NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 129 Packing Company,8 and in Matter of The Globe Machine and Stamping Co.; 7 or because each of the rival organizations claims to represent a majority, as in Matter of American Radiator Company, 8 and in Matter of Cutler-Hammer, Incorporated.° The Board has in numerous cases held that a question concerning representation existed where a controversy has arisen with respect to the determination of the appropriate unit. This problem of the unit appropriate for the purposes of collective bargaining may be a matter of dispute between the employer and a single labor organization, as in Matter of Los Angeles Broadcasting Company, Inc.,1° Matter of Associated Press,n and Matter of U. S. Testing Co., Inc.; 12 or between rival organizations which are insisting upon conflicting bargaining units, as in Matter of Ohio Foundry Company," Matter of Waterbury Clock Com,pany, 14 Matter of Allis-Chalmers Manufacturing Company,18 and Matter of Waterbury Manufacturing Company." In Matter of Phelps Dodge Corporation, 17 the Board stated: At the hearing the Company urged that for purposes of collective bargaining all the employees of the Mine Division should constitute one unit, and the employees at the Smelter Division should constitute another. It argued that craft units were inappropriate, and explained that it had recognized and negotiated with the Metal Trades Council only because legal counsel advised this course in order to preclude any possibility of violating the Act. Although the Company has not refused to negotiate with the Craft Unions, its insistence at the hearing upon bargaining units which conflict with those advanced by the petitioners, gives rise to questions concerning representation. In Matter of Shell Oil Company,18 subsequent to the Board's certification of five unions as a joint collective bargaining agency, Matter of Hunter Packing , Company and Industrial Butchers' and Laborers' Union, Local No. 305, 3 N. L. R. B. 103. The organizers of the rival unions submitted application cards to the company, which, upon comparison with-its pay-roll list, indicated that many employees had applied for membership and many had become members of both unions. Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 3; International Association of Machinists, District No. 54: Federal Labor Union 18:3g. and United Automobile Workers of America, 3 N. L. R. B. 294. Membership lists were submitted by three petitioning unions. The lists contained many duplications and there was also evidence that the employees had almost unanimously transferred their membership to the third union and then had subsequently swung back to the two original unions. 8 Matter of American Radiator Company (Bond Plant and Terminal Plant) and Ama l -gamated Association of Iron, Steel of Tin Workers, Lodges 1199 and 1629, 7 N. L. R. B. 452. °matter of Cutler-Hammer, incorporated and Local No. 278, International Union, U. A. W. A.. affiliated with the C. I. 0., 7 N. L. R. B. 471. 10 Matter of Los Angeles Broadcasting Company, Inc. and American Radio Telegraphers Association, Broadcast Local No. 15, 4 N. L. R. B. 443. "Matter of Associated Press and The American Newspaper Guild. 5 N. L. R. B. 43. L Matter of U. S. Testing Co.. Inc. and Federation of Architects, Engineers, Chemists of TechniciansL C. I. 0., 5 N. L. R. B. 696. For similar cases see Matter of Pennsylvania Greyhound Lines. at al. (Illinois Greyhound Lines, Inc.) and The Brotherhood of Railroad Trainmen, 3 N. L. R. B. 622. 660; Matter of MinneSota Broadcasting Company Operating WTCN and Newspaper Guild of the Twin Cities. Minneapolis and St. Paul, Local No. 2 of the American Newspaper Guild, 7 N. L. R. B. 867 ; Matter of Paramount Pictures. Inc. and Newspaper Guild of New York, 7 N. L. R. B. 1106. 88 Matter of Ohio Foundry Company and International Molders' Union of North America, Local No. 218, and Amalgamated Association of Iron, Steel, of Tin Workers of North America, Local No. 1596, 3 N. L. R. B. 701 14 Matter of Waterbury Clock Company and International Association of Machinists, 4 N. L. R. B. 120. 15 Matter of Allis-Chalmers Manufacturing Company and International Union, United Automobile Workers of America, Local 248, 4 N. L. R. B. 159. 16 Matter of Waterbury Manufacturing Company and International Association of Machinists, Local 1335, 5 N. L. R. B. 288. See also Matter of The Falk Corporation and Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1528, 6 N. L. R. B. 654. 17 Matter of Phelps Dodge Corporation United Verde Branch and International Association of Machinists, Local No. 223; International Brotherhood of Boilermakers, Iron Ship Builders and Helpers, Local No. 406; International Brotherhood of Electrical Workers, Local No. B657; and International Brotherhood of Carpenters and Joiners, Local No. 1061, 6 N. L. R. B. 624. 'Matter of Shell Oil Company and International Association of Oil Field, Gas Well and Refinery Workers of America, 7 N. L. R. B. 417.
