NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLISHED 163<br />
made substantially identical contracts with the same labor organization. These<br />
agreements were also on an employer basis."<br />
(B) FORA( OF PRESENT SELF-ORGANIZATION<br />
Although section 9 (b) of the act vests in the Board discretion to<br />
decide in each case whether the unit shall be the employer unit, craft<br />
unit, plant unit, or a subdivision thereof, that discretion must be<br />
exercised in a manner calculated "to insure to employees the full<br />
benefit of their right to self-organization and to collective bargaining,<br />
and otherwise to effectuate the policies of the act." Accordingly,<br />
in determining the unit, the Board has given great weight to<br />
the desires of the employees themselves, especially as manifested by<br />
efforts at self-organization. In Matter of Marcus Loew Booking<br />
Agency 1 the Board stated :<br />
In determining the appropriate unit we also take into consideration the fact<br />
that the company's radio broadcast engineers have organized along the lines<br />
proposed by the American Radio Telegraphists' Association, and have shown a<br />
desire for self-organization by becoming members of the American Radio Telegraphists'<br />
Association.<br />
Again, in Matter of Boorwm, and Pease Company, 2 the Board said :<br />
It does not appear that any labor organization other than the United claims<br />
to represent employees of the company. By their method of self-organization,<br />
the employees have indicated their free choice as to the appropriate unit and no<br />
cogent reason has been advanced for selecting a different unit_<br />
Finally, in Matter of Daily Mirror, Inc., 3 the petitioning union contended<br />
for a bargaining unit which excluded compositors and other<br />
groups who were covered by existing contracts with other labor organizations,<br />
but which claimed unit included composing room boys. The<br />
Board said :<br />
Functionally the composing room boys are much closer to the compositors than<br />
to any other class of employees. Composing room boys are ineligible to join the<br />
typographical organization, however, unless they become apprentices and undergo<br />
a long training. Very few composing room boys have become apprentices in the<br />
history of the Company. * * * Nearly all the composing room boys are members<br />
of the petitioning Union. If the typographical craft organizations desired<br />
to bargain for them we should be disposed to exclude them from a unit composed<br />
largely of white-collar workers, but we are impelled by the consideration that<br />
no one will bargain for these workers if the Union does not. We therefore include<br />
composing room boys within the bargaining unit`<br />
22 See also: Matter of Sheba Ann Frocks, Inc. and International Ladies' Garment Workers'<br />
Union of America, Locals 121 and 204, 3 N. L. R. B. 97;- Matter of Mergenthaler Linotype<br />
Company and United Electrical d Radio Workers of America, Linotype Local No.<br />
, 1222, 3 N. L. R. B. 131; Matter of Huth, d James Shoe Mfg. Company and United Shoe<br />
' Workers of America, 3 N. L. R. B. 220; Matter of Marcus Loew Booking Agency and<br />
American Radio Telegraphist Association, 3 N. L. R.. B. 380; Hatter of Moffett Coal d<br />
Coke Company_ and United Mine Workers of America, District 17, 4 N. L. R. B. 008;<br />
Matter of M. H. Birge and Sons Company and United Wall Paper Craftsmen and Workers<br />
of North America, 5 N. L. R.. B. 314; Matter of Standard 0i/ Company of California and<br />
Oil Workers International Union, Local 299, 5 N. L. R.. B. 750; Matter of H. E. Fletcher<br />
Co., and Granite Cutters' International Association of America, 5 N. L. R. B. 729; Matter<br />
of J. J. Little d Ives Company and Bindery Women's Union Local No. 43, 6 N. L. R.<br />
B. 411; Matter of American Oil Company and Oil Workers' International Union, 7 N. L. R. B.<br />
210; Matter of Utah Copper Company, a corporation, and Kennecott Copper Corporation,<br />
a corporation, and International Union of Mine, Mill, and Smelter Workers, Local No. 392,<br />
7 N. L. R. B. 928; and Matter of Fried, Ostermann Co. and Local 80, International Glove<br />
Workers of . America, A. F. L., 7 N. L. R. B. 1075.<br />
1 matter of Marcus Loci° Booking Agency and American Radio Telegraphists' A880Cill,<br />
tion, 3 N. L. R. B. 380.<br />
2 .3fatter of Boorum and Pease Company and United Paper Workers Local Industrial<br />
Union #292, affiliated with the Committee for Industrial Organization, 7 N. L. B. B.<br />
486.<br />
3 Matter of Daily Mirror, Inc. and The Newspaper G-uikl of New York, 5 N. L. R. B. 362.<br />
'See also Matter of Ohio Foundry Company and International Molders' Union of North<br />
America, Local No. 218. and Amalgamated Association of Iron, Steel, d Tin Workers of<br />
North America, Local No. 1596, 3 N. L. R. B. 701; Matter of Los Angeles Broadcasting