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NATIONAL LABOR RELATIONS BOARD

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188 THIRD ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />

where all parties are agreed on such exclusion, 20 or where the only<br />

union involved desires such exclusion, but the employer does not.21<br />

The Board has held in many cases that employees with special<br />

technical training will not usually be included in one unit with<br />

ordinary production employees. In Matter of Northrop Corpora-S<br />

tion,22 the inclusion in a plant unit of employees in the company's<br />

engineering and production control departments was in issue. The<br />

Board said:<br />

Many of the men employed in the non-clerical portions of these two departments<br />

are college graduates, and regard their positions as careers. The economic<br />

interests of these workers and their relation to the company are on an<br />

entirely different plane from those of the production workers.<br />

The Board has accordingly held that normally 23 engineers and draftsmen,24<br />

chemists, 23 and other technical employees, 26 should be excluded<br />

from a plant unit.<br />

Laboratory employees, by virtue of special training or the fact<br />

that their work is entirely separate from that of other employees,<br />

Matter of J. G. McDonald Chocolate Company, a corporation and Candy Workers'<br />

Local No. 373, 5 N. L. R. B. 547.<br />

• Matter of U. S. Testing Co., Inc. and Federation of Architects, Engineers, Chemists &<br />

Technicians. C. I. 0., 5 N. L. R. B. 696; Matter of John Minder and Son, Inc. and Butchers<br />

Union, "Local No. 174, 0 N. L. It. B. 764; and Matter of National Candy Company,<br />

Veribrite Factory and Local 351 Candy Workers, affiliated with Bakery and Confectionery<br />

Workers International Union of America (A. F. of L. Affil). 7 N. L. R. B. 1207<br />

Compare Matter of Marks. Brothers Company and United Toy and Novelty Workers Local<br />

Industrial Union No. 538, affiliated with the 0. I. 0. 7 N. L. R. B. 156, and Matter of<br />

Keystone Manufacturing Company and United Toy arid Novelly Workers Local Industrial<br />

Union No. 538 of the C. /. 0.. 7 N. L. R. B. 172, where the union desired the inclusion of<br />

shipping room employees but the exclusion of stock room employees. The Board held<br />

that both groups should be included in the appropriate unit.<br />

22 Matter of Northrop Cdrporation and United Automobile Workers, Local No. 229, 3<br />

N. L. R. B. 228.<br />

See quotation from Matter of Tennessee Copper Company and A. F. of L. Federal<br />

Union No. 21164, 5 N. L. R. B. 768, In section G 1 above.<br />

▪ Matter of Northrop Corporation and United Automobile Workers, Local No. 229, 3<br />

N. L. R. B. 228; Matter of Bartlett & Snow Company and The Bartlett & Snow Employees'<br />

Association. Inc., and United 'Automobile Workers of America, 4 N. L. R. B. 113; Matter<br />

of Westinghouse Airlwake Company and United Electric and Radio Workers of America,<br />

Railway Equipment Workers Local No. 610, 4 N. L. R. B. 403; Matter of Todd Shipyards<br />

Corporation. Robins Dry Dock and Repair Co., and Tietjen and Lang Dry Dock Co. and<br />

Industrial Union of Marine and Shipbuilding Workers of America ., 5 N. L. R. B. 20:<br />

Matter of Marlin-Rockwell Corporation and Local No. 338, United Automobile Wo rkers of<br />

America. 5 N. L. R. B. 206;• Matter of New Idea. Inc. and The A. F. of L.. 5 N. L. R. B.<br />

381; Matter of Tennessee Copper Company and A. F. of L. Federal Union No. 81164,<br />

5 N. L. R. B. 768; Matter of Interlake Iron Corporation and Amalgamated Association<br />

of Iron, Steel, and Tin Workers of North America, Local No. 16,57. 6 N. L. R. B. 780:<br />

Matter of Keystone Manufacturing Company and United Toy and Novelty Workers Local<br />

Industrial Union No. 538 of the C. I. 0., 7 N. L. R. B. 172; and Matter of Walker<br />

Vehicle Company and the Automatic Transportation Company, divisions of the Yale tf<br />

Towne Manufacturing Company and Walker-Automatic Independent Labor Association.<br />

7 N. L. R. B. 827. See also : Matter of Allis-Chalmers Manufacturing Company and<br />

International Union, United Automobile Workers of America. Local 248. 4 N. L. R. B.<br />

159. in wh 4ch a. separate unit for draftsmen and engineers was considered appropriate.<br />

And comnare Matter of Atlantic Basin Iron Works and Industrial Union of Marine and<br />

Shipbuilding Workers of America, Local No. 13, 5 N. L. R. B. 402, where the Board refused<br />

to exclude all employees in the company's engineerin g department. in the abseme of<br />

evidence as to the nature of their duties, but held : "If any cf the employees of this<br />

department are engaged in technical or experimental work requiring special training<br />

or skill, they will not he included in the same unit with the production and maintenance<br />

employees. All employees of the engineering department whose duties do not involve<br />

such special training or sill' will, however, be included in the unit."<br />

26 Matter of Hoffman Beverage Company and Joint Local Executive Board of International<br />

Union of United Brewery, Flour, Cereal, and Soft Drink Workers of America, :3<br />

N. B. R. B. .584; Matter of International Harvester Company Tractor Works and Farm<br />

Equipment Workers Association, Division of A. A. I. S. & T. W. N. A., Lodge No. 1320.<br />

0. /. 0.. 5 N. B. R. B. 102: Matter of Tennessee Copper Company and A. F. of L. Federal<br />

Union No. 21164, 5 N. B. R. B. 768 : Matter or Armour 4 company and Amalgamated Meat<br />

Cutters and Butcher Workmen of North America, Local Union No. 41.3, 5 N. B. R. B. 975<br />

Matter of Interlake Iron Corporation and Am'algarnated Association of Iron, Steel. and<br />

Tin Workers of North America, Local No. 1657, 6 N. L. R. B: 780; and Matter of Pennsylvania<br />

Salt Manufacturing Company and Local Union. No. 19055 of District No. 50, United<br />

Mine Workers of America, 3 N. B. R. B. 741; althou gh in the last-named case, one of<br />

the chemists was an officer of one of the two unions involved, and another chemist had<br />

joined the other.<br />

2° Matter of Sunshine Mining Company and International Union of Mine, Mill, and<br />

Smelter Workers, 7 N. L. R. B., No. 144,

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