07.02.2015 Views

TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Representation Cases 55<br />

a General Considerations<br />

The appropriateness of a bargaining unit is pi 'manly detei mined<br />

on the basis of the common employment interests of the group involved<br />

In making unit determinations, the <strong>Board</strong> also has continued<br />

to give particular weight to any substantial bargaining history<br />

of the group"<br />

Extent of organization may be a factor but, under section 9(c)<br />

(5), it cannot be given controlling weight<br />

The <strong>Board</strong> has consistently held that jurisdictional or other limitation<br />

concerning classifications of employees in no way restricts the<br />

<strong>Board</strong> m its deteimination of the appropriateness of a bargaining<br />

unit 80<br />

It is the <strong>Board</strong>'s practice to appiove consent-election agreement s<br />

unless they contain provisions which contravene the statute or established<br />

<strong>Board</strong> policy, even though the <strong>Board</strong> might not have found<br />

the unit stipulated therein appropriate had the case been contested<br />

before it on its ments However, such consent agreements Cannot destroy<br />

a unit previously found appropnate 81<br />

b Craft and Quasi-Craft Units<br />

The <strong>Board</strong> has continued to apply the American Potash rules 82 in<br />

passing on petitions for the establishment of craft units, or the severance<br />

of craft or craftlike groups from existing larger units Under<br />

these rules (1) A craft unit must be composed of true craft employees<br />

having "a kind and degree of skill which is normally acquired<br />

only by undei going a substantial period of apprenticeship or compai a-<br />

ble training"; (2) a noncraft group, sought to be severed, must be<br />

functionally distinct and must consist of employees who, "though lacking<br />

the hallmark of craft skill," are "identified with traditional trades<br />

or occupations distinct from that of other employees, which have<br />

by tradition and practice acquired craftlike characteristics", and (3)<br />

a representative mhich seeks to sever a craft or quasi-craft group<br />

horn a broader existing unit must have traditionally devoted itself to<br />

serving the special intei ests of the type of employees involved<br />

T° See, e g , Republic Steel Corp • 131 NLRB No 107 , Grand Rapids General Moto' s, 131<br />

NLRB No 63, where the <strong>Board</strong> dismissed the request for a single-plant unit because of the<br />

controlling multiplant bargaining history, although three intervening consent elections for<br />

a single-plant unit were held<br />

80 Maybes Stone Co , 129 NLRB 487 • Minnesota Minsng d Mfg Co. 129 NLRB 789<br />

al Grand Rapids General Motors, above, where the <strong>Board</strong> held that intervening singleplant<br />

consent elections did not destroy the previously established multiplant unit<br />

as American Potash ti Chemical Corp, 107 NLRB 1418 (1954) • Nineteenth Annual Re<br />

port (1954), pp 38-41

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!