NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 179 employer, thus tending toward special treatment in collective bargaining. Hence, in several decisions of the Board, separate appropriate units have been established for specially skilled workers, and in others they have been excluded from the unit found to be appropriate for the balance of the company's employees. In Matter of Marcus Loeto Booking Agency," the Board held that the company's radio broadcasting engineers constituted a unit apart from the other employees who worked at the company's broadcasting station. It said : The radio broadcast engineers are technical employees engaged in work of a highly skilled nature, have qualifications and duties different from those of the other employees, and are required to hold Federal licenses. It requires years of study in a school for radio engineering, technical training of a distinctive type, and some experience before one can procure such a license. Their salaries average about $50.00 per week. They work 8 hours a day and 6 days a week. Their interests are mutual and alike, and they have very little in common with the other groups of employees. They constitute a distinct unit." As between two or more skilled groups, substantial difference in the nature of their respective training ordinarily indicates the propriety of a separate unit for each. 74 In Matter of Great Lakes Engineering Works 7 5 it was claimed by one labor organization that "Matter of Marcus Loew Booking Agency and American Radio Telegraphists' Association, 3 N. L. R. B. 380. " See also : cases establishing separate unit for skilled employees : 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 (truck drivers) ; Matter of Wadsworth Watch Case Company and Metal Polishers, Buffers, Platers and Helpers International Union N. L. R. B. 487 (polishers) • Matter of International Harvester Company Tractor W and Farm Equipment Workers Association Division of A. A. I. S. & T. W. N. A. Lodge No. 1320, C. I. 0., 5 N. L. R. B. 192 (die sinkers and trimmers) Matter of Waterbury Manufacturing Company and International Association of Machinists, Local 1335, 5 N. L. R. B. 288 (mechanics) ; Matter of American Manufacturing Company; Company Union of the American Manufacturing Company; the Collective Bargaining Committee of the Brooklyn Plant of the American, Manufacturing Company and Textile Workers' Organizing Committee, C. L 0., 5 N. L. Ft. B. 44d; Matter of U. S. Testing Co., Inc. and Federation of Architects, Engineers, Chemists a Technicians, C. 1. 0., 5 N. L. R. B. 696 (special trained laboratory employees) ; Matter of Great Lakes Engineering Works and Welders International Association, 5 N. L. R. B. 788 (welders and burners) ; Matter of The Warfield Company, a corporation formerly known as The Thomson & Taylor Company and International Union of Operating Engineers, Local No. 399, and International Brotherhood of Firemen and Oilers, Local No. 7, 6 N. L. R. B. 58 (firemen and engineers in power house) ; and Matter of Phelps Dodge Corporation United Verde Branch and International Association of Machinists, Local No. 223; International Brotherhood of Boilermakers, Iron Ship Builders and Helpers, Local No. 406; International Brotherhood of Electrical Workers, Local No. B 657; and International Brotherhood of Carpenters and Joiners, Local No. 1061, 6 N. L. R. B. 624 (four craft units). Cases in which skilled employees were excluded from a unit held appropriate for unskilled employees : Matter of The H. Netter Glass Company and Federation of Flat Glass Workers of America, 4 N. L. R. B. 65 (glaziers and truck drivers) ; Matter of Pittsburgh Plate Glass Company and Federation of Flat Glass Workers of America, 4 N. L. R. B. 193 (glaziers) ; Matter of National Motor Bearing Company and International Union, United Automobile Workers of America, Local No. 76, 5 N. L. R. B. 409 (tool and die men) Matter of Zenite Metal Corporation and United Automobile Workers of America, Local No. 442, 5 N. L. R. B. 509 (polishers) ; and Matter of Stackpole Carbon Company and United Electrical & Radio Workers of America, Local No. 502, 6 N. L. R. B. No. 171 (machine shop). Compare Matter of Fleischer Studios, Inc. and Commercial Artists & Designers Union— American Federation of Labor, 3 N. L. R. B. 207, where the Board held that the mere fact that employees known as "animators" were the most highly skilled of the company's employees did not require their separation from a unit for the other employees, since the latter were also skilled to some extent, and in many cases were promoted to the grade of animator. For further discussion of rules applicable to particular skilled groups, see sec. G 3 (E) below. T4 Matter of Campbell Machine Company, David C. Campbell and George E. Campbell, co-partners, trading as Campbell Machine Company and International Association of Machinists, Local No. 389; Shipwrights, Bootbuilders & Caulkers ; and International Brotherhood of Electrical Workers, Local No. 569, 3 N. L. R. B. 793; Matter of Curtis Bay Towing Company and Marine Engineers' Beneficial Association No. 5, 4 N. L. R. B. 360; Matter of National Sewing Machine Company and International Association of Machinists, International Molders Union, and Metal Polishers International Union, 5 N. L. R. B. 372; and Matter of The Wardeld Company, a corporation formerly known as The Thomson & Taylor Company and International Union of Operating Engineers, . Local No. 399, and International Brotherhood of Firemen and Oilers, Local No. 7, 6 N. L. R. B. N. " Matter of Great Lakes Engineering Works and Detroit Metal Trades Council, 3 N. L. R. B. 825.
