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NATIONAL LABOR RELATIONS BOARD

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I. INTRODUCTION 7<br />

to the particular circumstances of each case, such as the history of labor relations<br />

in the plant and the industry, the mutual interest of employees, and, most<br />

important, the desires of the employees themselves.°<br />

In the case of Globe Machine & Stamping Co., 7 decided in August<br />

1937, the Board enunciated the doctrine that in cases where all the<br />

other considerations are evenly balanced the desires as to unit of the<br />

disputed group of employees themselves should be the determining<br />

factor, and that the only certain way of ascertaining the desires of<br />

the employees is to permit them to choose in an election between the<br />

labor organization espousing the industrial unit, on the one hand,<br />

and the labor organization espousing the craft unit on the other. Since<br />

this means that in every such case the Board orders an election among<br />

the workers by crafts and groups them with the remainder of the<br />

workers in the plant only if a majority within , the craft vote for the<br />

industrial unit, the industrial unions reacted critically to the adoption<br />

of the technique by the Board.<br />

It should be observed that only a very minor proportion of the representation<br />

cases decided by the Board concern differences as to unit<br />

between the American Federation of Labor and the Committee for Industrial<br />

Organization. During the past year, for example the Board<br />

decided only 41 cases in which there were substantial differen ces between<br />

unions affiliated with the American Federation of Labor and<br />

unions affiliated with the Committee for Industrial Organization.<br />

If the results in these cases are broken down, the figures are as<br />

follows :<br />

Substantial disagreement as to the appropriate unit_ 41<br />

(A) Adoption of American Federation of Labor contention 21<br />

(1) In general 18<br />

(2) Accompanied by adoption of Committee for Industrial Organization<br />

contentions as to inclusion of minor groups 3<br />

(B) Adoption of Committee for Industrial Organization contention '16<br />

(1) In general 16<br />

(2) Accompanied by adoption of American Federation of Labor contentions<br />

as to inclusion of minor groups 0<br />

(C) Adoption in part of contentions of both groups 4<br />

'It should be noted that not all of the 16 cases in which the 'contention of the Committee<br />

for Industrial Organization was adopted involved the issue of craft versus industrial<br />

unionism in any direct way. In fact, the issue in most of the cases in this group was<br />

quite different. For example, 5 of the cases raised questions concerning the appropriateness<br />

of multiple-plant and multiple-cornnany units (Ohio Foundry Co., 3 N. L. R. B. 701; United<br />

Shipyards, Inc., 5 N. L. R. B. 742; Des Moines Steel Co., 6 N. L. It. B. 532; Shipowners'<br />

Assn. of the Pacific Coast etc., 7 N. L. R. B. 1002; Fisher Body Corporation, etc.,<br />

7 N. L. R. B. 1083), and in 1 of these the American Federation of Labor argued for<br />

the larger unit (Des Moines Steel Co., 6 N. L. R. B., 532) •, and 2 of them raised the<br />

q uestion whether a union should be placed on the ballot when it had no members among<br />

the employees of the employer (Texas Co., West Tulsa Works, 4 N. L. R. B. 182; Waggoner<br />

Refining Co., Inc., etc., 6 N. L. R. B. 731). For a detailed analysis of the cases, see<br />

ch. 7, post.<br />

The necessity for deciding such issues as just outlined between<br />

unions affiliated with the American Federation of Labor and unions<br />

affiliated with the Committee for Industrial Organization has always<br />

been distasteful to the Board, especially since their decision and the<br />

decision of other issues which have arisen because of the, split has<br />

absorbed a disproportionate part of the Board's time and energies.<br />

However, the Board has had no alternative under the statute except<br />

6 Second Annual Report (1937), p. 2.<br />

*3 N. L. R. B. 294.

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