NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 187
exclusion is demanded by the only unions involved. 14 This is likewise
the case where one union argues for such exclusion and another
opposes it. Thus, in Matter of Plankinton Packing Compan7j,19 it
was stated :
The only question raised concerned the contention of the Amalgamated that
19 watchmen and one fire-prevention employee should be included within the
bargaining unit. The United opposed such inclusion. The watchmen's duties
consist in plant protection, fire prevention and in policing the plant against
robbery and theft. They perform no manual labor on livestock. The fire-prevention
man looks after the extinguishers, fire apparatus, and equipment, and
at times performs the duties of a watchman. It has been our practice not to
include watchmen within a bargaining unit composed essentially of production
and maintenance employees if objection thereto is raised by a participating
labor organization. We find, therefore, that the watchmen and fire-prevention
employee should be excluded from the unit.le
However, where all parties are agreed that watchmen should be
included in a bargaining unit, 17 or where only the employer contends
that they should be excluded, 18 they are ordinarily included.
Thus, in Matter of Sweet Candy Company, 19 it was said :
The Union desires to include watchmen in the unit claimed to be appropriate.
The Company makes no objection. In the past, we have usually excluded
watchmen from a bargaining unit composed primarily of production employees,
on the basis of the differences in function and interest of the two groups. We
shall, however, permit the watchmen to be included in this unit because of
the fact that neither party makes any objection to their inclusion, and because
to bold otherwise virtually would deprive the watchmen of opportunity for
collective action and representation, since there is no other labor organization
at the plant to which they are eligible for membership.
The Board has held that shipping and receiving-room employees
may be excluded from a bargaining unit for production employees
Farm Equipment WO-kers Association Division of A. A. I. S. & T. W. N. A. Lodge No.
1320, C. I. O., 5 N. L. R. B. 192; Matter of Stephen Ransom, Inc. and Industrial Union of
Marine and Shipbuilding Workers of America, Local No. 13, 5 N. L. R. B. 689 •, and matter
of Burnside Steel Foundry company and Amalgamated Association of Iron, Steel and Tin
Workers of North America. Lodge No. 1710, 7 N. L. R. B. 714.
14 Matter or General Mills, Inc., doing business under the trade name of Washburn
Crosby Company and Flour, Feed, and Cereal Workers Federal Union No. 19134. and United
Grain and Cereal Workers. Local No. 240, 3 N. L. R. B. 730; Matter of Stackpole Carbon
Company and United Electrical & Radio 'Workers of Amdrica, Local No. 502, 6 N. L. R. B.
171; Matter of Eagle Manufacturing Company and Steel Workers Organizing Committee,
6 N. L. R. B. 492; and Matter or 1Voodside Cotton Mills Company and Textile Workers
Organizing Committee, 7 N. L. R. B. 960.
" Matter of Plankinton Packing Company and Packing House Workers Organizing Committee
on Behalf of Local 631 of the United Packing House Workers of America, 5 N. L. R. B.
813.
10 See also : Matter of Richardson Company and Local Union No. 442, U. A. W. A., 4 N. L.
R. B. 835; Matter of American Sugar Relining Company and Committee for Industrial
Organization, 4 N. L. R. B. 897; Matter of Armour cE Company and Amalgamated Meat
Cutters and Butcher Workmen of North America, Local Union No. 413, 5 N. L. R. B. 975;
Matter of Simmons Company and Steel Workers Organizing Committee, 6 N. L. R. B. 208;
Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel, and Tin
Workers of North America, .ca./ No. 1657, 6 N. L. R. B. 780; Matter of Tennessee Electric
Power Company and International Brotherhood of Electrical Workers, 7 N. L. R. B. 24;
and Matter of Walker Vehicle Company and the Automatic Transportation Company divisions
of the Yale & Towne Manufacturing Company and Walker-Automatic Independent Labor
Association, 7 N. L. R. B. 827.
17 Matter of Sweet Candy Company. a corporation and Candy Workers' Local No. s73.
5 N. L. R. B. 541; and Matter of J. G. McDonald Chocolate Company, a corporation and
Candy Workers' Local No. 373, 5 N. L. R. B. 547.
is Matter of Holland Reiger Division of Apex Electric Co. and United Electrical, Radio
& Machine Workers of America, 6 N. L. R. B. 156; and Matter of the American Hair
& Felt Company and Jute, Hair & Felt Workers, Local No. 163, 6 N. L. R. B. 648. But
compare Matter of Bendix Products Corporation and International Union, United Automobile
Workers of America, Bendi,v Local No. 9, 3 N. L. R. B. 682.
19 of Sweet Candy Company, a corporation and Candy Workers' Local No. 373,
5 N. L. R. B. 541.
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