Sears Roebuck And Co. And Retail Clerks Union, Local #698, Of The Retail Clerks International Protective Association, Affiliated With The American Federation Of Labor, 339 (1946)

In the Matter of SEARS ROEBUCK AND CO. and RETAIL CLERKS UNION,

LOCAL #698, OF THE RETAIL CLERKS INTERNATIONAL PROTECTIVE ASSOCIATION, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. 8-R-O.25.-Decided March 6, 1946 Messrs. R. D. Hooke and Dale M2. Race, of Chicago, Ill., for the Company.

Messrs. A. L. Jacobson and L. W. Radabaugh, of Akron, Ohio, for the Union.

Mr. Harry R. Ehrlich, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Retail Clerks Union, Local #698, of The'Retail Clerks International Protective Association, affiliated with the American Federation of Labor, h'erein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Sears Roebuck and Co., Akron,

Ohio, store, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George F. Hayes, Trial Examiner. The hearing was held at Akron,

Ohio, on January 22, 1946. The Company and the Union appeared and participated.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board.

Upon the entire record in the case, the Board makes the following:

1 Truck Drivers Union, Local 348, A. F. L., also served with notice, did not appear.

339 FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Sears Roebuck and Co. is a corporation organized and doing business under the laws of the State of New York, with a branch store located at Akron, Ohio. During the past fiscal year the Company sold at its Akron branch store merchandise valued in excess of $500,000, of which over 50 percent was received from outside the State of Ohio.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED Retail Clerks Union, Local #698, of The Retail Clerks International Protective Association, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION On November 12, 1945, at an informal conference, the Company denied the Union's requested recognition as bargaining representative of its...