S. H. Kress & Co.

In the Matter of S. H. KRESS cQ, COMPANY, EMPLOYER and CULINARY AND SERVICE WORKERS UNION, LOCAL No. 1, CIO, PETITIONER Case No..23-RD21.Decided January 17, 1947 Messrs. George P. Kimball and C. Wendel Carlsmith, Honolulu, T. H., for the Employer. Mr. Ralph Vossbrink , Honolulu, T. H., for the Petitioner. Mr. David C. Buchalter, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Honolulu, Territory of Hawaii, on November 8, 1946, before Arnold L. Wills, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER S. H. Kress & Company, a New York corporation with its principal office and place of business in New York City, is engaged in the retail sale of limited price variety merchandise through approximately 240 stores in various States and Territories of the United States , includ- ing a store in Honolulu , Territory of Hawaii, which is solely involved herein. The record in an earlier case,' wherein we asserted jurisdiction over this same operation of the Employer , indicates that most of the merchandise in the Honolulu store originates in continental United States. The Employer admits and we find that it is engaged in com- merce within the meaning of the National Labor Relations Act. 1 Hatter of S. H Kress t Company; 34 N L. R B 1152 72N L R.B,No 36 200 S. H. KRESS & COMPANY IT. THE ORGANIZATION INVOLVED 201 The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in" accordance with the agreement of the parties, that the following units of employees at the Employer's store in Honolulu, Territory of Hawaii, excluding the job categories listed in Appendix A attached hereto, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.2 (1) All employees, including part-time employees who work regularly five afternoons a week and all day Saturday, but excluding office and clerical employees, confidential personnel, and employees employed during peak periods Only .3 (2) All office and clerical employees, including the information desk clerk, assistant information desk clerk, freight voucher clerk, cash room clerk, and the invoices transfer clerk, but excluding the pay-roll clerk,4 cash register book clerk, 'and the secretary to the manager. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with'S. H. Kress & Company, Hono- lulu, Territory of Hawaii, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date 2 See Matter of Goldblatt Brothers, Inc., 67 N L. R B. 674, Matter of J. L. Brandeis cE Sons, 50 N. L R B 325. ' This unit conforms to the unit found appropriate in an earlier decision involving this store See footnote 1, supra. This employee appears to have complete access to information considered confidential in the employer-employee relationship. 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of this Direction, under the direction and supervision of the Regional Director for the Twenty-third Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regula- tions-Series 4, among the employees in the units 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated before the date of the elections, to determine in each unit, whether or not they desire to be represented by Culinary and Service Workers Union, Local No. 1, CIO, for the purposes of collective bargaining. APPENDIX A Manager Assistant Managers Head Stockroom Supervisor Maintenance Supervisor Stockroom Supervisors Sample Supervisor Head Sales Floor Supervisors Sales Floor Supervisors Soda and Lunch Supervisor Soda and Lunch Counter Supervisors Cashier Assistant Cashier Matron Floorman