employed as casual or per diem employees or "on call" basis for some special purpose, seasonal employees or employees employed for a limited period of no more than 30 days, and contingent employees having a normal work- week of less than 14 hours, executives and officers of the Employer,' guards, and all supervisors as defined in the Act. If the employees in the two voting groups select the Amalgamated, they will be taken to have indicated their desire to constitute a single unit. There remains for consideration the disputed categories, all of whom the Employer contends should be excluded from any appropriate unit. Assistant department heads: There are approximately 15 assistant department heads in the nonselling departments of the New York store21 They are responsible for distributing work to employees in their departments, checking the employees' attendance, seeing that the employees do their work, and maintaining promised alteration schedules. Some of these employees do the same work as do others in their department; others do not, except when there is a shortage of help in the department. While in theory' all assistant department heads have a right effectively to recommend hiring and discharge of employees, as a matter of actual practice only 4 assistant department' heads actually make such recommendations.' On the facts before us it does not appear that these employees have the authority "responsibly to direct" within the meaning of Section 2 (11) of the amended Act. We have held that the occasional and sporadic exercise of supervisory powers is not sufficient basis on which to exclude employees from a unit.23' We find in the present case that only those assistant department heads who exercise the authority effec- tively to recommend hiring and discharge are supervisors within the meaning of the Act, and shall exclude those four from the unit. Ac- cordingly, the remaining assistant department heads shall be included in the unit. Assistant buyers: There are approximately 28 assistant buyers in the New York store, 3 in the White Plains store, and 8 in the Boston store. Those in the New York store spend about 10 percent of'their time in selling merchandise, and those in the White Plains'and Boston stores 21 There are no assistant department heads in the branch stores The assistant depart- ment heads are in the following departments pay roll , authorizing, addressograph , receiv- ing, branch stores, packing and wrapping , style counsel, inside delivery, customers ' return, and alteration. 'There-are two assistant department heads in the alteintion department, one in the packing and wrapping department , and one in the receiving room who participate in the hiring and discharge of employees in their respective departments. 23 Matter of Wodaam Corporation ( Radio Station WOV), 83 N L R. B. 335. BONWIT TELLER, INC. 421 spend about 25 percent of their time in selling.24 The assistant buyers in the New York store follow up all outstanding merchandise orders to make sure that the merchandise is received, route bills through for pay- ment, keep unit control records up to date, handle general supervision of clerical work in the buyer's office, including the return of merchan- dise to manufacturers, and go into the market with the buyers to keep abreast of the merchandise situation. They are responsible for seeing that their departments are staffed with the required number of sales, stock, and clerical employees, and that these employees are doing a satisfactory job. Assistant buyers in the branch stores are responsible for the operation of their particular departments, for seeing that mer- chandise is promptly received from New York, checked in and put into stock, that their departments are sufficiently staffed, and that the customer service in their departments is good. All assistant buyers participate in the semiannual rating of employees in their depart- ments, and may effectively recommend the hiring and discharge of employees. We find that the assistant buyers are supervisors and shall exclude them from the unit 25 Executive sales personnel: The Employer contends that the five executive sales employees at the New York store should be excluded from the unit on the ground of a diversity of interests from the other sales personnel. These employees are paid on a straight commission basis with no guaranteed salary, whereas the other salespeople are paid a salary plus commission. Their average salaries are higher than that of the regular selling force, but not higher than that of other employees agreed to be included in the unit. They are not attached to a particular department for pay-roll purposes, but are assigned to a particular department for purposes of supervision, direction, and control .211 They are responsible to the buyer of the department to which they are assigned. Approximately 90 percent of their time is spent in waiting on their own special customers; the remainder of their time they sell to regular customers. Their work is not restricted to any one department; they have the right to sell in any department in the store. Theoretically, their working hours are the same as those of other employees, but they are not required to keep regular store hours 27 They are covered by the retirement, group insurance, and 24 Assistant buyers sell only when the store is busy, and there are not sufficient sales- people to handle the volume of business - 25 Matter of The Robinson-Schwenn Store, 83 N L. R. B. 35. ze Two employees in this group have assistants assigned to them by the personnel de- partment , who work as stock clerks. The record does not indicate that the executive sales employees exercise any supervisory authority over these assistants. 