180 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD all of the company's production employees, including its craft workers, constituted a single unit. Another labor organization, to which three craft miions were affiliated, claimed that the employees in the three crafts covered by those unions constituted one unit. The Board said : * * * The three crafts, however, have no more in common with each other than with five or six other crafts in the Company's plant. The only bond between these three crafts which is not common to all of the more highly skilled crafts in the Company's plant is the membership of their unions in the Council. In the Company's River Rouge plant there are 18 or 20 different crafts, of which at lea st'five or six are as highly skilled as those organized in unions affiliated with the Council and have the same basic minimum wage. Other crafts could be organized in craft unions eligible to membership in the Council. Its membership is not confined to the craft unions petitioning here. 'The function of trade councils, such as the Council here, in collective bargaining has always been to act as the representatives of their member craft unions, and not as representatives of the Individual members of those craft unions. They have never sought to take the place of the unions. In the light of the above facts, it is clear that the unit requested by the Council is not the proper unit. The Board then rejected the contention that all of the production employees constituted a single unit, and found that since the craft workers in question were highly skilled, they constituted three separate units." Where the Board finds that a craft unit is appropriate, it is sometimes called on to determine the exact limits of the craft. In Matter of Great Lakes Engineering 'Works," a separate unit was requested for the company's welders. The Board held first that although welders and burners ordinarily do not constitute a craft, since their work is done in connection with various other skilled operations, in this case they did constitute a separate unit, because of the unusual amount of welding and burning done in the shipbuilding and repair industry, and the fact that the company's welders and burners had been segregated in a separate department for 20 years. It held, second, that the union's contention for the exclusion of burners from the unit was not warranted, in view of the similarity of the work, and the lack of a sharp dividing line between welders and burners." (D) FOREMEN AND OTHER SUPERVISORY EMPLOYEES The exclusion of supervisory employees from bargaining units composed of ordinary employees is based on their connection with the management, with which collective bargaining is to take place. The dividing line between supervisory and nonsupervisory employees, however, is not always clearly defined. Generally, the Board has held 7° See also : Matter of Schick Dry Shaver Company and Ledge No. 1557, International Association of Machinists, 4 N. L. R. B. 246, and Matter of M. H. Birge and Sons Company and United Wail Paper Craftsmen and Workers of North America, 5 N. L. R. B. 314. TT Matter of Great Lakes Engineering Works and Welders International Association, 5 N. L. R. B. 788. 78 See also : Matter of The Novelty Steam Boiler Works and Local 101 Welders, Burners, Apprentices, A. F. of L., 7 N. L. R. B. 969, where welders were held not to constitute a separate unit because of the absence of factors present in the Great Lakes case; Matter of Waterbury Manufacturing Company and International Association of Machinists, Local 1535, 5 N. L. R. B. 288, where the Board excluded from the appropriate unit for machinists certain tool setters which the craft union did not wish to include. and certain unskilled laborers, which it did want included ; and Matter of Fairbanks, Morse t Company and Pattern Makers Association of Beloit, 7 N. L. R. B. 229, where certain unskilled employees were excluded from a unit limited to pattern makers.
