Fashion Mills, Inc.

FASHION MILLS, INC., ETC. 731 of rights," Petitioners have for all practical purposes continued to bargain jointly as members of Council in the overall, certified unit. In view of the above, we find that Petitioners have taken a position entirely inconsistent with their attempts to establish that questions concerning representation exist with respect to employees here sought to be severed.13 We further find that, under these circumstances, it will not effectuate the policies of the Act to permit the Petitioners to proceed with their petitions. Accordingly, we shall dismiss the peti- tions herein. We find, therefore, that no questions affecting commerce exist con- cerning the representation of employees of the Employer within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. [The Board dismissed the petitions.] 1' we deem Petitioners' statements purporting to reserve their rights in Board pro- ceedings to be ineffectual, in view of Petitioners' continued participation in, and acceptance of, councilwide bargaining 13 See American Radiator and Standard Sanitary Corporation (Louisville Works), 119 NLRB 204; Hollingsworth & Whitney Division of Scott Paper Company, 115 NLRB 15. It does not appear that the Employer has raised any question of majority status as affecting these employees ; there is an indication that Petitioners seek by virtue of this proceeding to clarify certain work assignments currently in dispute. Fashion Mills, Inc.; Goldsmith, Inc.; M-N-L Co.; Goldbar, Inc.; Glass Corner, Inc.; Al Schecter d/b/a Algert Jewelry Co.; Faber Bakery, Inc.; Klimat Master Aluminum Products Co., Inc. and Retail Store Employees Union Local No. 1099, Retail Clerks International Association, AFL-CIO, Petitioner. Case No. 9-RC-3800. May 13, 1960 DECISION, ORDER, AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, a hearing was held before Mark Fox, 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 proceeding to a three-member panel [Chairman Leedom and Members Bean and Fanning]. Upon the entire record in this case, the Board finds : 1. The eight enterprises involved herein operate retail self-service concessions in a supermarket called "Fashion Mills" in Hamilton, Ohio. The supermarket is leased by Fashion Mills, Inc., and sub- leased to the other enterprises.' Goldsmith sells ladies' and childrens' 1 Hereinafter called Fashion Mills, Goldsmith , M-N-L, Goldbar, Glass Corner, Algert, Faber's, and ,Klimat, • respectively: 127 NLRB No. 90. 732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ready-to-wear items; Goldbar sells men's and boys' furnishings, phonograph records and household linens; M-N-L sells shoes; Glass Corner sells toys and glassware; Faber's operates a bakery; Algert sells jewelry; and Klimat sells storm doors and allied products. The Petitioner contends that all eight enterprises constitute a single Employer for jurisdictional and unit purposes, because of common ownership, control, and functional integration. While opposing this contention at the hearing, seven of the companies have since the hear- ing advised the Board that, in their view, the most appropriate unit is one composed of all enterprises at the Fashion Mills market. The only company not joining in this posthearing statement was Klimat Master. It is clear from the record that Klimat is not under the same ownership or control as any of the other companies, and Petitioner, in its brief to the Board, concedes that the Board may properly exclude it from the unit. In view of the agreement of the parties as to the appropriateness of a unit comprising all the foregoing seven companies, we find that they constitute a single unit for jurisdictional as well as unit purposes. As the record shows that all seven companies together, during 1958, purchased goods valued in excess of $50,000 from suppliers outside that State of Ohio, and made gross sales in excess of $500,000, we find that they are engaged in commerce and that it will effectuate the policies of the Act to assert jurisdiction over them as a single entity.' With respect to Klimat, a posthearing stipulation entered into by all parties shows that it is no longer operating at the Fashion Mills location. Accordingly we shall dismiss the petition with respect to it.3 2. The labor organization involved claims to represent certain employees of the foregoing companies, which we have found to consti- tute a single Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9(c) (1) andSection2(6) and (7) of the Act. 4. The following employees of the Employer (Fashion Mills, Inc.; Goldsmith, Inc., M-N-L. Co., Goldbar, Inc., Al Schecter d/b/a Algert Jewelry Co., Faber Bakery, Inc., and Glass Corner, Inc.), located at 1910 Fair Grove Avenue, Hamilton, Ohio, constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : 2 Carolina Supplies and Cement Co., 122 NLRB 88 8 The Petitioner has more recently filed with the Board a "Union Acceptance of Em- ployer's Modified Statement of Position ," In which it accepted and consented to the Employer's proposed unit. In this statement the Petitioner asserts that , in addition to Klimat, ^ Faber's has also ceased doing business at Fashion Mills. However, in the absence of a stipulation or agreement of the parties that Faber's has ceased operations at Fashion Mills , the Regional Director shall proceed with the election directed below in the unit hereinafter found appropriate, unless , before the actual conduct of the election, it is established to his satisfaction that Faber's has ceased operations at Fashion Mills, In which event he shall dismiss the petition as to Faber's. 0. E. McINTYRE, INC. 733 All regular full-time and regular part-time employees, excluding casual employees, guards, and supervisors 4 as defined in the Act. [The Board dismissed the petition insofar as it relates to Klimat Master Aluminum Products Co., Inc.] [Text of Direction of Elections omitted from publication.] 4 The Petitioner would exclude as a supervisor, and the Employer would include, Jerry Bowling. As the record shows that this individual staples, prices , and sells merchandise but has no authority to hire, discharge, or otherwise affect the status of others , we shall include him. Apart from the status of Bowling, the record shows no dispute as to the categories of employees to be included in the unit. O. E. McIntyre, Inc. and Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent and Local 1922 , International Brother- hood of Electrical Workers, AFL-CIO, Petitioners. Cases Nos. 2-RC-10399 and 2-RC-10403. May 13, 1960 DECISION, ORDER, AND DIRECTION OF ELECTION Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Joan Zweifel, 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 these cases to a three- member panel [Chairman Leedom and Members Rodgers and Fanning]. Upon the entire record 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. 3. A 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. 4. The Petitioner in Case No. 2-RC-10399, Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent, hereinafter called the Teamsters, primarily seeks a unit of truckdrivers, tractor-trailer drivers,' forklift operators, and stock handlers III at the Employer's plant and warehouses at Westbury and Farmingdale, New York. In the alternative, the Team- sters seek a unit of drivers and forklift operators, either (1) excluding all stock handlers, or (2) including only stock handlers in the shipping and receiving department. The Petitioner in Case No. 2-RC-10403, 127 NLRB No. 101.