Ohrbach's Inc.

National Labor Relations Board - Board Decisions

Jun 19, 1957

118 N.L.R.B. 231 (N.L.R.B. 1957)

OHRBACH'S, INC. 231
of the seasonal . slack were rehired. As the laid-off drivers have a
reasonable expectancy of reemployment, we find that they are eligible
to vote in the election s
[Text of Direction of Elections omitted from publication.]
e Aroostook Federation of Farmers , Inc., 117 NLRB 31.
Ohrbach's, Inc. and District 65, Retail Wholesale and Department
Store Union , AFL-CIO, Petitioner. Case No. 2-RC-8533. June
19, 1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John J. Carmody,
hearing officer of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Rodgers, Bean, and
Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.'
1 Petitioner seeks a unit of department store employees including clericals who deal direct-
ly with customers or handle merchandise but excluding all clericals who do not. It would
exclude the tailor shop , menders, and the milliner . Except as to those exclusions, the
Employer agrees with the unit. There is no bargaining history. The clerical employees
in issue include general office employees located on the 10th floor, and, on other floors, in-
voice process clerks in the receiving departments , a display department clerical, reception-
ist-typists in the ' buying offices , and purchasing department clericals, all of whom perform
a variety of office and clerical duties. The tailor shop includes seamstresses , pressers, and
tailors, who do cleaning , pressing , and sewing for the store and repairs for customers,
Menders in the selling departments and the milliner in the millinery department perform
mending and cleaning duties and the menders of Ix tickets to merchandise. All employees
are subject to the same personnel management and have the same benefits, and, although
the general office employees also perform services for other stores of the Employer in addi-
tion to the store herein involved , the Board has recognized a functional integration and
mutuality of interest among all employees of a retail establishment. In these circum-
stances and as no union is seeking to represent the disputed categories, we shall include
them in the unit . J. J. Moreau & Sons, Inc., 107 NLRB 999; Fanny Farmer Candy Shops;
118 NLRB No. 39.
232. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All regular 2 selling and non'selling employees of the Employer, in
eluding office clerical and store clerical employees, the tailor shop,
menders and the milliner, timekeeping employees, personnel depart-
ment employees, telephone operators, payroll employees, head cashier
office employees, and secretaries to executives ; but excluding electri-
cians, air conditioning employees, carpenters, plumbers, painters,
handymen, and elevator mechanics, employees employed as demonstra-
tors or in leased departments whose salaries are paid either in whole or
in part by persons, firms, or corporations other than the Employer,
employees who perform less than 24 hours of work per week, executives,
supervisors, and confidential employees, including, without limitation,
buyers, assistant buyers, department managers, section managers, floor
supervisors and junior executives, students, training squad, medical
department employees, special officers, protection (detective) depart-
ment employees, watchmen, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Inc., 112 NLRB 299; Bond Bfw ee, Incorporated., 84 NLRB 667. Although the parties
agreed to exclude certain office clerical employees such as timekeeping employees, person-
nel department employees, telephone operators, payroll employees, head cashier office
employees, and secretaries to executives, we shall, because of our inclusion in the unit of all
clerical employees and despite the agreement of the parties, include them in the unit.
ree Jones-Dabney Company, Division of Devoe ct Reynolds Co., 116 NLRB 1556. However,
the record does not reveal whether any of the foregoing employees occupy confidential or
supervisory status, and therefore nothing in this decision shall be deemed to affect the
parties' right to challenge any of the above-described categories for such reasons.
2 According to the parties' agreement, "regular" is defined as having had 90 days' con-
tinuous service in the case of a full-time employee, and being on the payroll for 90 days
in the case of a part-time employee.
The Bryant Electric Company and International Brotherhood of
Electrical Workers, AFL-CIO , Petitioner and United Electri-
cal, Radio and Machine Workers of America (UE). Case No.
1-RC-/,784. June .19, 1997
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION
Pursuant to a stipulation for certification upon consent election
entered into between International Brotherhood of Electrical Workers,
AFL-CIO, the Petitioner herein, United Electrical , Radio and
Machine Workers of America ( UE), the Intervenor , and the Em-
ployer, all election by secret ballot was conducted on February 5,
1957, under the direction and supervision of the Regional Director for
the First Region, among the employees in the unit herein found
appropriate . Following the election , the parties were furnished with
a tally of ballots which showed that of 31 votes cast, 6 were cast for
the Petitioner , 11 for the Intervenor , and 14 against the participating
118 NLRB No. 27.