TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

64 Twenty-sixth Annual Report of the National Labor Relations Board
as managerial employees, i e, employees in executive positions with
authority to formulate and effectuate management policies
Access to confidential file material has been held insufficient, in itself,
to confer confidential status" Nor does the fact that employees
may be entrusted with business infoimation to be withheld from the
employer's competitors, or that their IN oik involves cost determinations
Nvhich may affect employees' pay scales, render them managerial
or confidential employees 31
In one case the Board rejected the contention of an international
union that its business agents were managerial employees and therefore
should be excluded ft orn the unit sought by the petitioner 32
h Employees' Wishes in Unit Determinations
The wishes of the employees concerned, as ascei tamed in selfdeter
mmation elections, are taken into consideration where (1) specifically
required by the act," oi (2) in the Board's view, representation
of an employee gioup in a sepal ate unit at a larger unit is equally
appropriate," oi (3) the question of a gioup's inclusion in an existing
unit rather than continued nonrepiesentation is involved 35
Prior to its decision in The Wazleaz Btltinore Hotel case" during
the preceding fiscal year, m hene% er the Board directed elections among
voting groups of previously represented and previously unrepresented
employees, whom the incumbent union sought to combine, the practice
was to pool the votes 37—but only if the voting groups of pi eviously
represented employees rejected the union, and the voting group of
previously unrepresented employees voted for the union, was there
occasion for such pooling 38 In the 147a2kiki case, a Board majority
held that it would 'to longer pool the votes in such cases, and that if
resent the employer in any formal grie‘ance procedures, and Swift & Co, 129 NLRB 3191
where a garage stenographer mils found not a confidential emplolee, although she sub
stituted for the plant superintendent s confidential secretary about 10 percent of her time,
because she spent only a fraction of that time in work considered confidential
See Twenty third Annual Report (1958), PP 42-43 See also Yellow Cab, Inc, 131
NLRB No 41, where taxienb dispatchers mere held not to have managerial functions
"G C Nut phy Co • 128 NLRB 908
21 d Co • abo‘P
12 Into, national Ladics' Gat men t Wo, , s' Union, 131 NLRB No 25, citing Atom scan
10de-ration of Lobo, 120 NLRB 969 (1953) The duties and autholities of the business
agents are subst intuilly the time as those of the organi/ers in the American. Federation
of Lobo, VISO v ho %%Ole held to be nonmanagerial emplo‘ees
a, See above, p 54
"Sec American Cyonamml Co, 131 NLRB No 125, p 59, Member Rodgers dissenting,
Aci ofet Gene, al Co; p , 129 NLRB 1492, Members F inning and Kimball dissenting See
also The Zia Co 108 NLRB 1134 (1954) Nineteenth Annuli Rcport (1954) pp 42-41
w See, e g, Polk Bios , Inc , 128 NLRB 530, J R Simplot Co • 130 NLRB 272 and 1283
But see D V Displays, ct at, 134 NLRB No 55 decided after the close of the fiscal year,
'Rhin modified The Zia Co 109 NLRB 312 (1954)
'8 127 NLRB 82 (1960), Member Panning dissenting
a*For a description of the pooling technique, see American Potash & Chemical Corp
107 NLRB 1418, 1427 (1954) , Nineteenth Annual Report (1954), p 43
8, See The Zia Co, above, Twentieth Annual Report (1955) 4 pp 38-39