NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLIS1TED 167
If such organizations are formed of the employees' free will, the qualifications
for membership therein reflect the judgment of the employees
as to the appropriate unit for collective bargaining. In Matter of
Marlin-Rockwell Carporation, 21 the union involved contended for
exclusion of set-up men from an industrial unit. The Board, in holding
that they should not be excluded, said :
The record indicates, however, that notwithstanding certain differences between
the set-up men and other production employees, the interests of the set-up
men are closely associated with those of the other employees. That the Union
has recognized such a community of interests is shown by the fact that the set-up
men are eligible to membership in the 'Union and some of them have become
members thereof!'
However, it is clear that the Board cannot be bound in determining
the appropriate unit by the rules established by the labor organizations
m the field. Those rules constitute only one of the factors which
the Board considers in making its decision.23
D. DESIRES OF EMPLOYEES AS TO INCLUSION IN APPROPRIATE UNIT
As noted above in section G 2 (B), the Board has given great
weight to the desires of employees aS expressed by their forms of
self-organization ; and it has also considered whether certain groups
of employees have expressed a will to be included or excluded from a
particular unit, in determining the bounds of that unit. This factor
has been given cardinal significance in cases where rival organizations
have advanced different contentions as to the form of organization
which should govern among a particular company's employees, and
the circumstances of the case have been such that if either contention
had been unopposed it would have been adopted. This situation has
involved most commonly a dispute between one or more unions advocating
organization along plant-wide lines, and one or more unions
advocating organization along craft lines. In such situations, the
Board has established the practice of considering the wishes of a
majority of the employees in the craft group as to their inclusion in a
plant-wide unit.
21 Matter of Marlin Rockwell Corporation and Local No. 338, United Automobile Workers
of America, 5 N. L. R. B. 206.
See also : Matter of suburban Lumber Company and International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers of America, Local Union No. 676, 3 N. L.
R. B. 194; Matter of Huth & James Shoe Mfg. Company and United Shoe Workers of
America, 3 N. L. R. B. 220; Matter of The B. P. Goodrich Company and United Rubber
Workers of America, Local No. 43, 3 N. L. R. B. 420; Matter of Pennsylvania Greyhound
Lines et al. and The Brotherhood of Railroad Trainmen, 3 N. L. R. B. 622; Matter of
Southern Chemical Cotton Company and Textile Workers Organizing Committee, 3 N. L.
R. B. 869 ; Matter of American Hardware Corporation and United Electrical and Radio
Workers of America, 4 N. L. R. B. 412; Matter of U. S. Testing Co., Inc and Federation
of Architects, Engineers, Chemists & Technicians, C. I. 0., 5 N. L. R. B. 696; Matter of
United Shipyards, Inc. and Locals No. 12, No. 13, No. 15 of the Industrial Union of Marine
and Shipbuilding Workers of America, 5 N. L. B. B. 742i Matter of Great Lakes Engineering
Works and Welders International Association, 5 N. L. R. B. 788; Matter of Armour &
Company and Amalgamated Meat Cutters and Butcher Workmen of North America, Local
Union No. 413, 5 N. L. R. B. 975; Matter of Holland Reiger Division of Apex Electric Co.
and United Electrical, Radio & Machine Workers of Amerie,a, 6 N. L. R. B. 156; Matter of
Stackpole Carbon Company and United Electrical if Radio Workers of America, Local No.
502, 6 N. L. R. B. 171; Matter of John Minder and Son, Inc. and Butchers Union, Local
No. 174, 6 N. L. R. B. 764; Matter of National Candy Company, Inc., Veribrite Facto-774
and Local 351 Candy Workers, affiliated with Bakery and Confectionery Workers International
Union of America (A. F. of L. AV.), 7 N. L. R. B. 1207; and Matter of Eagle
Manufacturing Company and Steel Workers Organizing Committee, 6 N. L. R. B. 492, where
the Board said :
"Inasmuch as we are ordering the disestablishment of the Alliance, the eligibility to
membership in the Lodge, since it is fixed by standards that appear to be reasonable, should
be controlling."
23 Matter of Pennsylvania Salt Manufacturing Company and Local Union No. 12055 of
District No. 50, United Mine Workers of America, 3 N. L. B. B. 741 ; and Matter of Woodside
Cotton Mills Company and Textile Workers Organizing Committee, 7 N. L. H. B. 960.