NATIONAL LABOR RELATIONS BOARD

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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.
182 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD be excluded from the bargaining unit, but that the hourly paid leadermen should be included therein. Where it appears that certain employees do have a supervisory status, it has been the, practice of the Board to exclude them from bargaining units, unless some reason is shown for their inclusion. In Matter of Keystone Manufacturing Company," the Board said : * * * The record indicates that in addition to foremen there are certain assistant foremen who, although they do not have authority to hire and discharge, direct the work of employees under them and exercise other supervisory powers. While the record does not clearly reveal the full extent of their duties, we must assume, in the absence of any evidence to the contrary, that they are more closely associated with the management than with the employees who work under their direction. Accordingly, both foremen and assistant foremen will be excluded from the appropriate unit Again in Matter of Pacific Manifoldin,g Book Company, Inc.," it was said : The only disagreement as to unit arises from the desire of Local No. 382 to include working foremen (i. e. foremen who actually do work with their hands in the process of production), of whom there are about nine, with the production employees. The plan excludes them. There has not been sufficient evidence presented by Local No. 382 that the interests of the working foremen are so allied with those of the regular production employees as to warrant their inclusion in one unit." The Board has excluded employees of minor supervisory status either where the only union or unions involved desired such exclusion, and it was opposed only by the employer, 87 or where one rival union desired such exclusion and it was opposed by another. 88 Matter of Real Manufacturing Co., Inc., 80 was a case of the litter sort, where "Matter of Keystone Manufactuning Company and United Toy and Novelty Workers Local Industrial Union Np. 538 of the C. I. 0., 7 N. L. R. B. 172. 85 Matter of Pacific Manifolding Book Company, Inc and International Printing Pressmen and Assistants' Union of North America, 3 N. L. R. B. 551. 80 also: Matter of General Mills, Inc., doing business under the trade name, of Wash- • burn Crosby Company and Flour, Feed, and Cereal Workers Federal Union No. 19184, and United Grain and Cereal Workers, Local No. 240, 3 N. L. R. B. 730; Matter of Pennsylvania Salt Manufacturing Company and Local Union No. 12055 of District No. 50, United Mine Workers of America, 3 N. L. R. 13. 741; 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. I. 0., 5 N. L. R. B. 443; Matter of General Leather Products, Inc. and Suitcase, Bag d Portfolio Makers Union, 5 N. L. R. B. 573; and Matter of Marks Brothers Company and United Toy and Novelty Workers Local Industrial Union No. 538, affiliated with the C. I. 0., 7 N. L. R. B. 156. " Matter of Fleischer Studios, Inc. and Commercial Artists d Designers Union—American Federation of Labor, 3 N. L. R. B. 207; Matter of Gating Rope Works, Inc. 9.nd Textile Workers Organizing Committee, C. I. 0., 4 N. L. R. B. 1100; Matter of The Triplett Electrical Instrument Company, The Diller Manufacturing Company, doing business under the firm name and style of Readrite Meter Workers and United Electrical and Radio Workers of America, Local No. 714, 5 N. L. R. B. 835; and Matter of Burnide Steel Foundry Company and Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge No. 1719, 7 N. L. R. B. 714. 88 Matter of Pacific Manifolding Book Company, Inc. and International Printing Pressmen and Assistants' Union of North America, 3 N. L. R. B. 551; Matter of Friedman Blau Farber Company and International Ladies' Garment Workers' Union, Local No. 295, 4 N. L. R. B. 151; Matter of Zellerbach Paper Company and International Longshoremen and Warehousemen's Union, Local 1-26, 4 N. L. R. B. 348; Matter of Westinghouse Airbrake Company and United Electric and Radio Workers of America, Railway Equipment Workers Local No. 610, 4 N. L. R. B. 403; 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 International Harvester Company Tractor Works and Farm Equipment Workers Association Division of A. A. I. S. d T. W. N. A. Lodge No. 1320, C. I. 0., 5 N. L. R. B. 192; 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 Simmons Company and Steel Workers Organizing Committee, 6 N. L. R. B. 208; Matter of Charles R. McCormick Lumber Co. and International Woodworkers of America, Local IR, 7 N. L. R. B. 38; Matter of Rem Manufacturing Co., Inc. and A. F. of L. Federal Local Union No. 20893, 7' N. L. R. B. 95, and Matter of Pressed Steel Car Company, Inc. and Steel Workers Organizing Committee, 7 N. L. R. B. 1099. "Matter of Rem Manufacturing Co., Inc. and A. F. of L. Federal Local Union, No. 20893. 7 N. L. R. B. 95.
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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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VII. PRINCIPLES ESTABLISHED 129 Pac
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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 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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NATIONAL LABOR RELATIONS BOARD

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