National Labor Relations Board v. J. C. Penney Company, Inc., Store No. 29-9

The National Labor Relations Board petitions this court to enforce its order requiring J. C. Penney, store No. 29-9, to bargain with the company’s auto center employees’ bargaining representative. The company contends that its auto center employees do not constitute an appropriate bargaining unit. We disagree and enforce the Board’s order.

J. C. Penney’s store No. 29-9 is a retail department store located in Spokane, Washington. The store is located in a shopping mall and consists of a main store building and an auto center. On June 22, 1977, Local 582 filed a petition with the Board seeking a representation election in a unit composed of only the auto center employees. On August 3, the Regional Director determined that the auto center employees constituted an appropriate unit and directed that an election be held. The company filed a request for review of the Regional Director’s decision with the NLRB which the Board denied because the company raised no substantial issue warranting review. On September 2, the union won the representation election and was certified as the auto center employees’ bargaining representative.

On November 7, the company refused the union’s request to…