Milliron's, Employer And General Warehouseman's Union, Local 598, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers, A. F. L.. Petitioned, 69 (1947)

Docket Number:21-R-3486
Party Name:72
 
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In the Matter of MILLIRON'S, EMPLOYER and GENERAL WAREHOUSEMAN'S UNION, LOCAL 598, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS, A. F. L.. PETITIONED Case No. 21-R-3486.-Decided January 14, 1947 Sheppard, Mullin, Richter and Balthis, by Messrs. George R.Richter, Jr., and Roy Littlejohn, of Los Angeles, Calif., for the Employer.Messrs. Gene Blackwell and James A. Walker, of Los Angeles,Calif., for the Petitioner.Mrs. Platonia P. Kaldes, of counsel to the Board.DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Los Angeles, California, on August 27, 1946, before George H. O'Brien, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. At the hearing, the Employer moved to dismiss the petition on the grounds that it is not engaged in interstate commerce and that the unit petitioned for is inappropriate. The hearing officer referred this motion to the Board. For the reasons hereinafter set forth, the motion is hereby denied.Upon the entire record in the case, the National Labor Relations Board makes the following:FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Milliron's, a California corporation, is engaged in operating a retail department store in Los Angeles, California, carrying a general line of merchandise. It leases several of the store's departments to concessionaires for private operation. It employs approximately 700 employees.During the fiscal year ending June 30, 1946, the total cost of goods and merchandise purchased by Milliron's and its lessees exceeded 51/ million dollars; during the same period the total sales exceeded 10 million dollars. More than 31/2 million dollars' worth of the total merchandise and materials purchased originated from points outside the State of California, and more than $43,000 of all goods sold was shipped to destinations outside the State.We find, contrary to its contention, that the Employer is engaged in commerce within the meaning of the National Labor Relations Act.1 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer.III. TIHE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit.We...

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