The Fair

In the Matter of THE FAIR, A CORPORATION, and DEPARTMENT STORE EMPLOYEES UNION, LOCAL No. 291, OF UNITED RETAIL WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA, C. I. O. Case No. 2629.-Decided July 0, 19411 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Jack G. Evans, for the Board. Mr. Ralph E. Bowers, of Chicago, Ill., for the Company. Mr. Francis Heisler, of Chicago, Ill., for the C. I. O. Mr. Morris Maus, of Chicago, Ill., for the A. F. of L. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On' April 30, 1941, Department Store Employees Union, Local No. 291, of United Retail, Wholesale and' Department Store Employees of America, C. I. 0., herein called the C. I. 0., filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleg- ing that a question affecting commerce had arisen concerning the repre- sentation of employees of The Fair, of Chicago, Illinois, herein called the Company, engaged in general retail business in Chicago, Illinois, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 19, 1941, the Company, the C. I. 0., International Brotherhood of Teamsters, Chauffeurs, Ware- housemen, and Helpers Union of America, by and through Local 725 and 711 (A. F. of L.), herein called the A. F. of L., a labor organi- zation claiming to represent, employees of the Company, and a repre- sentative for the National Labor Relations Board, herein called the Board, entered into a "Stipulation For Certification Upon Consent Election." On May 23, 1941, the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, ordered, nwnc pro tune as of May 19, 1941, an investigation and 'authorized 33 N. L. R. B., No. 24. 113 114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director to conduct it and to provide for an appropriate hearing upon. due notice. Pursuant to the Stipulation, elections by secret ballot were con- ducted on May 27, 1941, under the direction and supervision of the Regional Director among the following employees: 1. All employees in the State Street Store, Warehouse, and Garages of the Company, described in Appendix "A," attached hereto, to deter- mine whether or not they desire to be represented by the C. I. O., for the purposes of collective bargaining. 2. All truck drivers and truck drivers' helpers at. the Company's Warehouse and the Garages, 'excluding supervisors, to determine - whether they desire to be represented by the C. I. 0., by the A. F. of L., or by neither for the purposes of collective bargaining. On June 4, 1941, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Regional Director reported as follows concerning the balloting and its results : (Employees in the State Street Store, the W arehouse and the Garages) Total number on eligibility list___________________________ 1, 592 Total number of ballots cast____________________________ 1,404 Total number of ballots challenged_______________________ 25 Total number of blank ballots_____________________________ 2 Total number of void ballots____________________________ 3 Total number of ballots cast for the C. I. O. Union ---------- 1,167 Total number of ballots cast against the C. I. O. Union ---- 207 (Truck drivers, helpers in the Warehouse and Garages) Total number on eligibility list______________________________ 126 Total number of ballots cast --------------------------------- 112 Total number of ballots challenged --------------------------- 1 Total number of blank ballots______________________________ 0. Total number of void ballots________________________________ 0 Total number of ballots cast for the C. I. C. Union ----------- 6 Total number of ballots cast for the A. F. of L. Union ------- 94 Total number of ballots cast for Neither____________________ 11 Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the re- presentation of employees of The Fair, a corporation, Chicago; Illi- nois, at its State Street Store,: Warehouse, and Garages, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. THE FAIR: .. l IJ 2. All employees of the Company in the State Street Store, the Warehouse, and the, Garages, listed in Appendix A, attached, hereto, connstitute• a unit appropriate for the purposes of collective bargain= ing, within the meaning of Section 9 (b) of 'the Act. 3. Department Store Employees Union Local No., 291, of United Retail, Wholesale and Department Store Employees of America, C. I. '0., has been designated and selected by a majority of the em- ployees in the above unit as their representative for the purposes of collective bargaining and is the. exclusive representative, of all em- -=riloyees'-iii, said--unit;:-within the "meaning of Section 9 (a) of the National Labor Relations Act. 4. All truck 'drivers and truck drivers' helpers at the Company's Warehouse and Garages, excluding supervisors, constitute a unit ap- propriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 5. International Brotherhood; of Teamsters, Chauffeurs. Warehouse- men, and Helpers Union of America, by and through Local 725 and 711 (A. F. of. L.), has been designated and selected by a majority of the employees in the last-mentioned unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the. employees. in said unit within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION'-OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c). of the National Labor Relations Act, IT Is HEREBY CERTIFIED that Department Store Employees Union, Local No. 291, of United Retail, Wholesale and Department Store Employees of America, C. I. 0., has been selected by a majority of all employees listed in Appendix "A" at the State Street Store, Ware- house and Garages of The ,Fair, a corporation, Chicago, Illinois, as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, Department Store Employees Unix 1;; Local ,No. 291, of :United Retail, Wholesale and Department Store Employees of America; C. I. -0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to' rates of pay, wages, hours of employment, and other conditions of employment; IT IS HEREBY FURTHER CERTIFIED that International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers Union of America, by and through Local 725 and 711 (A. F. of L.), has been selected by a majority of all truck drivers and truck drivers' helpers at the Ware- house and Garages of The Fair, a corporation, Chicago, Illinois, excluding supervisors, as their representative for the purposes of col- 450122-42-vol. 33-9 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lective bargaining and that, pursuant to Section 9. (a) of the Act, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers Union of America, by and through Local 725 and 711 (A. F. of L.), is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. APPENDIX A All selling and non-selling employees at the State" Street Store, including window trimmers, sign writers, audit, credit and accounts payable employees, and stenographers and typists not engaged in a confidential capacity, but excluding executives, superintendents., floormen, supervisors, buyers and assistant buyers, confidential em- ployees, artists, copywriters, pay-roll department, employment office, special service employees, statistical division of the comptroller's office, training department, demonstrators paid one-half or more by manu- facturers, and leased departments, and such crafts as have agreements with the company, namely, carpenters, painters, electricians, operating engineers, engine-room employees, escalator and elevator maintenance mechanics, steamfitters, plumbers, and butchers; and further including All employees at the Warehouse, the Garages, but excluding super- visors, truck drivers, and truck drivers' helpers.