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Field v. National Labor Relations Board.

April 20, 1943

MARSHALL FIELD & CO.
v.
NATIONAL LABOR RELATIONS BOARD.



On Petition for Enforcement of an Order of the National Labor Relations Board, and to Review and Set Aside Order of National Labor Relations Board.

Author: Evans

Before EVANS, MAJOR, and MINTON, Circuit Judges.

EVANS, Circuit Judge.

Petitioner challenges the correctness of the Board's determination of units appropriate for collective bargaining, in its Chicago retail department store.

It*fn1 contends: (1) the entire store should be designated as the appropriate unit, (2) the "gerrymander" method of grouping heterogeneous groups in the respectively designated units is at odds with the Company's established hierarchy of management organization, (3) the Board's designation of the appropriate units must precede election of bargaining representatives.

The instant proceeding arose through a request in May, 1941, by the A.F. of L. Council*fn2 for an investigation and certification of representatives (Sec. 9 c proceeding). A week later the C.I.O. Union*fn3 filed a similar petition. A hearing was had on the consolidated petitions on July 14-18, 21-24, 1941, at which these unions, and several others*fn4 appeared.

Group Nature of Employment No. of employees Choice on ballot.

No.

1. Elevator and housekeeping 366 eligible 1. C.I.O.

division including section

maids

232 voted for C.I.O. 2.A.F.L.

3. Neither

2. Electricians 32 eligible 1. C.I.O.

14 voted for C.I.O. 2. IBEW

3. Neither

3. Firemen and oilers 12 eligible ...


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