130 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD the unions took conflicting positions concerning negotiations with the company. The Board, in finding that a question concerning representation has arisen, stated : In view of the existing impasse to negotiations, the Oil Workers filed its petition, alleging the existence of a question concerning representation. In the petition and at the hearing the Oil Workers claim'ed to represent a majority of the employees within the same appropriate bargaining unit for which the joint agency had been certified previously and asked to be named as the exclusive representative of all such employees. During the course of the hearing claims were also made by this organization that it represented a majority of employees within any units which might be contended for by the four craft unions represented in the joint agency. A stipulation entered into between the company and the petitioning labor organization acknowledging that a question has arisen concerning the representation of the persons employed by the company may be the basis for a finding that such a question exists. Matter of New York Mail & Newspaper Transportation Co. 19 The uncontroverted allegation in the petition of facts which show the existence of a question concerning representation may also be the basis for finding that such a question has arisen. In Matter. of Tidewater Associated Oil Corapany, 20 the Board said : In each petition it was alleged that the Company involved had refused to bargain collectively until the Union was certified by the Board as a proper exclusive bargaining agency on the basis of a ballot vote. Beyond this the record contains nothing, either in support of or refutation of the statements in the petitions. We find that questions have arisen concerning representation of employees of the Companies . . szu In Matter of Flexo Products Corporation, 22 the petitioning union claimed that at each of three conferences with the Company it stated that it represented a majority and demanded recognition. The Board's decision continues : * * * The Company stated that, although it has been at all times ready and willing to recognize as collective bargaining agent any group which could prove that it represented a majority of the employees, the Union had failed to produce proof that it represented such a majority, and has neither requested recognition as collective bargaining agent nor made any demands for the negotiation of a collective bargaining agreement. We note that despite this testimony, the Company in its answer admitted the existence of a question concerning the representation of its employees. In view of the admitted holding of conferences between the Union and the Company and the latter's admission of the existence of a question concerning representation, we find that a question has arisen concerning the representation of the employees of the Company. "Matter of New York Mail d Newspaper Transportation CO. and Committee for Industrial Organization, on Behalf of the Employees of the New York Mail d Newspaper Transportation Co., 4 N. L. R. B. 1066. 'Matter of Tidewater Associated Oil Company and American Radio Telegraphists' Association, 5 N. L. R. B. 954. al See Matter of Edna Cotton Mills Corporation and Textile Workers Organizing Committee, 5 N. L. R. B. 709, for a similar finding of a question concerning representation based upon the allegations of the petition, together with the additional factor of a current strike. The Board found : "The T. W. 0. C., in its petition, alleges that a question of representation has arisen. The record contains no facts which tend to controvert this allegation. Moreover, the record shows that a strike was in progress at the mill of the Company at the time of the hearing." With reference to the existence of a strike as the basis for finding that a question has arisen, see Matter of Sheba Ann Frocks, Inc. and International Ladies' Garment Workers' Union of America, Locals 121 and 504, 3 N. L. R. B. 97, in which the company denied that the union had ever requested it th negotiate. Without resolving the conflict of testimony, the Board concluded: "In any event, the evidence shows that . . . a strike was called . . . which, at the time of the hearing, was still in progress." ti Matter of Flew° Products Corporation and International Brotherhood of Electrical Workers, Local B-7.1.8„ 7 N. L. R. B. 1163.
