Sullivans' Smythfield

In the Matter Of WARD SULLIVAN AND CURTIN SULLIVAN , COPARTNERS, DOING BUSINESS UNDER THE NAME OF SULLIVANS' SMYTHFIELD and UNITED RETAIL, WHOLESALE & DEPARTMENT STORE EMPLOYEES OF AMERICA, LOCAL 18, AFFILIATED WITH THE C. I. O. Case-No. B-2808.-Decided August 15, 1941 Jurisdiction : dry goods wholesaling industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to accord union recognition; election necessary. Unit Appropriate for Collective Bargaining : all employees, excluding executives, confidential employees, buyers, heads of departments, and road salesmen ; agreement as to. Mr. Samuel B. Fortenbaugla, Jr., of Philadelphia, Pa., for the Company. Mr. Louis F. McCabe, of Philadelphia, Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 19 and July 21, 1941, respectively, United Retail, Whole- sale & Department Store Employees of America, Local 18, affiliated with the C. I. 0.. herein called the Union, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a peti- tion and an amended petition alleging that a question affecting coin- merce had arisen concerning the representation of employees of Ward Sullivan and Curtin Sullivan, Copartners, doing business under the name of Sullivanss Smythfield, Philadelphia, Pennsylvania, herein called the Company, 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 July 14, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon i due notice. 34 N. L. R. B., No. 50 305 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 22, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on July 28, 1941, at Philadel- phia, Pennsylvania, before Geoffrey J. Cunniff, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hear- ing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. During the.course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Sullivans' Smythfield is a copartnership consisting of Ward Sulli- van and Curtin Sullivan, who are engaged in the wholesale dry goods business at Philadelphia, Pennsylvania. During 1940 the Company purchased about $800,000 worth of materials, approximately all of which were secured from points outside the Commonwealth of Penn- sylvania. During the same period, the Company sold goods valued at about $1,000,000, approximately 60 per cent of which were shipped to points outside the Commonwealth of Pennsylvania. The Com- pany admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED United Retail, Wholesale & Department Store Employees of America, Local 18, is a labor organization affiliated with the Congress of Industrial Organizations . It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In June 1941 the Union requested the Company to recognize it as the exclusive representative of its employees. The Company denied the request. A statement of the Regional Director, introduced in evi- dence at the hearing, shows that the Union represents a 'substantial number of employees in I he alleged appropriate unit.' The Regional Director reported that the Union presented 18 application for membership cards bearing the names of persons who appear on the Company's pay roll of June 19, 1941. There are 30 employees on this pay roll in the alleged appropriate unit. WARD, 1S9ULLPVAN E(P A.Z. 307 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agreed at the hearing, and we find, that all employees at the 1218 Arch Street Building of the Company, ex- cluding executives, confidential employees, buyers, heads of depart- ments, and road salesmen, constitute a unit appropriate for the purposes, of collective bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. We shall direct that all employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Ward Sullivan and Curtin Sullivan, Copart- ners, doing business under the name of Sullivans' Smythfield, Phila- delphia, Pennsylvania, within the meaning of Section 9 (c) and 2 (6) and (7) of the National Labor Relations Act. 2. All employees at the 1218 Arch Street Building of the Company, excluding executives, confidential employees, buyers, heads of depart- ments and road salesmen, constitute a unit appropriate for the purposes of collective bargaining, within, the meaning of Section 9 (b) of the National Labor Relations Act. 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Ward Sullivan and Curtin Sullivan, Copartners, doing business under the name of Sullivans' Smythfield, Philadelphia, Pennsylvania, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regula- tions, among all employees at the 1218 Arch Street Building of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not, work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding executives, confidential employees, buyers, heads of departments, road salesmen, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Retail, Wholesale & Depart- ment Store Employees of America, Local 18, affiliated with the Con- gress of Industrial Organizations, for the purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.