Sears Roebuck & Co.

SEARS ROEBUCK & COMPANY 559 Sears Roebuck & Company and Sears Roebuck Employees' Coun- cil, Local No. 1635, Retail Clerks International Association, AFL, Petitioner Sears Roebuck & Company and Local No. 25, International Broth- erhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, Petitioner. Cases Nos. 1-RC-3813, 1-RC-3814, and 1-RC-3827. April 29,1955 DECISION, ORDER, AND DIRECTION OF ELECTIONS Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Robert Fuchs, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire records in these cases, the Board finds; 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' I Sears Roebuck Employees ' Council (Unaffiliated ), herein called the Council, moves to dismiss the petitions herein because of alleged participation by supervisors in organiza- tional activities on behalf of Sears Roebuck Employees' Council , Local No . 1635, Retail Clerks International Association , AFL, herein referred to as the Retail Clerks In this con- nection, the Council contends that the hearing officer committed prejudicial error by (1) remarks to counsel in front of, and prior to, examination of witnesses subpenaed by the Council; (2) failing to sequester these witnesses , and (3 ) refusing to allow the Council to call further witnesses. As to (1), the record discloses no prejudicial statements by the hearing officer and the Council points to none which would justify remanding this case for further hearing As to (2), no request to sequester witnesses was made at the hearing, and the issue is raised belatedly for the first time in the Council 's brief. And, as to ( 3), the record shows that the Council called five witnesses , examination of whom failed to elicit any evidence sus- taining the charge of interference . The Council then admitted it had no evidence of such activities and that it had no knowledge of what the testimony of the three remaining witnesses would be ; but that it hoped examination of these witnesses would elicit evidence to support its claim of interference by division managers . Whereupon, the hearing officer refused to allow the Council to call further n itnesses to testify on this matter. We find, on this record, that to grant the Council' s request would be to allow it to go on a "fishing expedition ," and that the hearing officer ruled correctly in refusing to permit this line of inquiry to continue . Accordingly , we find no merit in any of these objections raised by the Council As to the charge of supervisory interference , the record is barren of any evidence which could support this contention ; moreover , the Council does not claim in its brief that it is in possession of any relevant evidence . Accordingly , we hereby deny the Council 's motion to dismiss this petition because of supervisory mterterence , and we also deny its alternate request to remand this proceeding for further hearing and testimony on this subject. 2 The Retail Clerks objects to the intervention of the Council in these cases on the ground that it is not a qualified labor organization within the meaning of the Act. The basis for this objection is the Board 's decision in Sears Roebuck & Company, 110 NLRB 226, where the Board held that the Employer had unlawfully interfered with, assisted, and contributed support to the Council , and ordered the Employer to withdraw recognition from , and to cease giving effect to its contract with, the Council We note, however, that this order was qualified by the statement " . . unless and until such organization shall have been certified by the National Labor Relations Board . . . On January 15, 1955 , the Board was administratively advised that compliance with this order had been effected, and on January 17, 1955, the above case was closed. In view of 112 NLRB No. 72. 560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. Questions affecting commerce exist 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. 4. Case No. 1-RC-3814: The Retail Clerks seeks a unit of all selling and nonselling employees at the Employer's retail store located at Fullerton Street and Brook- line Avenue, Boston, herein called the Fenway Store, including audit- ing department employees and all regular part-time employees, but excluding group office personnel, personnel department employees, leased department employees, employee cafeteria personnel, service station employees, drivers and helpers, contingent employees, execu- tives, guards, and supervisors as defined in the Act.' The Employer contends that employees in the credit department, auditing depart- ment, collection department, unit control department and customers' service department should be excluded 4 The Employer further con- tends that division managers and assistant division managers should be excluded as supervisors. The Council takes the position that, ex- cept for the inclusion of division managers and assistant division managers, the unit should be the same as that found appropriate by the Board in 1950.1 Composition of the Unit The disputed departments: Credit department employees accept applications for credit, interview prospective credit customers, ap- prove credit orders and schedule their delivery, and reject accounts not approved for credit. Collection department employees communi- cate with customers, who have delinquent accounts, by telephone and by a series of form collection letters.' Auditing department em- ployees are responsible for keeping time and wage records and for these facts , and as the showing of interest of the Council was administratively determined on a basis apart from any claimed contract interest , we find that the Council is not now precluded from participating in these proceedings and in the elections hereinafter directed. 3 The parties stipulate that reserve group trainees , group advertising employees, and secretaries to executives be excluded from the unit. 4 At the hearing, the Employer contended that ladies' wear department employees should also be excluded. In its brief, however, the Employer concedes that these employees are properly within the requested unit. We shall, threfore, include them in the unit herein- after found appropriate. 