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' 77,7.,Tri=1EST THIRD ANNUAL REPOR
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NATIONAL LABOR RELATIONS BOARD DONA
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CONTENTS • Page I. Introduction 1
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THIRD ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTION 3 1937, 34 percent;
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I. INTRODUCTION 5 Inasmuch as the d
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I. INTRODUCTION 7 to the particular
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II. THE NATIONAL LABOR RELATIONS BO
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Region 1, Old South Building, Bosto
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II. THE NATIONAL LABOR RELATIONS BO
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THE BOARD Appointed by President to
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III. PROCEDURE OF THE BOARD 17 in t
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yirolui OF THE BOARD 19 If the part
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IV. WORK OF THE BOARD 21 After thdl
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IV. WORK OF THE BOARD 23 Tables II
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IV. WORK OF THE BOARD 25 TABLE V
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V. COMPLAINT CASES A.. STATISTICAL
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TABLE VII.—Analysis of charges pe
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V. COMPLAINT CASES 31 TABLE VIII.-D
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V. COMPLAINT CASES 33 Decisions iss
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V. COMPLAINT OASES 35 TABLE XII.-Di
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V. COMPLAINT CASES 37 TABLE XIV.-Di
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VI. REPRESENTATION CASES A. STATIST
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VI. REPRESENTATION OASES 41 Represe
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VI. REPRESENTATION CASES 43 Decisio
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VI. REPRESENTATION CASES 45 TABLE X
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VI. REPRESENTATION CASES 47 TABLE X
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TABLE XXI.-Number of elections cond
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VII. PRINCIPLES ESTABLISHED In the
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VII. PRINCIPLES ESTABLISHED 53 him
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VII. PRINCIPLES ESTABLISHED 55 and
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VII. PRINCIPLES ESTABLISHED 57 pany
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VII. PRINCIPLES ESTABLISHED 59 6. I
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Vii. PRINCIPLES ESTABLISHED 61 alle
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VII. PRINCIPLES ESTABLISFIED 63 The
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VII. PRINCIPLES ESTABLISHED 65 ers
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VII. PRINCIPLES ESTABLISHED 67 oppo
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VII. PRINCIPLES ESTABLISHED 69 unio
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VH. PRINCIPLES ESTABLISHED 71 tion
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VII. PRINCIPLES ESTABLISHED 73 agai
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VII. PRINCIPLES ESTABLISHED 75 Upon
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WI. PRINCIPLES ESTABLISHED 77 convi
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VII. PRINCIPLES ESTABLISHED 179 emp
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VII. PRINCIPLES ESTABLISH -ED 181 t
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VII. PRINCIPLES ESTABLISHED 183 the
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VII. PRINCIPLES ESTABLISHED 185 Off
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VII. PRINCIPLES ESTABLISHED 187 exc
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VII. PRINCIPLES ESTABLISHED 189 are
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VII. PRINCIPLES ESTABLISHED 191 of
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VII. PRINCIPLES ESTABLISHED 193 ( H
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VII. PRINCIPLES ESTABLISHED 195 Whe
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VII. PRINCIPLES ESTABLISHED 197 the
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VII. PRINCIPLES ESTABLISHED 203 In
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VII. PRINCIPLES ESTABLISHED 205 1.
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VII. PRINCIPLES ESTABLISHED 207 ing
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VII. PRINCIPLES ESTABLISHED 209 6.
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VII. PRINCIPLES ESTABLISHED 211 pay
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VII. PRINCIPLES ESTABLISHED 213 fou
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VII. PRINCIPLES ESTABLISHED 215 Sec
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VIII. JURISDICTION 217 gress declar
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VIII. JURISDICTION 219 fiscal year.
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IX. LITIGATION During the third yea
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IX. LITIGATION 223 FIRST CIRCUIT Na
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IX. LITIGATION 225 company, within
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IX. LITIGATION 227 economic pressur
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IX. LITIGATION 229 notable is that
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IX. LITIGATION 231 order of the Boa
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IX. LITIGATION 233 in National Labo
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IX. LITIGATION 235 denied for the r
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IX. LITIGATION 237 E. CUMULATIVE SU
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IX. LITIGATION 239 National Labor R
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IX. LITIGATION 241 National Labor R
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X. TRIAL EXAMINERS' DIVISION The Tr
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XI. DIVISION OF ECONOMIC RESEARCH D
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XI. DIVISION OF ECONOMIC RESEARCH 2
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xn. PUBLICATIONS DIVISION 255 The f
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• XIII. LIST OF CASES FrEARD AND
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XIII. LIST OF CASES HEARD AND DECIS
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XM. LIST OF CASES HEARD AND DECISIO
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XILL LIST OF CASES HEARD AND DECISI
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XIII. LIST OF CASES 1:1RARD AND DEC
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XIV. FISCAL STATEMENT The expenditu
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APPENDIX A TABLE I.—Comparison, o
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APPENDIX A 287 TABLE H.-Comparison
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APPENDIX B LIST OF RECENT REFERENCE
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APPENDIX B 291 Collective bargainin
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