NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 159
In Matter of Allis-Chalmers Manufacturing Com,pany 82 doubt
arose after the issuance of the original Decision and Direction of Elections
as to the propriety of including certain employees in the plant
unit. The election showed that the votes of these employees could
not affect the majority secured by one of the unions involved. The
Board stated :
In order to facilitate collective bargaining and to extend to the employees
as quickly as possible the benefits of the collective bargaining that has already
taken place, the Board will issue a certification applicable to the employees
other than those in these five categories. When the Board has made a final
determination as to the status of assistant foremen, inspectors, graduate students,
indentured apprentices and cooperative students, it will, if it finds that
any of these groups are to be included within the appropriate unit, issue
another certification embodying that finding.'3
The fact that all of the parties to a proceeding are agreed as to
the extent of the unit has usually been treated by the Board as decisive.
This agreement may appear in a stipulation entered into
between the parties,84 or in the testimony or statements of representatives
of the parties at the hearing before a trial examiner. 85 In
cases involving an alleged violation of section 8 (5) of the act by
refusal to bargain collectively, the agreement of the respondent
may appear from its failure to question the appropriate unit alleged
in the Board's complaint s° However, the mere absence of contention
does not require the Board to accept the unit assumed by the
parties to be appropriate. It may of its own motion exclude from
the unit employees which it believes should not be included.87
In a limited number of situations, the Board has found that it can
formulate rules which apply in the absence of factors tending to make
them inapplicable. An example of this manner of treatment may be
seen in Matter of Tennessee Copper Company. 88 There the chief
point at issue with regard to the appropriate unit was whether or not
the company's employees should be divided into three units on a
" Matter of Anis-Chaimers Manufacturing Company and International Union, United
Automobile 'Yorkers of America, Local 248, 4 N. L. R. B. 159.
83 Supplemental Decision and Certification of Representatives, 5 N. L. R. B. 158.
" Matter of Goldstein Hat Manufacturing Company and United Hatters, Cap and MiUinery
Workers International Union, Local 57, 4 N. L. R. B. 125 (employees listed) ; Matter
of Southgate-Nelson Corporation and American Radio Telegraphists' Association, 4 N. L.
R. B. 307; Matter of John Morrell cf Co. and United Packing House Workers, Local Industrial
Union No. 32, 4 N. L. R. B. 436 (employees listed) ; Matter of Loose-Wiles Biscuit
Co., Inc. and United Bakery and Confectionery Workers, 5 N. L. R. B. 59; Matter of
International Harvester Company and Die Sinkers Local No. 527, Affiliated With the American
Federation of Labor, 6 N. L. R. B. 545; Matter of Horton Manufacturing Company
and United Electrical tE Radio Workers of America, Local 9,94, 7 N. L. R. B. 5; and
Matter of Richardson Company and Employees Union, 7 N. L. R. B. 1113. In the
latter case the Board stated that since the stipulated unit was "the same unit which was
found to be appropriate by us in the previous case involving the company, we see no
reason for changing the unit • • •." In this and the following two footnotes we
mention only a few illustrative cases.
" Matter of Eagle-Phenix Mills and Textile Workers Organizing Committee, 4 N. L. R.
B. 966; Matter of Ingram Manufacturing Company and Textile Workers Organizing Committee,
5 N. L. R. B. 908; and Matter of Brown-Saltman Furniture Company and United
Furniture Workers of America, Local No. 576, C. I. O., 7 N. L. R. B. 1174.
8, 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; and Matter of Kuehne Manufacturing
Company and Local No. 2791, United Brotherhood of Carpenters and Joiners of
America, 7 N. L. R. B. 304.
al Matter of American France Line et al. and International Seamen's Union of America,
3 N. L. It. B. 64; and Matter of Star if Crescent Oil Co., a California corporation, doing
business as San Diego Marine Construction Company, and International Association of
Machinists, Local No. 389; Shipwrights, Boatbuilders and Caulkers ; and International
Brotherhood of Electrical Workers, Local No. 569, 3 N. L. It. B. 882.
ss Matter of Tennessee Copper Company and A. F. of L. Federal Union No. 2114
5 N. L. R. B. 768.