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' 77,7.,Tri=1EST THIRD ANNUAL REPOR
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NATIONAL LABOR RELATIONS BOARD DONA
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CONTENTS • Page I. Introduction 1
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THIRD ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTION 3 1937, 34 percent;
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I. INTRODUCTION 5 Inasmuch as the d
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I. INTRODUCTION 7 to the particular
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II. THE NATIONAL LABOR RELATIONS BO
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Region 1, Old South Building, Bosto
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II. THE NATIONAL LABOR RELATIONS BO
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THE BOARD Appointed by President to
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III. PROCEDURE OF THE BOARD 17 in t
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yirolui OF THE BOARD 19 If the part
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IV. WORK OF THE BOARD 21 After thdl
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IV. WORK OF THE BOARD 23 Tables II
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IV. WORK OF THE BOARD 25 TABLE V
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V. COMPLAINT CASES A.. STATISTICAL
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TABLE VII.—Analysis of charges pe
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V. COMPLAINT CASES 31 TABLE VIII.-D
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V. COMPLAINT CASES 33 Decisions iss
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V. COMPLAINT OASES 35 TABLE XII.-Di
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V. COMPLAINT CASES 37 TABLE XIV.-Di
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VI. REPRESENTATION CASES A. STATIST
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VI. REPRESENTATION OASES 41 Represe
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VI. REPRESENTATION CASES 43 Decisio
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VI. REPRESENTATION CASES 45 TABLE X
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VI. REPRESENTATION CASES 47 TABLE X
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TABLE XXI.-Number of elections cond
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VII. PRINCIPLES ESTABLISHED In the
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VII. PRINCIPLES ESTABLISHED 53 him
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VII. PRINCIPLES ESTABLISHED 55 and
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VII. PRINCIPLES ESTABLISHED 57 pany
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VII. PRINCIPLES ESTABLISHED 59 6. I
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Vii. PRINCIPLES ESTABLISHED 61 alle
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VII. PRINCIPLES ESTABLISFIED 63 The
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VII. PRINCIPLES ESTABLISHED 65 ers
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VII. PRINCIPLES ESTABLISHED 67 oppo
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VII. PRINCIPLES ESTABLISHED 69 unio
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VH. PRINCIPLES ESTABLISHED 71 tion
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VII. PRINCIPLES ESTABLISHED 73 agai
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VII. PRINCIPLES ESTABLISHED 75 Upon
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WI. PRINCIPLES ESTABLISHED 77 convi
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VII. PRINCIPLES ESTABLISHED 79 Stea
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VII. PRINCIPLES ESTABLISHED 81 4. P
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VII. PRINCIPLES ESTABLISHED 83 "I h
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VII. PRINCIPLES ESTABLISHED 85 acte
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VII. PRINCIPLES ESTABLISHED 87 In a
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VII. PRINCIPLES ESTABLISHED 89 The
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VII. PRINCIPLES ESTABLISHED 91 with
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VII. PRINCIPLES ESTABLISHED 93 When
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\tn. ritniccipLEs ESTABLISH 95 sole
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VII. PILIXCIPLES ESTABLISH_ED 99 Th
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VII. PRINCIPLES ESTABLISHED 101 It
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VII. PRINCIPLES ESTABLISHED - 103 s
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VII. PRINCIPLES ESTABLISHED 105 the
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VII. PRINCIPLES ESTABLISHED 107 In
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VII. PRINCIPLES ESTABLISHED 109 fis
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VII. PRINCIPLES ESTABLISHED 111 ent
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VII. PRINCIPLES ESTABLISHED 113 tio
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VII. PRINCIPLES ESTABLISHED 115 law
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VII. PRINCIPLtS tSTA13LISIIED 119 t
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VII. PRINCIPLES ESTABLISHED 121 pro
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VII. PRINCIPLES ESTABLISHED 123 mov
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VT!. PRINCIPLES ESTA13LISHED 125 to
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VII. PRINCIPLES ESTABLISHED 127 1.
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Page 224 and 225: VIII. JURISDICTION 217 gress declar
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Page 228 and 229: IX. LITIGATION During the third yea
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IX. LITIGATION 229 notable is that
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IX. LITIGATION 231 order of the Boa
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IX. LITIGATION 233 in National Labo
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IX. LITIGATION 235 denied for the r
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IX. LITIGATION 237 E. CUMULATIVE SU
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IX. LITIGATION 239 National Labor R
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IX. LITIGATION 241 National Labor R
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X. TRIAL EXAMINERS' DIVISION The Tr
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XI. DIVISION OF ECONOMIC RESEARCH D
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XI. DIVISION OF ECONOMIC RESEARCH 2
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xn. PUBLICATIONS DIVISION 255 The f
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• XIII. LIST OF CASES FrEARD AND
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XIII. LIST OF CASES HEARD AND DECIS
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XM. LIST OF CASES HEARD AND DECISIO
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XILL LIST OF CASES HEARD AND DECISI
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XIII. LIST OF CASES 1:1RARD AND DEC
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XIV. FISCAL STATEMENT The expenditu
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APPENDIX A TABLE I.—Comparison, o
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APPENDIX A 287 TABLE H.-Comparison
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APPENDIX B LIST OF RECENT REFERENCE
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APPENDIX B 291 Collective bargainin
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