5 Sears Roebuck it Company, 91 NLRB 1411 , wherein the Board decided that the appro- priate unit at the Fenway Store consisted of all selling and nonselling employees , includ- ing auditing department employees and all regular part-time employees, but excluding group office personnel , executives , personnel department employees , leased department employees , employee cafeteria personnel, service station employees , drivers and helpers, professional employees , guards , and supervisors as defined in the Act. Thereafter, on January 5, 1951 , the Council was certified by the Board as the exclusive bargaining rep- resentative for these employees. Although the unit certified by the Board specifically included only the auditing depart- ment employees , the contract negotiated between the Employer and the Council pursuant to that certification included all the employees in the departments the Employer now seeks to exclude . Division managers were specifically excluded as supervisors in the above decision , while the classification of assistant division manager was not then in existence. 6 There are also 1 or 2 outside collection men in this department. SEARS ROEBUCK & COMPANY 561 the preparation of pay envelopes. Their other duties include internal audits and the preparation of various financial statements. Em- ployees in the unit control department maintain perpetual inventory records. They also order merchandise and maintain various records showing the sales and inventory on hand in the various divisions, the amount of money remaining to each division for further inventory purchases, and the dollar volume of merchandise ordered but not yet received. Employees in the customers' service department give customers information relating to such matters as deliveries and the installation of merchandise. In addition, they schedule the delivery of merchandise, and handle complaints and returns.' The above employees are all paid on a similar basis. They receive the same vacation, holiday, and sick benefits as other selling and nonselling employees. All store employees punch the same time- clock and use the same card rack, attend general store meetings and store socials, and otherwise have the same benefits and privileges. Fur- ther, all employees are hired, transferred, and discharged through a central personnel office. And, although each department has its own immediate supervision, all selling divisions and nonselling depart- ments are under the general supervision of the store manager.,, The Employer requests that the employees in these disputed depart- ments be excluded on the grounds that they are (1) specialists; (2) office and clerical employees; and (3) confidential employees. There is no statutory basis in the Act for the exclusion of specialists as such, and the Employer does not claim nor does the record show that these employees are either technical or professional employees. Rather, the record shows clearly that these employees are office and clerical employees, not sought to be represented in a separate unit by any other union, of the type which the Board has held may properly be included in a department store unit of selling and nonselling employees.' In support of its contention that these employees have confidential status, the Employer alleges that they have access to the credit ratings of customers and have knowledge of the status of accounts of other employees who have purchased goods from the store on credit.1° This claim was raised as to the employees in the auditing department in 7 The credit, collection, and customers' service departments are located in the basement of the store, adjacent to selling areas The auditing department is also located in the store basement, while the unit control department is located in the rear of the store adjacent to the receiving and stockrooms Employees in the collection department use such office equipment as telephones and typewriters Employees in the other departments use, in addition to typewriters, such equipment as comptometers, adding machines, automatic authenticating machines, and cash registers 8 Operating policy, as distinguished from personnel policy, is established in each selling division and nonselling department by the corresponding division or department in the Employer's parent office in Chicago, or by its regional office in Philadelphia. 9 John TV. Thomas & Co , 104 NLRB 868 10 The Employer does not contend that the employees in the customers' service department are confidential employees •562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1950, and was rejected by the Board at that time." Moreover, subse- quent to the certification in that case, the employees in all these dis- puted classifications were bargained for by the Council and were covered by the terms of the resulting contract. Accordingly, as the record discloses no changes in the duties and responsibilities of the auditing department employees since that time, nor any other evi- dence sufficient to support a finding that any of the disputed employees are confidential employees, we find that they are not confidential employees, and shall include them in the unit hereinafter found to be appropriate. Division managers and assistant division managers: There are ap- proximately 40 selling divisions in the Fenway Store, some of which are consolidated for supervisory purposes. Each division (or consoli- dation of 2 divisions) has a division manager, and each of the 10 "large volume" divisions also has an assistant division manager. The record shows conclusively that all division managers responsibly direct and supervise sales employees and make effective recommendations ,concerning them. It further shows that every division manager has this authority and, at times, exercises