Montgomery Ward & Co.

In the Matter of MONTGOMERY WARD & COMPANY and RETAIL CLERKS INTERNATIONAL PROTECTIVE ASSOCIATION (A. F. OF L.) In the Matter of MONTGOMERY WARD & COMPANY and UNITED RETAIL, WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA (C. I. 0.) Cases Nos. R-3023 and R-30211, SUPPLEMENTAL DECISION DIRECTION OF RUN-OFF ELECTION AND CERTIFICATION OF REPRESENTATIVES November 08, 1941 On October 11, 1941 ," the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceedings.' Pursuant to the Direction of Elections, elections by secret ballot were conducted on November 1, 1941, under the direction and supervision of the Regional Director for the Seventh Region ( Detroit, Michigan). On November 6, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Elections Report on the ballots. No objections to the conduct of the ballots or the Elections Report have been filed by any of the parties. As to the balloting and its results , the Regional Director reported as follows: 15400 Grand River Avenue, Detroit, Michigan, Store Total on eligibility -list -------------------------------------- 436 Total ballots cast------------------------------------------- 360 Total ballots challenged------------------------------------- 4 Total blank ballots ----------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes cast_______________________________________ 356 Votes cast for Retail Clerks International Protective Associa- tion, A. F. L--------------------------------------------- 8 Votes cast for United Retail, Wholesale and Department Store Employees'of America; C. I. 0----------------------------- 322 Votes cast for neither--------------------------------------- 26 136 N., L. R. B. 69. 37 N. L. R. B., No. 3. 9 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 14455 Grati-ot Avenue, Detroit, Michigan, Store Total an eligibility list------------------------------------- 317 Total ballots -----------------z-------------------------- 257 Total ballots challenged ------------------------------------ 5 Total blank ballots----------------------------------------- 0 Total void ballots ------------------------------------------ 0 Total valid votes cast ---------------------- ---------------- 252 Votes cast -for Retail Clerks International Protective Associa- tion, A. F. L--------------------------------------------- 8 Votes cast for United Retail, Wholesale and Department Store Employees of America, C. I. 0----------------------------- 237 Votes cast for neither-------------------------------------- 7 13551 Machagan Avenue, Dearborn, Michigan, Store Total on eligibility list-------------------------------------- 343 Total ballots cast ------------------------------------------ 284 Total 'ballots challenged ------------------------------------ 1 Total blank ballots----------------------------------------- 2 Total void, ballots ------------------------------------------ 0 Total valid votes cast-------------------------------------- 281 Votes cast for Retail Clerks International Protective Associa- tion, A F. L---------------------------------------------- 5 Votes cast for United Retail, Wholesale and Department Store Employees of America, C. I. 0----------------------------- 259 Votes cast for neither--------------------------------------- 17 400 South Washington Avenue, Royal Oak, Michigan, Store Total on eligibility list------------------------------------- 189 Total ballots cast ------------------------------------------ 154 Total ballots challenged ---------------------------- ------- 0 Total blank ballots----------------------------------------- 0 Total void ballots ----------------------------------------- 0 Total valid votes cast--------------------------------------- 154 Votes cast for Retail Clerks International Protective Associa- tion, A. F. L--------------------------------------------- 49 Votes cast for United Retail, Wholesale and Department Store Employees of America, C. I. 0---------------------------- 66 Votes cast for neither--------------------------------------- 39 Since the challenged ballots cannot affect the ultimate results of any of the elections, we find it unnecessary to make any determination with respect thereto. On November 12, 1941, United Retail, Wholesale and Department Store Employees of America (C. I. 0.) filed a formal request for a run-off election to be conducted by the Board among the employees of the Royal Oak Store. Although neither of the competing labor organizations received a majority of the votes cast in the election at the Royal Oak store, the results of this election show that a substantial majority of employees voting desire to bargain collectively with the Company. Accordingly, we shall direct a run-off election among the employees of the Royal Oak store, in which they will be given an op- MONTGOMERY WARD & -COMPANY 11 portunity to decide whether they desire to be represented by Retail Clerks'International Protective Association, affiliated with the A. F. of L., or by United Retail, Wholesale and Department Store Em- ployees of America, affiliated with the C. I. O., for the purposes of col- lective bargaining. DIRECTION OF RUN-OFF 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, 49 State. 449, and pursuant to Article III, Sections 8 and 9, 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 Montgomery Ward & Company, Chicago, Illinois, 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 of Run-off Election, under the direction and supervision of the Regional Director for the Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the Company's store at 400 South Washington Avenue, Royal Oak, Michigan, who were eligible to vote in the election conducted on November 1, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Retail Clerks International Protective Association, affiliated with the A. F. of L, or by United Retail, Wholesale and Department Store Employees of America, affiliated with C. I. 0., for the purposes of collective bargaining. 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, 49 Stat. 449, and pursuant. to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Retail, Wholesale and Depart- ment Store Employees of America, affiliated with the C. I. 0., has been designated and selected by a majority of the employees at the 15400 Grand River Avenue, Detroit, Michigan, 14455 Gratiot Avenue, De- troit, Michigan, and 13551 Michigan Avenue, Dearborn, Michigan, stores of Montgomery Ward & Company, respectively, excluding di- visional directors, store managers, assistant managers, employees in leased departments, floor managers, department heads, personnel di- 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rectors and their assistants, store detectives or police, private secre- taries of store managers, chief engineers, and buyers, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Retail, Wholesale and Department Store Employees of America, affiliated with the C. 1. 0., is the exclusive representative of all such employees for the purposes of collective bar- gaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision, Direction of Run-Off Election, and Certifica- tion of Representatives.