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NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 183<br />

the subforemen and group leaders in question did manual work, but<br />

had the power to recommend hiring and discharging. The Board<br />

said :<br />

The subforemen and group leaders belong to a class of minor supervisory<br />

employees whose inclusion in or exclusion from a unit made up of production<br />

workers must depend largely upon the particular facts in each case. Where,<br />

as here, there is a history of rivalry among labor organizations claiming to<br />

represent amployees, it is important that the employer be free from the imputation<br />

of coercing his employees in their choice of representatives. Since subforemen<br />

and group leaders are in some measure identified with management, it<br />

is not improbable that their participation in a controversy between rival unions<br />

will lead to charges of employer interference. We will, therefore, exclude<br />

subforemen and group leaders, as well as general foremen, from the unit.<br />

Where all parties are agreed, however, that employees of a minor<br />

supervisory status should be included in a bargaining unit, the Board<br />

has ordinarily adopted their decision.°° However, in Matter of Roma<br />

Wine Company, 91 where two unions were involved, the Board said:<br />

Both unions admit foremen to membership and both claim that foremen<br />

who are members of either union should be included in the appropriate unit.<br />

The record does not indicate which foremen, if any, belong to either union. We<br />

might be disposed to adopt a recommendation by both unions for the inclusion<br />

of all foremen in the appropriate unit. We cannot, however, include<br />

merely those foremen who happen to belong to either union at this time, and<br />

thus embody in a definition of the appropriate unit the fortuitous state of<br />

organization existing among the foremen at present. We shall, therefore,<br />

follow our usual practice and exclude foremen.°<br />

Employees who inspect the work of other employees, and whose<br />

decisions consequently affect the wages received by the latter, and<br />

also disclose bad work performed by them, have been held by the<br />

Board sufficiently close to the management to warrant their exclusion<br />

from a unit for production workers, where the participating<br />

labor organization desires such exclusion. 93 In one case, however,<br />

where both of the unions involved admitted inspectors to membership,<br />

the Board included them in the unit, despite the objection of<br />

one of the unions."<br />

0° Matter of Campbell Machine Company, David C. Campbell and George E. Campbell, copartners,<br />

trading as Campbell Machine Company, and international Association of Machinists,<br />

Local No. $89; Shipwrights, Boatbuilders & Caulkers; and International Brotherhood<br />

of Electrical Workers, Local No. 569, 3 N. L. R. B. 793 (foremen and assistant foremen)<br />

Matter of Jones Lumber Company, West Oregon Lumber Corn pang, Clark & Wilson Lumber<br />

Company, B. F. Johnson Lumber Company, Portland Lumber Mills, Inman-Poulsen Lumber<br />

Company, and Eastern & Western Lumber Company and Columbia River District Council<br />

of Lumber and Sawmill Workers' Union No. 5, etc., et al., 3 N. L. R. B. 855 (foremen;<br />

Matter of American Hardware Corporation and United Electrical and Radio Workers of<br />

America, 4 N. L. R. B. 412 (foremen) ; Matter of McKesson & Robbins, Inc., Blumauer<br />

Frank Drug Division and International Longshoremen and Warehousemens Union, Local<br />

9, District 1, affiliated with the (.7. I. 0., 5 N. L. R. B. 70; Matter of Santa Fe Trails Transportation<br />

Company and International Association of Machinists, Local Lodge 1308, 7 N. L.<br />

R. B. 358 (foremen) ; Matter of Pier Machine Works, Inc. and Industrial Union of Marine<br />

and Ship Building Workers of America, Local No. 13, 7 N. L. R. B. 401 (assistant foremen)<br />

and Matter of National Licorice Company and Bakery and Con fectionerv Workers International<br />

Union of America, Local Union 405, Greater New York and Vicinity, 7 N. L. R. B.<br />

537 (working foremen).<br />

21 Matter of Roma Wine Company and International Longshoremen's and Warehousemen's<br />

Union, 7 N. L. R. B. 135.<br />

92 See also Matter of French Maid Dress Company, Inc., and International Ladies Garment<br />

Workers Union, Local No. 166, 5 N. L. It. B. 325.<br />

Matter of The International Nickel Company, Inc. and Square Deal Lodge No. 40,<br />

Amalgamated Association of Iron, Steel and Tin Workers of North America, through<br />

Steel Workers Organizing Committee, 7 N. L. R. B. 46; and Matter of Keystone Manufacturing<br />

Company and United Toy and Novelty Workers Local Industrial Union No. 538 of the<br />

C. I. 0., 7 N. L. B. B. 172.<br />

94 Matter of Friedman Blau Farber Company and International Ladies' Garment Workers'<br />

Union, Local No. 295, 4 N. L. R. B. 151.

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