27 They have no paid holidays or vacations , and they sometimes work more than 35 hours. They may model merchandise after store hours at customers ' homes. 422 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD surgical plans, and have the same discount privileges as other employees. ' Although these employees, because of their superior skill and ex- perience, have what may be deemed to be more responsible positions than the rest of the sales force, they remain essentially sales per- sonnel, performing the usual functions of 'such employees. There is no reason for their exclusion from the unit other than their superior- ity in skills and the difference in the mode' of their payment.28 We find that the Employer's contention that they lack a community of interest with the remainder of the sales personnel is without merit, and shall include the executive sales group in the unit. Personnel department employees': The Employer argues that these lour employees are confidential employees and should be 'excluded from the bargaining unit because they have access to all personnel records, know when any, changes in employee status 'are proposed, and know of employee reprimands, personnel- ratings; and written complaints from customers concerning employees. The Amalgamated agrees with the Employer's position, while the Intervenor would in- clude them in the unit. One employee in this group does all interviewing of rank and file employees. She may recommend the hiring of employees whom she has interviewed to the head of the department where'the vacancy exists. We shall, therefore, exclude her from the unit. Another employee works primarily on group insurance, to see that all employees are covered at the proper time for the appropriate amount The third employee is responsible for keeping the personnel records up to date. The fourth is secretary to the personnel director, and also works as a general clerk in'the personnel department. Each of these employees is familiar with the work of the others, ' and all have access to the personnel files. - Although these three employees' have access to records' and report's which the Employer considers confidential,' the record does not show that they assist or act in a confidential capacity to persons exercising managerial functions in the field of labor relations. We find that they are not confidential 'employees. We shall; therefore, include,them -in the unit.29 28 The Board has'held that these factors are not sufficient justification for excluding employees from a unit , where the employees possess interests and perform duties similar to those of other employees iiicluded ' in'the unit Matter ' of Wm P McDonald Corpora- tion, 83 N L R. B 427; 'illatter of Wilson & Co,'Inc ,'81 N. L R B 501. ' ' 2n Matter of Inter-Mountain Telephone' Company, 79 N. L. R B.'- 715'; Matter of Anto- matie Electric Company, 78 N L It B. 1057. 11 ' , ' ^ BONWIT TELLER, INC. 423 nd- pay-roll department employees :,30 The, Employer Accounting and-pay-roll' urges that the accounting department' employees are professional and confidential employees, and that the employees in the pay-roll depart- ment are confidential employees, and, should be excluded from the unit. , ' There are four employees'in the accounting department. A junior accountant prepares the general entries that go into the general books, works-on journals that go into the general books, does expense analysis work, and assists in the preparation of the financial statements. A bookkeeper posts the general books, draws off the trial balance at the end of the month, and assists other employees in the department to prepare the operating statements. An assistant bookkeeper prepares the departmental profit and loss statements, helps with the preparation of the monthly financial statements, and reconciles the various bank accounts once a month. There is one employee who helps on the bank reconciliations and to whom all bills are sent before they are paid, to be checked for accuracy and to see that all necessary signatures are on them. All four employees have a knowledge of the Employer's financial position. None has to be a C. P. A., and a college .eduction is not required as a condition of employment. There are 'four employees in the pay-roll department who prepare the pay rolls for all employees in the three stores, except' executives, arrange with the bank to secure the required cash, and make up the pay envelopes for employees in the New York store. They make a bookkeeping record of each pay roll, which is necessary for accounting and tax purposes., These employees know the wages and salaries of all employees. It does not appear` that the work of the accounting department employees meets any of the requirements of a professional employee contained in the amended Act.