NATIONAL LABOR RELATIONS BOARD

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WI. PRINCIPLES ESTABLISRED 131 A question concerning representation has also been found where the Board had previously ordered the employers to cease and desist from bargaining collectively with any labor organization unless and until such labor organization had been selected in an election conducted by the Board as the bargaining agent of the employers and where no such election had been conducted. Matter of Canadian Fur Trappers Corporation.23 In Matter of Alaska Packers Association,24 the Board found a question concerning representation to exist where the companies contended that they had no employees of the type covered by the petitions. The companies stated in support of their contention that they were engaged in seasonal operations, that employment terminated at the end of each season, and that they had ceased operations prior to the filing of the petitions and had not resumed operations at the time of the hearing. The Board stated : The evidence is clear, however, that an employer-employee relationship eTists between these cannery workers as a group and the Companies. The record shows that the great majority of these workers return season after season to work for one or another of these Companies. The fact that, as individuals, they may not work for the same Company season after season, does not in any way deprive them of the relationship which ttiey have with all three Companies as a group. In this respect, their status is comparable to that of longshoremen whose employment shifts from day to day among a small group of employers. We have consistently held that longshoremen are employees within the meaning of the Act and it follows that these cannery workers are none the less employees entitled to all the benefits accorded employees under the Act. Nor can it be argued that because these cannery workers engage in other occupations in off-season periods, their relationship with the Companies is altered. The record indicates that they constitute a clearly defined group of men to whom the Companies turn year after year for their requirements. In view of the foregoing facts it clearly appears that each person who was employed in 1937 by any of the three Companies has an interest with respect to employment in all the Companies for the 1938 season. It would be obviously Improper, however, to permit any particular worker to assert such interest in more than one of the Companies. Consequently we shall associate the employee status of the individual at the present time with that company which employed him in 1937. We shall, therefore, in determining the representatives herein, consider the desires of the cannery workers in connection with the individual companies which employed them during the 1937 season. The Board also found a question concerning representation to exist in Matter of Metro-Goldwyn-Mayer 8tudios, 23 where the companies contended that screen writers, who were the only employees covered by the petitions, were not employees within the meaning of the act. In support of this contention it was urged that the services performed by screen writers are creative and professional in character, whereas the act applies to more standardized and mechanical employments; that screen writers receive high salaries, whereas the act is intended for the protection of wage earners in the lower income brackets; and that screen writers perform their services free from the control of the companies and must, therefore, be considered as independent contractors rather than employees. After 22 Matter of Canadian Fur Trappers Corporation, Canadian Fur Trappers of New Jersey, Inc., Jordan's Inc., Morris Dornfeld, doing business as Werth's Wearing Apparel, and Department and Variety Stores Employees Union, Local II5—A, 4 N. L. R. B. 904. 24 Matter of Alaska Packers Association and Alaska Cannery Workers Un,ion, Local No. 5, Committee ior IndustrWl Organization, 7 N. L. R. B. 141. Matter of Metro-Goldwyn-Mayer Studios and Motion Picture Producers Assn., et al., and Screen Titers' Guild, Inc., 7 N. L. R. B. 662.
132 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD analyzing all the evidence and the terms of the written contract between the screen writer and a particular company which normally governs the conditions under which a screen writer renders his services and the nature of his work, the Board rejected the foregoing contentions and found that "the persons engaged by the respective Companies to perform services for them as screen writers are employees within the meaning of the Act." The Board has held that no question concerning representation exists where it finds that no unit similar to or within the scope of that which is proposed among the employees named in the petition is appropriate for the purposes of collective bargaining. Thus, In Matter of Columbia Broadcasting System, Inc., 26 it was alleged in the petition filed by one union that a question had arisen concerning ,the representation of the radio technicians and engineers employed by the company in the New York area. An intervening union, which . did not file a petition, claimed that a unit limited to one part of the company's nation-wide broadcasting system was not appropriate. The Board upheld the latter contention. Since the Board was unable to find an appropriate unit within the scope of that alleged in the petition, it concluded that no question had been raised concerning the representation of employees in an appropriate unit and consequently dismissed the petition.27 Where the Board, in a proceeding in which it has ordered the consolidation of a case under section 9 (c) with a case under section 8 (5), has found that the employer is ref-using to bargain collectively within the meaning of section 8 (5), it has held that it is unnecessary to consider the petition for certification of representatives and has consequently dismissed the petition.28 (A) JURISDICTIONAL DISPUTES Although a question concerning representation existed, the Board has dismissed petitions in several cases which it termed jurisdictional disputes. 28 Thus, in Matter of Curtis Bay Towing Compamy, 3° petitions concerning the representation of the licensed deck officers were filed by Masters, Mates, and Pilots, Local No. 14, while Licensed Tug- 29 Matter of Cq/umbia Broadcasting System, Inc. and American Radio Telegraphists Association, 6 N. L. R. B. 166. Tr See also Matter of Swift and Company and Packing House Workers Union, Local No. 563, 4 N. L. R. B. 779; Matter of M. H. Birge and Sonl . Company and United Wall Paper Craftsmen and Workers of North America, 5 N. L. R. B. 314; Matter of American Woolen Company, Nat'l. and Providence Mills and Independent Textile Union of Olneyville, 5 N. L. R. B. 144; Matte,' of Standard Oil Company of California and Oil Workers International Union, Local 299, 5 N. L. R. B. 750; Matter of AmerWan Steel & Wire Company and Steel and Wire Workers Protective Association, 5 N. L. R. B. 871; Matter of Pennsylvania Greyhound Lines, Inc. and Transport Workers Union of America, Local No. 155, 6 N. L. R. B. 314; Matter of Wisconsin Power and Light Company and United Electrical, Radio and Machine Workers , of America', Local No. 1114, 6 N. L. R. B. 320; Matter of The Novelty Steam Boiler Works and Local 101, Welders, Burners, Apprentices, A. F. of L., 7 N. L. R. B. 969; Matter of Fried, Ostermann Co. and Local 80, International Glove Workers of America, A. F. L., 7 N. L. R. B. 1075. "Matter of Omaha Hat Corporation and United Hatters, Cap and Millinery Workers International Union, Local Nos. 7 and 8, 4 N. L. R. B. 878; Mattea of Somerset Shoe Company and United Shoe Workers of America, 5 N. L. R. B. 486; Matter of Zemite Metal Corporation and United Automobile Workers of America, Local No. 442, 5 N. L. R. B. 509; Matter of Farmco Package Corporation and United Veneer Box and Barrel Workers Union. C. I. 0., 6 N. L. R. B. 601; Matter of McNeely & Price Company and National Leather Workers Association, Local No. 30, of the C. I. 0., 6 N. L. R. B. 800' Matter of Art Crayon Company, Inc. and its affiliated company, American Artists Color Works, Inc. and United Artists Supply Workers, 7 N. L. R. B. 102. 29 See Second Annual Report, pp. 119-122. "Matter of Curtis Bay Towing Company and Marine Engineers' Beneficial Association No. 5, 4 N. a R. B. 360.
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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 79 Stea
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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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NATIONAL LABOR RELATIONS BOARD

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