TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 65
the pieviously repiesented voting group rejected the union, the previously
unrepresented gioup would not constitute an apploptiate unit
and remain unrepresented, notwithstanding its selection of the union 39
Howevet, in one case during this fiscal year, whet e the unreptesented
group sought to be added to the reptesented gioup was "by far the
more numeious one," a Board majoiity held the Waduzlet, case inapplicable,
and found that the uniepresented gioup here could comp' ise a
sepatate appi opiate unit "on a residual basis," and could, theiefoie,
select its own iepiesentative, even if the pieviously tepresented group
chose anothei rapt esentative or rejected representation 40
1 Units for Decertification Purposes
The Board has continued to require that the unit in nhich the
decertification election is to be held must be coextensive with the
existing certified oi lecognized unit 41 In the case of a certified multiemployer
unit, it held that the fact that some individual employets
had di opped out of the unit and otheis had puked it did not lender
inappropriate the cei tified multiemployer unit of all the employers
esently pat ticipating lii joint bargaining 42
Dui mg the past year, in two cases involving a history of baiganung
in a unit bioadet than the certified unit, the cm tified unit rather than
the historical broadei unit was held appropriate In one of these
cases, the last ceitified unit was bioadened by the conti act of the parties
after the certification A Boaid majority noted that to have held
the bioadet contract unit contiolling in that case would have denied
the employees an oppoitunity to vote out a union foi which they had
not voted in the pies ious election and which had been imposed upon
them as a bargaining iepresentative 43 In the othei case, a Board majority
held that a contract which merged a certified chemist unit with
another certified unit was not sufficient to oblitei ate the separate
certification of the chemists m view of the particular facts and equities
in the case 44
o0 See also Cool. Paint d Varnish Co • 127 NLRB 1098 (1960) and Star Canon P1 °ducts
Co 127 NLRB 1173 (1960) But see Felix Half d Brother, Inc , 112 NLRB No 135
decided after the close of the fiscal year, nhich overruled the Was141.,i and Cool. Paint
cases
40 J R Simplot Co, 330 NLRB 1283, modifying 130 NLRB 272, Member Fanning this
senting (there mere 23 employees in the prelionsly iepresented glom) and 973 eruploiee,.
in the unrepresented croup
▪ Arlan'e Department Store of Michigan, Inc , 131 NLRB No 88, Calorator Mfg Crimp ,
129 NLRB 704 See also Westinghouse Eleetise Corp, 129 NLRB 840, as to decertifIc mon
of a professional unit
" Fisherman's Coopei ohne Assn, 128 hLRB 62
Mtesion Appliance Corp, 129 NLRB 1417, Members Fanning and Kimball concurting, in
the result only
44 Goodyear Tire & Rubber Co. 130 NLRB 889, Member Fanning dissenting San Juan
Mercantile Coip, 117 NLRB 8 (1957), discussed in Tnenty -second Annual Repoit (1052)
p 47, overruled to the extent inconsistent