NATIONAL LABOR RELATIONS BOARD

166 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
held that where no union but the one which desires to include the
employees in question has attempted to organize them, the mere fact
that they are eligible to join other unions does not warrant their
being left without representation. In Matter of Paramount Pictures,
Inc., 17 one union desired to include in a single unit with the
company's News Division employees, certain clerical employees. Another
union contended that the latter should be excluded because it
was organizing all of the company's clerical employees in a single.
organization. The Board held that the clerical employees should be
included, saying:
The Federation admittedly has made no attempt to organize the employees
of the News Division and it offered no proof of either a majority or a substantial
membership among the office and clerical employees in the other two
divisions of the Company in which it has organized. The mere fact that the
Federation intends at some future time to organize the employees of the News
Division does not justify their exclusion from the bargaining unit claimed
to be appropriate by the Guild. Furthermore, the Federation introduced no
evidence showing that the employees of the News Division eligible to the
Federation had expressed any desire to become members of or to be represented
by the Federation. On the other hand, all those employees who are
included within the unit which the Guild claims to be appropriate are ineligible
to any union existing and having membership in the News Division at
the time of the hearing. In addition, the Guild introduced evidence showing
that a substantial majority of such employees are members of the Guild
and have expressed a desire that it represent them. Under these circumstances,
we see no reason for deviating from the unit claimed to be appropriate by
the Guild.18
It should be noted that although the form of organization chosen
by employees is entitled to weight in determining the appropriate
unit, no such weight is ordinarily given to the forms adopted by
labor organizations which are company dominated. In Matter of
Phelps Dodge Corporation United Verde Branch,, 19 four unions were
organized on craft lines at both the mine and smelter operated by
the company. Two Employees' Committees were also in existence,
one of which admitted all employees at the mine, and the other, all
employees at the smelter. The Board found that the Employees'
Committees were company-dominated and in determining the appropriate
unit, it stated :
As a consequence of our decision that the Employees Committees are not
entitled to represent employees for purposes of collective bargaining, the units
requested by the Craft Unions were not opposed by any bona tide labor organization.
In the absence in this case of any effective claim by a rival employee
organization for a bargaining unit on a broader scale, we conclude that the
craft units are appropriate."
(0) ELIGIBaLITY TO MEMBERSHIP IN LABOR ORGANIZATIONS
The rules of eligibility to membership in the unions which the employees
form or join constitute one of the clearest manifestations of
the manner in which they desire collective bargaining to take place.
r, Matter of Paramount Pictures, mo. and Newspaper Guild of New York, 7 N. L. R. B.
1106.
18 5 also Matter of The Texas Company. West Tulsa "P7ork8, and Oil Workers' International
Union, Local No. 217, 4 N. L. R. B. 182; Matter of General Leather Products, Inc.
and Suitcase, Bag d Portfolio Makers Union, 5 N. L. R. B. 573; and Matter of Waggoner
Refining Company, Inc. and W. T. Waggoner Estate and International Association of Oil
Field, Gas Well and Retery Workers of America, 6 N. L. R. B. 731.
n Matter of Phelps Dodge Corporation United Verde Branch and International Association
of Machinists, Local 37o. 223, etc., 6 N. L. R. B. 624.
" See also : Matter of Eagle Manufacturing Company and Steel Workers Organizing Committee,
6 N. L. R. B. 492,