- None of the employees in either department assists or'acts in a confidential capacity to persons exer- cising managerial functions in the field of labor relations. 'We find, contrary 'to the Employer's contention, that the accounting and pay- roll department employees' are' neither professional nor confidential employees, and shall include them in the unit 32 3" These departments are part of the Employer's accounting division , which also includes the following departments : statistics, tabulating, sales audit, accounts ' payable, and sash office. The Employer agrees to the inclusion of all accounting division departments. in the unit, except the accounting and pay -roll departments 31 Matter of Union Electric Power Company, 83 N. L. it. B. 872 ; Matter of San Marcos Telephone Company, 81 N. L R B 314 ; Matter of Inter-Mountain Telephone Com- pany, 79 N. L. R B. 715 ; Matter of Automatic Electric Company , 78 N'L ' R. B 1057 ' 32 Matter of W. K. B. H, Inc., 81 N. L R B.'63; Matter of United States Gypsum Com- pany, 81 N L. R B 182; Matter of Sears, Roebuck it Co., 76 N L R B 167. 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Publicity department employees: The Employer contends that the employees in this department are professional and confidential em- ployees. These employees handle promotional work and publicity for new executive personnel, obtain free newspaper publicity for the Employer, and arrange fashion shows. Their salaries are from 50 to 75 percent higher than that of most employees. There are, however, employees agreed to be included in the unit who receive higher com- pensation than the publicity department employees. A college -degree is not required for employment in this department. There appears to be no justification in the record for the Employer's contention that these employees are either professional or confidential employees within the meaning of the amended Act. We shall include them in the unit. Draftsmen: The, Employer urges that the draftsmen be excluded from the unit as professional employees. There are three employees in this category who work under the direction of the Employer's architect. Although two of these employees have college degrees, a college education is not required for employment as a draftsman. The draftsmen prepare plans to be used by the Employer in the erection of new stores, and to effectuate changes in the physical struc- ture of those which are in operation. All contemplated plans are discussed first by the Employer's executives with the architect. The latter makes a rough sketch of what is to be done. These sketches are then turned over to the draftsmen to work out in detail. After the plans are laid out on paper, it is the responsibility of the draftsmen to decide what materials are necessary for the work, and to estimate the cost of the materials and the time requirements of the job. They have only very limited supervision of the actual work. In view of the above facts, we find that the draftsmen are at most highly skilled technical employees, and are not professional employees within the meaning of the amended Act. We shall, therefore, include them in the unit. 5. The Intervenor contends that, because of the pendency of certain unfair labor practice charges filed by the Intervenor against the Employer, '13 the Board should not direct an immediate election in this proceeding. Inasmuch as these charges have been dismissed by the Regional Director, we find no merit in this contention and shall direct an immediate election.34 3 Case No. 2-CA-741, filed on April 18 , 1949, and Case No. 2-CA-775, filed on May 12, 1949. They involve the New York and White Plains stores. 34 Cf. Matter of Columbia Pictures Corporation , 81 N. L. R. B 1313. BONWIT TELLER, INC. DIRECTION OF ELECTIONS 35 425 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, separate elections 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 the Regional Director for the Region in which this case was heard, 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 respective units indicated below, 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, 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 elections : (1) Among employees in the Employer's New York City and White Plains stores in the unit found appropriate in paragraph numbered 4, above, to determine whether or not they desire to be represented for the purposes of collective bargaining, by Amalgamated Clothing Workers of America, CIO, or by Retail Clerks International Associa- tion, AFL, or by neither ; and (2) Among the employees in the Employer's Boston store in the unit found appropriate in paragraph numbered 4, above, to determine whether or not they desire to be represented by Amalgamated Clothing Workers of America, CIO, for the purposes ,of collective bargaining. ORDER IT IS HEREBY ORDERED that the Petition filed in Case No. 2-RC-859 by Local 804, International Brotherhood of Teamsters, AFL, be, and it hereby is, dismissed. ib Any participant in the election herein may , upon its prompt request to, and approval thereof by, the Regional Director , have its name removed from the ballot. 0