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NATIONAL LABOR RELATIONS BOARD

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160 THIRD ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />

geographical basis. After finding that they should not be so divided,<br />

the Board said :<br />

With respect to the classes of employees to be excluded from the unit here<br />

considered, the record discloses little more than the preferences of the rival<br />

unions. As above stated, both unions agree on the exclusion of supervisory<br />

employees. The International also claims that clerical workers, chemists, and<br />

technical engineers should be excluded. No reason appears why these persons<br />

should be included in the unit under consideration. We have heretofore held<br />

that because of their special interests, clerical employees, engineers, and chemists<br />

are prima facie unsuitable for inclusion in a unit with production employees.<br />

We shall accordingly exclude clerical workers, chemists, and technical engineers,<br />

as well as supervisory employees.<br />

The Board has held in two eases that it would not entertain a<br />

petition to change the appropriate unit found by the Board in a<br />

decision, where the petition represents a change of position on the<br />

part of the labor organization filing it, after losing an election conducted<br />

on the basis of the former position. In Matter of Combustion<br />

Engineering Company, Inc.," the Board directed the holding of an<br />

election among employees of a particular craft. After the election,<br />

the labor organization claiming to represent that craft filed a petition,<br />

contending that the employees in i question should have been voted in<br />

three separate groups. The Board stated :<br />

The determination of the appropriate unit herein unquestionably followed the<br />

desires of the Brotherhood as indicated in the record of this proceeding. The<br />

Brotherhood's petition protesting this determination represents a change of<br />

position clearly without merit.°<br />

2. THE HISTORY AND PRESENT FORM OF SULF-ORGANIZATION AS FACTORS IN<br />

DETERMINING THE APPROPRIATE UNIT<br />

The form which self-organization has taken among the employers<br />

involved in a proceeding, or among workers similarly situated, is<br />

one of the most significant factors in i determining the appropriate<br />

unit. Self-organization which has resulted in successful collective<br />

bargaining in the past can be relied on as a guide for future collec-<br />

Live bargaining. Similarly, the. form of self-organization presently<br />

existing, and the rules governing eligibility to membership in the<br />

labor organizations which have engaged in organization in the field,<br />

aid in determining the most effective method of collective bargaining.<br />

In taking these factors into consideration the Board utilizes<br />

the experienced judgment of the workers themselv es as to the existence<br />

of the mutual interest in working conditions which must exist<br />

among the members of an appropriate unit.<br />

(A) HISTORY OF <strong>LABOR</strong> <strong>RELATIONS</strong> IN THE INDUSTRY, AND BETWEEN THE<br />

EMPLOYER AND HIS EMPLOYEES<br />

The recognition through an established course of dealing between<br />

an employer and his employees that a certain group of employees<br />

should be treated together for the purposes of collective bargaining<br />

is an important consideration in the determination of the appropriate<br />

unit. Collective bargaining is facilitated by adhering to the<br />

a° Matter of Combustion Engineering • Company, Inc. and Steel Workers Organizing Committee,<br />

for and in behalf of Amalgamated Association of Iron, Steel and Tin Workers of<br />

North America, 5 N. L. R. B. 344. Order dismissing petitions, 7 N. L. R. B. 123.<br />

1), See also : Matter of Atlantic Basin Iron Works and Industrial Union of Marine and<br />

Shipbuilding Workers of America, Local No. 13, 5 N. L. R. B. 402. • Certification of Representatives,<br />

6 N. L. R. B. 441.

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