Louis Pizitz Dry Goods Co.

380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD each Separate calendar quarter or portion thereof during the period from the Respondent's discriminatory action to the date of reinstatement or a proper offer of reinstatement. The quarterly periods, herein called quarters, shall begin with the first day of January, April, July, and October. Loss of pay shall be determined by deducting from a sum equal to that which they normally would have earned for each quarter or portion thereof, their net earnings , if any, in other employment during that period. Earnings in one particular quarter shall have no effect upon the back-pay liability for any other quarter. It will be recom- mended that the Respondent, upon reasonable request, make available to the Board and its agents all records pertinent to an analysis of the amounts due as back pay.2' On the basis of the foregoing findings of fact and upon the entire record in the case, I make the following : CONCLUSIONS OF LAM 1. American Bottling Company, in its operations, is engaged in trade, traffic, and commerce among the several States, within the meaning of Section 2 (6) and (7) of the Act. 2. Federal Labor Union, No. 24730, is a labor organization within the meaning of Section 2 (5) of the Act. 3. By interfering with, restraining, and coercing its employees with respect to their union and concerted activities, the Respondent has engaged in and is en- gaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 4. By discriminating in regard to the hire and tenure of Roberto Martinez, Alberto C. Vasquez, Mike Salinas, Pedro Alvarez, Pedro Pena, and Gilberto Saenz, Jr., the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (3) of the Act. 5. The aforesaid unfair labor practices affect commerce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication in this volume.] xa All testimony or other proof in this case, unless specifically referred to herein as a finding of fact, Is either (1) found Incredible; (2) disregarded as being of so little weight as to be immaterial; or (3) not considered because it Is irrelevant or incompetent. Louis Plzrrz DRY GOODS COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION 612, A. F. of L., PETITIONER. Case No. 10- RC-1816. May 08,1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Paul L. Harper, hearing officer. 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock]. 99 NLRB No. 69. LOUIS PIZITZ DRY GOODS COMPANY 381 Upon the entire record'in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act., 2. The labor organization involved claims to represent employees of the Employer. 3. No 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, for the following rea- sons: The Petitioner seeks a unit of delivery and warehouse employees at the Employer's First Avenue warehouse, including stockmen, pack- age routers, drivers, helpers, and porters. The Employer contends that the appropriate unit is the more comprehensive one, previously established by the Board,2 including substantially all employes at both its store and its warehouses. There is no prior history of collec- tive bargaining. The Employer operates a large department store in Birmingham, Alabama, and in connection therewith maintains 3 warehouses. The warehouse at 1605-11 First Avenue North is used for the storage of bulky articles such as, furniture, appliances, radios, television sets, rugs, etc., and in addition houses a radio, television, and appliance service department and a furniture finishing department. The 14th Street warehouse stores supplies, fixtures, and Christmas toys. The third warehouse, located on the seventh floor of the department store itself, is devoted to the storage of soft goods such as piece goods, boys' furnishings, and ready-to-wear apparel. All the employees sought by the Petitioner operate from the First Avenue warehouse and service the 14th Street warehouse as wells In addition to these em- ployees, -there are at First Avenue approximately 15 employees in the radio, television, and appliance service department and in the furniture finishing department. On occasion they do warehouse work and drive trucks, but the Petitioner is not seeking to represent them. Further, at the seventh floor warehouse, there are other employees such as stockmen, checkers, and markers, whose duties with respect to the merchandise stored therein are substantially the same.as those of employees at the other warehouses. But they too are not sought by the Petitioner. Moreover, departmental stock employees in the store regularly go to the warehouses to obtain stock sold through their respective departments, and other store employees are sent to the warehouses to work during warehouse sales. Although the outside I dtanislaus Implement and Hardware Company, Limited, 91 NLRB 618; Louis Pizits Dry Goods Company, 71 NLRB 579, and 80 NLRB 1442. 2 Louis Pizitz Dry Goods Company, 71 NLRB 579. 8 There are no employees regularly assigned to the 14th Street warehouse. 382 DECISIONS 'OF'•NATIONAL LABOR 'RELATIONS BOARD and store warehouses have' separate immediate supervision, there is one central personnel office for warehouse and store employees, and all employees enjoy the same vacation and holiday plans, group in- surance, and other benefits. - In Louis Pizitz Dry Goods Company,4 the Board dismissed a peti- tion filed by another labor organization seeking substantially the same unit of this Employer's warehousemen as is being sought by the Peti- tioner herein. The Board there stated : In view of the integration between the warehouse activities and those of the store, the fact that work performed by the ware- housemen is the same as that of some store employees and for the reason that only one of the three warehouses is sought by the Petitioner, although the work of all warehouse employees appears to be substantially the same and under the same ultimate super- vision, we believe that the proposed unit is too limited to consti- tute a separate appropriate unit. The present record does not indicate any change in the Employer's operations sufficient to warrant modifying our earlier decision. Ac- cordingly, we find that the unit requested by the Petitioner is in- appropriate for collective bargaining purposes .5 We therefore grant the Employer's motion to dismiss the petition. Order, IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 4 80 NLRB 1442. See Marshall Field cE Company, 96 NLRB 1 , and 97 NLRB 7. GOODYEAR SYNTHETIC RUBBER CORPORATION and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 347, PETITIONER. Case No. 39-RC- 429. May 28,1952 Supplemental Decision and Amended Direction of Elections On May 1, 1952, the Board issued a Decision and Direction of Elec tion in the above-entitled case,' finding that all employees in the Employer's Houston, Texas, synthetic rubber plant engaged in pro- duction, maintenance, and as utility, employees, including checkers, loaders, and material handlers in the receiving and' shipping depart- ments, laboratory testers, technicians and, samplers; the oiler group, labor group, carpenters, painters, and sheet metal workers, but ex- 1 Not reported in printed volumes of Board decisions. 99 NLRB No. 61.