NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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.