it, whether or not he has "reg- ular" employees normally assigned to him. We find, therefore, that all division managers are supervisors within the meaning of the Act, and we shall exclude them from the unit.12 The assistant division managers are in charge of their respective di- visions when the division managers are absent, and exercise the author- ity of division managers at these times. These absences occur 1 full -day and 1 morning and evening each week. The assistant division managers are also in charge of their departments during lunch periods and while the division managers are on vacation. Accordingly, as the assistant division managers exercise supervisory authority for regular and substantial periods of time, we find that they are also supervisors within the meaning of the Act, and we shall exclude them from the unit.', Cases Nos. 1-RC-3813 and 1-RC-3827 The Employer operates seven retail stores in the Greater Boston area, referred to as the Boston Retail Group.14 The Fenway Store occupies the basement and part of the first floor of an 8-story building located between Fullerton Street and Brookline Avenue in Boston, 11 Sears Roebuck d Company, 91 NLRB 1411. 12 The Retail Clerks and the Employer stipulated that all division managers should be excluded from the unit This stipulation was later amended to read all division managers with one or more "regular" employees normally assigned to work under them, in order that the Council would join in the stipulation In its brief, however, the Council states it desires to withdraw fioin this stipulation and requests that all division managers be included in the unit We have considered this issue apart from the stipulation herein. 13 Sears Roebuck R Company, 90 NLRB No 152. (Not reported in printed volumes of Board Decisions and Orders ) 14 In addition to the Fenway Store, these retail stores are located in Cambridge , Waltham, Quincy, Woburn, Dlalden, and Norwood. SEARS ROEBUCK & COMPANY 563 with the Boston mail-order operation occupying the remaining 7 stories. The Brookline Avenue shipping and receiving floor is located on the Brookline Avenue side of the first floor of this building. The Employer also operates warehouses located at Somerville and Allston, Massachusetts. In Case No. 1-RC-3813, the Retail Clerks seeks a unit of central service employees at the Allston warehouse, including television and furniture deluxing shop employees , but excluding major appliance deluxing shop employees, warehouse and shipping and receiving em- ployees, and warehouse clerical employees.l5 In Case No. 1-RC-3827, the Teamsters requests a unit of all em- ployees at Allston and Somerville, including Brookline Avenue ship- ping and receiving floor employees and central service employees. The Council and the Employer agree that this is the only appropriate unit.l8 The Allston and Somerville warehouse employees and the Brookline Avenue shipping and receiving floor employees are all engaged in gen- eral warehousing activities. These three installations form an equi- lateral triangle, each being approximately 5 miles from the others. The Somerville warehouse and the Brookline Avenue shipping and receiving floor are deemed part of the mail -order operation, while the Allston warehouse is deemed part of the Boston retail groilp.17 Shuttle trucks move merchandise among these locations daily. Employees at Brookline Avenue handle all merchandise received or shipped by the Boston mail-order operation at that location and the Fenway Store. This includes a wide variety of small merchandise in addition to such "big-ticket" items as furniture, radio and television sets, washing machines, and refrigerators which have been sold off the floor at the Fenway Store. No deluxing activities are carried on here as such," although typewriters and jewelry are serviced and re- 15 The unit request appears as amended at the healing and in the Retail Clerks' brief Alternative unit requests of the Retail Clerks are discussed hereinafter. There are four classifications of employees in the central service department , namely: outside servicemen, inside servicemen , part' department employees, and office and clerical employees . A restaurant, which is operated on a concession basis, is also included in the central service department These employees have not been represented in the past, and none of the parties to this proceeding contend that they should now be included in any of the alleged appropriate units Accordingly , we shall exclude them from the unit herein- after found appropriate 10 Prior to 1947 , Allston warehouse employees and central service employees were located together in Dorchester , Massachusetts. From 1947 to 1951, central service had separate quartets at Cummington Street, Boston Thereafter, in 1951, the Dorchester and Cum- mington Street facilities were abandoned and the activities formerly carried on at those locations were transferred to the newly constructed warehouse in Allston. Employees re- ferred to hereinafter as Allston warehouse employees were located at the Dorchestoi ware- house until this transfer took place 17 Hiring and discharging of all employees at Allston are carried on separately at Allston Hiring and discharging of all employees at Brookline and Somerville are handled by the mail-order operation. 18 The term "deluxing" as used by the Employer means the testing and servicing of merchandise as to parts and appearance prior to its shipment. 