TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 57
existing laigei groups nits pm mittecl whet e the American Potash lequirements
were met, including the requirement that the severance
petitioner qualify as the "tiaditional iepiesentative" of the group 88
In one case, a majority of the Board held that a union cannot, in
the same proceeding, seek to sever a craft group from a production
and maintenance unit and, simultaneously, seek to represent the production
and maintenance employees " Similarly, in another case, the
Board held that a union seeking to leplesent a functionally distinct
and homogeneous departmental group cannot, in the same proceeding,
simultaneously request lepresentation foi a pt oduction and maintenance
group."
Regarding the "traditional representative" requirement in sevei ance
cases,91. a panel majority dismissed a union's petition for seveta,nce of
garage mechanics from an existing production and maintenance unit
of bakery employees because the petitioner failed to sustain its but den
of showing that it was a traditional representative of garage mechanics
as required by the Amencan Potash ruletb92 Although recognizing
the fact that the union repiesented untold numbei s of garage
mechanics, the majority noted that "the fact that a union may rep] e-
sent many employees in the same classification as those sought to be
severed as a craft is not proof in itself that the union has devoted itself
to serving the special intei ests of such employees " 93
Adhering to the policy stated in the American Potash case,94 the
Board has continued to peimit sevei ance where othet wise ploper,
it tespective of any degree of integration of the employees opei ations
88 Severance must be coextensive with the existing bargaining unit Thus, severance of
tool and die employees on a single-plant basis from an existing multiplant unit was held
inappropriate Grand Rapids Genera/ Motora, 131 NLRB No 03
N Burt Co. 130 NLRB 1115, Members Fanning and Kimball dissenting The
ma3olity required the union to elect between the craftsmen and the other emplo3ees, and
permitted the union to engage in only one election
" Schick Inc 130 NLRB 1501, citing P N But t Co
In The "traditional representative" test applies only where sever ante of a craft or tra
dittonal department from an existing broxder unit is requested Thus, the Board held
that this test is not applicable where I craft or departmental unit has once been severed
from a production and maintenInce unit Ind has, since then, de%eloped its own bargaining
history Industrial Rayon Corp • 128 NLRB 514, set aside in 291 F 2d 809 (C A 4)
" Nissen Baking Corp, 131 NLRB No 90 Member Rodgers dissenting
▪ For further discussion of the qualifications of craft representativis see above, PP
38-39
N Above, footnote 82
Ba See, e g, Lord Baltimore Press, lac, 128 NLRB 334, Mailtnolcrodt Chemical 'Works,
Uranium Div, 129 NLRB 312 In both cases the Board acknowledged, but expressed
disagreement with, the decision of the court of appeals in NLRB v Pittsburgh Plate
Glass Cc, 270 F 2d 167 (C A 4) Member Fanning, who did not participate in the
Lord Baltimore case, concurred In the MaGinokrodt case but found it unnecessary to pass
upon the question whether in a highly integrated plant he would adheie to the Board s
bolding in American Potash, and further expressed his opinion that In light of the decision
of the court in the Pittsburgh Plate Glass case, a thorough reexamination of the American
Potash case is required