Department Store Employees Union Local 1100 v. Joseph Magnin Co.

Joseph Magnin Company, Inc. (Employer) appeals from an order granting the petition of the Department Store Employees Union, Local 1100 (Union) to confirm an arbitration award and denying the Employer’s cross-petition. The Employer’s major contention on appeal is that the arbitrator exceeded the scope of the submission and purported to resolve other issues subject to the primary jurisdiction of the National Labor Relations Board (NLRB). For the reasons set forth below, we have concluded that the order must be affirmed.

The pertinent facts are as follows: The Employer is a retail department store with headquarters in San Francisco and locations in several states. The five San Francisco locations are covered by a collective bargaining agreement (agreement) with the Union. Pursuant to the agreement, the Union is the sole collective bargaining agent for all employees at the Employer’s San Francisco stores. The instant controversy involves employees of the store at Stockton and O’Farrell Streets in San Francisco (O’Farrell Street store).

In 1971, the Employer entered into an agreement with Gucci (an Italian manufacturer of leather goods and other articles) for the operation…