369025-56-vol 112-37 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD paired; nor are there any service employees of the types found at the Allston and Somerville warehouses. Merchandise carried at Somerville includes such items as kitchen units, plumbing and heating supplies, building materials, rugs, and wire fencing which are not carried at Allston, as well as some major appliances such as refrigerators which are carried at both ware- houses. "Big-ticket" items are shipped directly to mail-order and retail-store customers throughout New England, including customers of the Boston retail group. When a member of the group sells an item not stocked at Allston, it will be shipped from Somerville to Allston for reshipment to the retail store or for shipment directly to the cus- tomer. Deluxing operations are performed on rugs and wire fencing, and there is also a unit of service employees who repair and service mechanical and electrical appliances. The Allston warehouse contains two departments; a warehouse de- partment and the central service department.19 Although there is a separate supervisor for each department, all employees at Allston are under the supervision of the warehouse manager. The primary func- tion of the Allston warehouse is to supply the Boston retail group with "big-ticket" merchandise, either by shipping such items to the stores for sale or by shipping directly to customers who have placed their orders through these retail stores. The primary function of the em- ployees in the central service department is to install, repair, and serv- ice merchandise purchased from stores comprising the Boston retail group, although they also perform these services on merchandise pur- chased by customers in the Boston area from the mail-order operation. Outside servicemen install and service almost all electrical and me- chanical appliances sold by the Employer, such as stoves, electric ranges, automatic washing machines, air-conditioning units, refrigera tors, heaters, and radio and television sets. Inside servicemen work in the mechanical shops, and repair such appliances as electric motors, outboard motors, lawnlnowers, radio and television sets, and various small electrical appliances. Parts department employees supply parts to inside and outside servicemen, and to servicemen working in the deluxing shops. Clerical employees handle the paper work pertain- ing to the services the department renders.20 The warehouse department at Allston includes the television, furni- ture and major appliance deluxing shops, where "big-ticket" items are given a final check prior to shipment to retail stores or to customers. Servicemen in these shops assemble and test television sets; polish and remove scratches from furniture and radio and television cabinets; 19 The designation "central service " means a central or unified service function performed for customers and retail stores of the Employer. 21 The central service department, at the time of the hearing, contained 28 to 31 outside servicemen , 10 to 16 inside servicemen , 4 parts department employees , and approximately 6 clerical employees SEARS ROEBUCK & COMPANY 565 and assemble, test, service, and deluxe major appliances.21 The dehix ing shops are located between the warehouse and the shipping and re- ceiving sections, and the lines of immediate supervision for employees working in these shops are those within the warehouse department. The partitions of these shops are on tracks so that they may be rolled back to permit "big-ticket" mechandise to be moved in from the ware- house section and, after work in the shops is completed, to permit re- moval of these items to the shipping department. Since 1947, the Employer and the Teamsters have negotiated a se- ries of alleged contracts for a unit composed of warehousemen at Brookline Avenue, Allston, and Somerville, including major appliance deluxing shop employees and some central service employees.22 The last alleged contract covering these employees became effective Feb- ruary 1, 1954, to run until January 31, 1956. The Teamsters and the Employer stipulate that there is no bar to the present petitions. The Retail Clerks, however, objects to considering these understandings as contracts, as they were never executed by the parties. The documents in question are in the form of letters from a Federal Mediation and Conciliation Service Commissioner, addressed to the Teamsters and the Employer, in which are set forth contract terms negotiated and agreed to by representatives of these parties in the presence of the commissioner. Without deciding whether these documents could constitute a valid contract bar, we find that the understandings which they embody and the implementation thereof by the parties show a history of collective bargaining coextensive with these three opera- tions. During the above period, the Council represented television and furniture deluxing shop employees; auditing department, warehouse and central service clerical employees; central service outside service- men; and the remainder of the central service inside servicemen. In its brief, the retail Clerks requests a unit composed solely of cen- tral service employees. In the alternative, it seeks a unit of all central service employees including or excluding any or all of the deluxing shop employees and the auditing department employees. In support of its contention for a unit of central service employees alone, the Re- tail Clerks cites the Board's 1950 decision.23 In that case, the Board held that the Dorchester furniture and major appliance deluxing shop employees and the Cummington Street central service employees could not be included in a unit with Fenway Store employees. And, without making a finding that such units were appropriate, the Board stated 21 At the time of the hearing, there were 7 employees in the furniture shop, 5 in the major appliance shop, and 1 in the television shop. Theie are also approximately 40 warehouse and shipping and receiving employees, approximately 10 warehouse clerical employees, and approximately 10 auditing department clerical employees located in the Allston warehouse 22 These contracts coveted central service pat is depaitment emploNeee and some central service inside servicemen 21 Seats Hoebucb f Company, 91 NLRB 1411 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that it would not direct elections in separate units at Dorchester and Cummington Street because the Retail Clerks did not have a sufficient