NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISH -ED 181
that employees who have the power to hire and discharge,79 or the
power to recommend hiring, discharging, or the granting of wage
increases,s° or those whose duties include apportioning work, enforcing
discipline, or maintaining productivity 81 have interests which differentiate
them from ordinary production employees, even though they
may engage in a substantial amount of productive work themselves.
Where it appears, however, that the employees who are alleged to
have duties of a supervisory nature, in fact have interests which
relate them most closely to other production employees, the Board may
refuse to exclude them from the unit.82
In Matter of Alabama Drydock & Shipbuilding Co.,ss one of the
unions contended that employees known as "leader men" should be
excluded from the bargaining unit. The Board said:
The position of a leaderman is in the nature of a gang boss or leader of a
gang of men. No leaderman is continually at the head of the same gang of
workmen, both because gangs are formed and broken up according to the nature
and extent of the work in the yards from time to time and because most leadermen
act in that capacity only part of the time. No leaderman has the power
to hire or discharge. In fact, discharges apparently result only when a series
of complaints against an employee have been made to the foremen by various
leadermen with whom he has worked. From the testimony it appears that
there are two types of leadermen, those paid on an hourly basis and those
paid on a salary basis. Hourly paid leadermen spend part of their time working
as ordinary employees. They work as leadermen only when the number of
gangs in the yards increases to such an extent that some gangs are without
leadermen. When working as ordinary employees, so-called leadermen have no
unusual rights and privileges other than possible preference with regard to
employment. Hourly paid leadermen may be temporarily laid off during slack
periods along with ordinary employees. Salaried leadermen, however, have a
more permanent status. They never work as ordinary employees, they are
the only employees working steadily as leaderraen, and they are not subject to
temporary lay-offs because of fluctuation in work. While there is often no substantial
difference between salaried and hourly paid employees with respect to
collective bargaining, it appears in the instant case that the status of the
salaried leadermen is such as to give them interests differing from those shared
by hourly paid leadermen and all other employees and which relate them more
closely to the management. We feel, therefore, that salaried leadermen should
Matter of Southern Chemical Cotton Company and Textile Workers Organizing Committee,
3 N. L. R. B. 869; and Matter of Minnesota Broadcasting Company Operating
1VTCN and Newspaper Guild of the Twin Cities, Minneapolis and St. Paul, Local No. 2 of
the American Newapaper Guild, 7 N. L. R. B. 867. •
"Matter of United Press Associations and American Netcapaper Guild, 3 N. L. R. B.
344; Matter of Zellerbach Paper Company and International Longshoremen and Warehousemen's
Union, Local 1-26, 4 N. L. R. B. 348; Matter of The Kinnear Manufacturing
Company and Steel Workers Organizing Committee affiliated with Committee for Industrial
Organization, 4 N. L. R. B. 773; Matter of National Motor Bearing Company and
International Union, United Automobile Workers of America, Local No. 76, 5 N. L. R. B. 409;
and Matter of The Triplett Electrical Instrument Company, The Diller Manufacturing
Company, doing business under the firm name and style of Readrite Meter Works and
United Electrical and Radio Workers of America, Local No. 714, 5 N. L. R. B. 835.
el Matter of Fleischer Studios, Inc. and Commercial Artists ct Designers Union—American
Federation of Labor, 3 N. L. R. B. 207; Matter of Armour & Co. (West Harlem
Market) and The Committee for Industrial Organization, 4 N. L. R. B., 951; Matter of
Canny Rope Works, Inc. and Textile Workers Organizing Committee, C. I. 0., 4 N. L. R. B.
1100; Matter of National Motor Bearing Company and International Union, United Automobile
Workers of America, Local No. 76, 5 N. L. R. B. 409; Matter of The Tripplet
Electrical Instrument Company. The Diller Manufacturing Company, doing business
under the firm name and style of Readrite Meter Works and United Electrical and
Radio Workers of America, Local No. 714, 5 N. L. R. B. 835; and Matter of Sandusky
Metal Products, Inc. and American Federation of Labor, 6 N. L. R. B. 12.
82 Matter of Southern Chemical Cotton Company and Textile Workers Organizing Committee,
3 N. L. R. B. 869; Matter of Marlin-Rockwell Corporation and Local No. 338, United
Automobile Workers of America, 5 N. L. R. B. 206; Matter of Lidz Brothers, Incorporated
and United Wholesale Employees, (Local No. 66), 5 N. L. R. B. 757; Matter of North
Star Specialty Co. and International Association of Machinists, Local 362, 5 N. L. R. B. 763;
and Matter of Century Mills, Inc. and South Jersey Joint Board, of the International Ladies
Garment Workers Union, 5 N. L. R. B. 807.
"Matter of Alabama Drydock it Shipbuilding CO. and Industrial Union of Marine and
Shipbuilding Workera of America, Local No. 18, 5 N. L. B. B. 149.