Montgomery Ward & Co., Inc., 1351 (1962)

Docket Number:19-RC-01164
 
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MONTGOMERY WARD & COMPANY, INC. 1351

MONTGOMERY WARD & COMPANY , INC. and OFFICE EMPLoYEEs INTERNATIONAL UNION, LOCAL No. 288, AFL, PETITIONER . Case No.

19-RC-1164. October 3,1952

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 Orville W. Turnbaugh, hearing officer. 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Styles and Peterson].

Upon the entire record in this case, the Board finds :

  1. The Employer 1 is engaged in commerce within the meaning of the Act.

  2. The labor organizations involved claim to represent certain employees of the Employer.

  3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.

  4. The Petitioner seeks a unit of all office clerical employees in the Employer's Pocatello, Idaho, store. The Employer and Retail Clerks International Association, Local No. 560, AFL, herein called the Intervenor, contend that the employees sought do not constitute an appropriate unit and that only a broad unit of all selling and nonselling employees in the store is appropriate 2

The Employer is engaged in the selling of merchandise at retail in stores and mail order houses located throughout the United States.

We are here concerned with its retail store operations in Pocatello,

Idaho, which are conducted in four separate buildings. There is a main store, consisting of a one-story building with a mezzanine; a tire service building; a one-story warehouse, located across an alley from the main store; and the top floor of the consolidated warehouse, about 6 blocks from the store, which is used as a storage warehouse.

There are approximately 60 to 65 employees regularly employed in the Pocatello operations, of whom 1 works in the warehouse, 1 in the tire service building, and the remainder in the main store. The operations are divided into 17 selling and 7 nonselling departments. The approximately 16 employees sought by the Petitioner are virtually all I The name of the Employer appears in the caption as amended at the hearing.

2 The Intervenor does not seek an election in the more comprehensive unit which it...

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