showing of interest in either unit.24 However, apart from whether or not the Board there passed upon the appropriateness of a central serv- ice department unit, such a determination would not be binding upon us at the present time. This is so, especially in view of the change in conditions that has taken place since 1950, such as the consolidation of the Cummington Street and Dorchester operations at Allston and their integration with the warehouse operations at that location, and in the absence of any bargaining history for such a unit of employees.25 As already pointed out, the bargaining to date for central service de- partment employees has been divided between the Council and the Teamsters, and the Council has included within its grouping deluxing shop employees, warehouse clerical employees, and auditing depart- ment clerical employees, all of whom are outside the central service department. In addition to having common supervision from the warehouse man- ager, all employees at Allston are centrally hired, work a standard 40-hour week with time and one-half for overtime, are subject to the same paid holiday provisions and similar paid vacation plans, and are eligible for the same benefits provided by the Employer, such as profit sharing, discounts, insurance, sick benefits, and hospitalization and surgical benefits. As to wages, the Employer has always nego- tiated pay increases with the Teamsters, and thereafter agreed to the same provisions for employees represented by the Council. The record shows that employees have been permanently transferred within the Allston warehouse without regard to which union represented the classification involved, and without regard to whether the change re- sulted in an employee moving from the warehouse or shipping and receiving sections to the deluxing shops or to the central service de- partment. Also, all servicemen from central service and the deluxing shops attend the same training meetings conducted by the Employer. Further, the Retail Clerks can point to no bargaining history coexten- sive with a unit of central service employees or with any of its pro- posed alternative units. Rather, representation of the various central service and deluxing shop classifications in the past appears to have been conducted on a haphazard and completely illogical basis by the Teamsters and the Council, with each union representing such em- ployees as it could organize without regard to the type of units which resulted. Indeed, the Employer, the Council and the Teamsters recog- nize, in effect, the inappropriateness of such units, and are now will- ing to end the functional incoherence which exists at Allston by in- See footnote 16, supra 5 We also note that the Teamsters , who represented the warehouse employees at Dor- chester and some of the central service employees at that time, was not a party to that proceeding SEARS ROEBUCK & COMPANY 567 eluding all these employees in one unit for purposes of collective bargaining. A unit consisting solely of central service employees at Allston would exclude employees performing similar work requiring similar skills in the deluxing shops. Such a unit would also ignore the in- terests in common not only between central service employees and de- luxing shop employees, but which are shared by all employees at the Allston warehouse. It is thus not a functionally coherent department. The alternative unit request for a unit composed of central service employees and any or all of the deluxing shop employees is likewise vulnerable, for it would ignore lines of supervision and would include some employees under entirely different immediate supervision while excluding other related employees under that same immediate supervi- sion, and would not conform to any functional pattern of the Employ- er's operations. Likewise, the Retail Clerks' contention that such a unit is appropriate because it would include all skilled employees at Allston lacks merit, as it does not appear, nor is it claimed, that the so- called skilled employees are craftsmen; moreover, any such unit com- bination would also embrace unskilled parts department employees and a segment of the plant clerical employees. Accordingly, we find that neither the unit primarily sought by the Retail Clerks nor any of the requested alternative units are appro- priate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act, and we shall, therefore, dismiss the petition in Case No. 1-RC-3813. As already indicated, the Teamsters, the Council and the Employer agree as to the appropriateness of the unit requested by the Teamsters consisting of all employees at Somerville and Allston, including Brookline Avenue shipping and receiving floor employees and cen- tral service employees at Allston. All three facilities receive, process, and ship merchandise to retail stores and to customers. Deluxing op- erations are performed on different items of merchandise at Allston and Somerville, and repairmen test and service electrical and mechani- cal appliances at both these locations. In addition, central service em- ployees install and service "big-ticket" items shipped to customers from all three of these facilities. Also, there is a great similarity in classifications, skills, and types of work performed among the em- ployees at Allston, Somerville, and Brookline, including central serv- ice employees at Allston. And, not only is merchandise moved among these 3 installations daily, but the record also shows that employees are frequently transferred among the 3 locations, and that employees who are laid off at 1 installation are given the opportunity to fill vacancies at the others before new employees are hired. Accordingly, in view of the high degree of integration of operations, the frequent interchange of employees among the three locations, the 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mutuality of interests among the requested employees , and the already mentioned bargaining history