John Wanamaker, Philadelphia, Inc.

452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD John Wanamaker, Philadelphia, Inc. and International Brotherhood of Painters & Allied Trades, AFL- CIO, Local Union No. 1159, Petitioner. Case 4-RC- 9308 February 17, 1972 DECISION ON REVIEW AND ORDER BY MEMBERS FANNING, JENKINS, AND KENNEDY On November 12, 1971, the Regional Director for Region 4 issued a Decision and Direction of Election in the above-entitled proceeding in which he found appropriate a unit of display department employees at the Employer's Philadelphia, Pennsylvania, main de- partment store. Thereafter, in accordance with the Na- tional Labor Relations Board Rules and Regulations, the Employer filed a timely request for review of the Regional Director's Decision on the grounds that, in reaching his unit determination , the Regional Director departed from established policy and made findings of fact which are clearly erroneous. On December 7, 1971, the National Labor Relations Board, by telegraphic order, granted the request for review and stayed the election pending decision on re- view. Pursuant to Section 3(b) of the National Labor Rela- tions Act, as amended, the Board has delegated its authority in this proceeding to a three-member panel. The Board has reviewed the entire record in this case with respect to the issues under review and makes the following findings: The Petitioner seeks a unit of 26 employees of the Employer's 45 display department employees, such unit consisting of all window trimmers , designers, fash- ion coordinators , and construction artists working throughout six of the Employer's nine subdivisions of its display department . The Regional Director found appropriate a unit of all display department employees in all nine subdivisions, including window trimmers, display trimmers, designers, fashion coordinators, con- struction artists , propmen, shipmen, scenic artists, and scenic designers employed at the Philadelphia, Penn- sylvania, department store; excluding all carpenters, painters, electricians , office clerical employees, guards, and supervisors as defined in the Act . The Employer contends that the only appropriate unit consists of all its Philadelphia store employees , with the customary exclusions. The Employer operates nine retail department stores located in Pennsylvania , New York, New Jersey, and Delaware . Only the main store located in Philadelphia, Pennsylvania, is involved in this proceeding. The record indicates the painters , carpenters, elevator con- ductors, and certain employees in men's and women's $125 per week 195 NLRB No. 82 clothing departments have a history of collective bar- gaining. Other employees are unrepresented. The record discloses that the display department is divided into nine subdivisions-home furnishings, la- dies' fashions, fashion coordination, various interior shops, men's store, budget store, sign shop, special events shop, and scenic artists . The subdivisions are under the immediate supervision of the Display Direc- tor and his assistant. The Director reports to the Em- ployer's vice president who is in charge of the sales promotion, public relations, and advertising depart- ments. The display department employees have an office on the 10th floor, but work throughout the store, prepar- ing window and floor displays in every area . The dis- play department employees in each of the subdivisions consult with management personnel in the departments for which they prepare displays , occasionally do layout sketches, and install displays. The display employees do some light carpentry and painting, but for any ex- tensive preparations required for their displays, they depend primarily on the carpenters, painters, electri- cians, and furniture movers. The display department subdivisions' work is an ad- junct to the various selling departments of the store. The supervisors of the subdivisions , the scenic artist and two scenic designers , receive directions from the home coordinator, the fashion director for regular fash- ions, and the display department director and his assis- tant. In addition, they are guided by fashion pamphlets put out for storewide distribution , by personnel from the various selling departments, and by the storewide fashion show done twice each year for the employees of the store. The record indicates that all employees in the store receive identical fringe benefits, including hospitaliza- tion, insurance, vacations, and holidays. With the ex- ception of the scenic artist and the two designers the wage rate for the display employees is the same as that paid other store employees .' The display department employees use the same timeclock , cafeteria, and other work-related facilities as other employees and are not distinguished from other store employees by costume or appearance . Moreover, many other store employees perform display functions on a regular basis in the diamond department , the sewing and fabric depart- ments, men's wear, ladies' wear, and other depart- ments. Job applicants for the display department generally need have no special job qualifications or experience. The display department employees work from 9 a.m. to 5:15 p.m .; other store employees work various shifts, ' Three-quarters of the display department employees make less than JOHN WANAMAKER, PHILADELPHIA, INC. beginning as early as 7 a.m., with most selling em- ployees working from 10 a.m. to 6 p.m. From the foregoing, we conclude, contrary to the Regional Director, that no basis exist herein for finding appropriate a unit of the requested display department employees. As above indicated, these employees have interests closely related to other selling and nonselling store employees. They work in many different areas of the store, have no special training or skills, and receive the same wage rates and benefits as other employees. Under the circumstances, we find that they are an arbi- trary segment of employees in Employer's main store and do not constitute an appropriate unit for purposes of collective bargaining.' Accordingly, as the Petitioner ' Sears, Roebuck & Co., 194 NLRB No. 4$. The Board has on occasion 453 does not seek to represent a broader unit, we shall dismiss the petition. ORDER It is hereby ordered that the petition herein be, and it hereby is, dismissed. found appropriate units of display employees in retail department store operations. See Stern 's Paramus, 150 NLRB 799, 803 However, to warrant such a finding the display employees sought to be represented separately must be shown to share a substantial community of interest, apart from other different interests and working conditions , or close links with managerial employees. See W. J Sloane. Inc., 173 NLRB 1387, Goldblatt Brothers, Inc. (Central Display), 86 NLRB 914, Lit Brothers Division of City Stores Com- pany, 103 NLRB 1017, Dey Brothers & Co., 85 NLRB 689, Frederic Loeser & Company, Inc., 85 NLRB 281