Jordan Marsh Co. v. Labor Relations Commission

56 N.E.2d 915, 316 Mass. 748, 1944 Mass. LEXIS 802, 15 L.R.R.M. (BNA) 572
CourtMassachusetts Supreme Judicial Court
DecidedSeptember 13, 1944
StatusPublished
Cited by19 cases

This text of 56 N.E.2d 915 (Jordan Marsh Co. v. Labor Relations Commission) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan Marsh Co. v. Labor Relations Commission, 56 N.E.2d 915, 316 Mass. 748, 1944 Mass. LEXIS 802, 15 L.R.R.M. (BNA) 572 (Mass. 1944).

Opinion

Qua, J.

Jordan Marsh Company, claiming to be aggrieved by a final order of the labor relations commission commanding it to bargain collectively with Retail Clerks International Protective Association, A. F. of L., as the certified exclusive bargaining representative of two groups of the company’s employees designated by the commission as "appropriate” bargaining units (G. L. c. 150A, § 5, inserted by St. 1938, c. 345, § 2, as amended by St. 1939, c. 318), filed its petition in the Superior Court under G. L. c. 150A, § 6 (f), inserted by St. 1938, c. 345, § 2, praying that the order of the commission be set aside on the ground that its designation of the bargaining units was against the evidence, arbitrary and. invalid. The commission filed a counter petition under § 6 (e) for enforcement of its order. The only question at issue is the validity of the commission’s designation of the bargaining units. The employer can raise that question upon a petition for review of a final order of the commission requiring it to act. Jordan Marsh Co. v. Labor Relations Commission, 312 Mass. 597. There was no evidence that the company was engaged in interstate commerce, and no contention to that effect has been made.

The Superior Court found that the designation of bargaining units by the commission was not supported by substantial evidence (see § 6 [e]); that the commission "was. [750]*750capricious in its conduct of the hearings and its findings”; and that there was “no basis in fact for the commission’s finding that the petitioning clothing and furniture salesmen were entitled to a status separate from that of the company’s other sales employees.” The court entered a decree setting aside the order of the commission and dismissing the commission’s petition for enforcement. An appeal by the commission brings the cases here. A “transcript of the entire record in the proceeding” before the commission, including the testimony, is contained in the record on appeal. See § 6 (e).

Jordan Marsh Company operates a large ¡department store in Boston, abutting on at least six streets and occupying from four to ten floors and the basements in each of five different buildings. It employs in all about fourteen hundred salespeople. Its selling activities are divided into two hundred seventy-one departments. The two bargaining units set up by the commission are these: “Unit A,” “All employees at the Company’s store who are regularly employed in fitting and selling men’s and boys’ clothing, including men’s sports clothing and military uniforms”; and “Unit B,” “All employees at the Company’s store who are regularly employed in selling furniture or bedding in the furniture and bedding departments located on the sixth and seventh floors of the store.” Persons employed in a supervisory capacity are excluded from both units. The petitions to the commission for certification of representatives for these units stated respectively, and the commission found, that there were about forty employees in “Unit A” and about twenty-one employees in “Unit B.” None of the others of the approximately fourteen hundred sales employees was included in either unit.

A wide field of inquiry is open to the commission in designating units appropriate for collective bargaining. See National Labor Relations Board v. Hearst Publications, Inc. 322 U. S. 111, 134. We cannot attempt to define or to enumerate the subjects proper for consideration. But it is clear that if collective bargaining by previously designated bargaining units is to achieve its purpose of promoting in[751]*751dustrial peace, and is not to promote industrial turmoil instead, regard must be had to at least a few simple principles. Bargaining units in a particular industry must, as far as is reasonably possible in view of all pertinent factors, be adapted to the manner in which that industry is habitually carried on, and in general stress must be laid not only upon securing groups of employees who, as the business is conducted, have common interests in the more important matters which are likely to become the subjects of collective bargaining, so that they can speak with a common voice in such matters, but also upon gathering into each of such groups the largest number practically possible of employees having such common interests, in order that discord may be minimized, and that the industry may not be continually hampered by the jealousies and conflicting or competitive claims of a large number of small rival units which must work together in the industry, but which may choose to be represented by different and possibly antagonistic unions. As it was expressively put by counsel for the employer at the hearing before the commission, the plant or industry ought not to be Balkanized. On the other hand, reasonable consideration must also be given to the desires of the employees and to the practical possibility of securing adequate representation for proposed units without unreasonable delay. Pittsburgh Plate Glass Co. v. National Labor Relations Board, 313 U. S. 146. In the case before us the designations of “Unit A” and “Unit B” are assailed for the reason that these units constitute segregations of two small groups of employees out of a large mass of similar employees whose bargaining interests are essentially the same, and that the two separated groups are not distinguishable upon any sufficient grounds from the other employees from whom they have been set apart.

At the hearing before the commission nearly all the evidence tending to show the employment conditions and the relations of the members of the sales force to the company and to each other was introduced by the company. It was introduced through obviously intelligent witnesses whose positions in the company were such that they should be [752]*752familiar with the subjects of their testimony, and they testified clearly, without equivocation, and in precise detail. Their evidence was not contradicted or challenged in any way, either before the commission or in the argument before us. There is no reason to suppose that the commission disbelieved its substance. Such disbelief might well be regarded as in itself arbitrary and capricious conduct. Moreover, without this evidence there was no proof of the details of the organization of the company’s sales force, the nature of the work of the various salespeople, or their relations with the company and with each other which would be necessary to establish that “Unit A” and “Unit B” could properly be separated from the rest of the sales force as constituting appropriate bargaining units. We therefore deal with the case on the assumption that the subsidiary facts are as shown by this evidence.

The facts so appearing may be summarized as follows: In a retail department store the important qualities in a salesperson are selling ability and knowledge of the store’s system. These are the same in all departments, including those selling clothing, furniture and bedding. Familiarity with the stock carried in a department is necessary but is quickly acquired by any competent and efficient salesperson. Salespeople are not necessarily confined to one department. Frequently they are moved about from one department to another, and such interchange takes place among departments selling articles of entirely different characteristics.

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Bluebook (online)
56 N.E.2d 915, 316 Mass. 748, 1944 Mass. LEXIS 802, 15 L.R.R.M. (BNA) 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-marsh-co-v-labor-relations-commission-mass-1944.