which is virtually coextensive with the agreed unit,26 we find the agreed unit to be appropriate. Accordingly, we therefore find that the following groups of employ- ees constitute units appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : 1. All selling and nonselling employees at the Employer's Fenway Store in Boston, Massachusetts, including auditing department em- ployees, credit department employees, collection department employ- ees, unit control department employees , customers' service department employees, ladies' wear department employees , and regular part-time employees, but excluding group office personnel , personnel department employees , leased department employees , group advertising employees, reserve group traineees, employee cafeteria personnel , service station employees, drivers and helpers, contingent employees , casual peak sea- son employees, secretaries to executives , executives, guards, division managers, assistant division managers, and supervisors as defined in the Act. 2. All employees of the Employer at its warehouses located in Alls- ton and Somerville , Massachusetts, including Brookline Avenue ship- ping and receiving floor employees , central service department and auditing department employees located at Allston, office and clerical employees at Brookline, Allston, and Somerville,27 and regular part- time employees , but excluding professional employees , employee cafe- teria personnel, secretaries to executives, executives, guards, and supervisors as defined in the Act. Determination of Representatives The Employer seeks to exclude employees whom it classifies as regu- lar part-time employees , full-time extra employees, and part-time extra employees . It contends that such employees do not have inter- ests in common with the other employees because they are not eligible for certain benefits provided by the Employer until they have worked 30 hours per week for 24 weeks, or have worked 720 hours within the "The Retail Clerks questions the appropriateness of including the Brookline Avenue shipping and receiving floor employees in this unit in view of the fact that there are approximately 1,000 mail-order operation employees on the upper 7 floors who have never been represented by any labor organization. However, the Brookline shipping floor is not tied in with the remainder of the mail-order operation , job classifications are substantially different , there is no evidence of any interchange of employees , and the Brookline shipping and receiving floor has its own supervision which has no authority in the rest of the building Moreover , it is clear from the record that the interests of the Brookline ship- ping and receiving employees are virtually identical with the interests of the Somerville and Allston warehouse employees , together with whom they have been represented by the Teamsters for a pe- nod in excess of 7 years 11 While office and clerical employees at Somerville and Brookline Avenue were not pre- viously bargained for by the Teamsters as part of the comprehensive unit , they are indis- tinguishable from other office and clerical employees who have in fact been bargained for in the past by the Council , and they are being included in accordance with the request of the Employer and the Council. WAGNER-WOOD COMPANY 569 preceding 12-month period.28 Regular part-time employees are em- ployees who work a minimum of 30 hours but less than the standard 40 hours each week, and who have not as yet qualified as regular em- ployees under the Employer's formula. Full-time extra employees are employees hired to fill a vacancy in the selling force, and who work a full workweek, but who have not as yet worked 24 weeks or 720 hours. Part-time extra employees are employees who work 8 to 20 hours per week for approximately 8 months in the year, but who never accumu- late 720 hours of employment within a 12-month period.29 These em- ployees do the same work as "regular" employees. Accordingly, as these employees are either full-time employees or regular part-time employees, we shall follow our customary procedure and include them in the units found appropriate under paragraph 4, supra, and shall permit them to vote in the elections hereinafter directed.3o [The Board dismissed the petition in Case No. 1-RC-3813.] [Text of Direction of Elections omitted from publication.] MEMBER LEEDOM took no part in the consideration of the above Decision, Order, and Direction of Elections. 28 The Employer does not classify an employee as a regular employee until he has met these standards. The Employer contends that although some of these employees may be within the appro- priate unit , they should be precluded from voting However, as the present policy of the Board is to grant all employees included in the appropriate unit the privilege of voting in the election , we shall consider these employees on the basis of whether or not they should be included in the appropriate units. 29 In the Fenway Store, most part-time extra employees work on Saturdays and week- day evenings, and are employed in both the selling divisions and the nonselling departments. The record does not indicate in what capacity any of these disputed employees work at Brookline , Somerville, or Allston ° Sears Roebuck & Company, 106 NLRB 242. In Case No. 1-RC-3814, the parties stipulate that full- time and part-time extra employees employed only during such peak seasons as Christmas and Easter be excluded from the appropriate unit at the Fenway Store Wagner-Wood Company and Miami Valley Carpenters District Council, United Brotherhood of Carpenters and Joiners of America, AFL and General Truck Drivers, Chauffeurs, Ware- housemen and Helpers of America, Local 957, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, Petitioners. Cases Nos. 9-RC-24115 and 9-RG-22416. April 29, 1955 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Joe F. Odle, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 112 NLRB No. 75.