NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLISHED 189<br />
are usually considered as having interests distinguishing them from<br />
the latter. 27 Where it appears, however, that in fact their work<br />
is of a more or less mechanical nature, requiring little or no skill,<br />
they may be included in a plant unit.23 In Matter of Hubinger<br />
Company, 29 the two participating unions differed as to the inclusion<br />
of the company's laboratory employees in a plant unit. The Board<br />
said :<br />
* * There was no evidence in the record to indicate that any of the<br />
production or maintenance employees of that department are engaged in<br />
research, experimental, or any other kind of technical work. No special training<br />
other than a high school education is required, and most of the employees<br />
are engaged solely in gathering samples from the various departments of the<br />
Company. If, however, any employees of the laboratory department are engaged<br />
in research or experimental work, they should not be included in the<br />
same unit with the other production and maintenance employees.<br />
In Matter of U. 8. Testing Co., Ine., 30 the company operated two<br />
laboratories on separate floors. The union claimed that employees<br />
in one of these laboratories constituted an appropriate unit, and the<br />
company contended that employees in both laboratories should be<br />
considered together. In holding in favor of a separate unit as claimed<br />
by the union, the Board pointed out that:<br />
The bulk of the testing done on the fifth floor, however, relates to the physical<br />
qualities of raw silk and yarns. This testing requires mere visual or mechanical<br />
skill. It is to be contrasted with the general chemical testing of a wide variety<br />
of products carried on in the fourth-floor laboratory. It can be no mere chance<br />
that most of the fourth-floor employees have academic training while those on<br />
the fifth floor have not. Indeed, the fifth-floor supervisor is shown to have no<br />
academic training along technical lines.<br />
In two cases, 31 the Board has held that apprentices hired under arrangements<br />
made between an employer and a State agency should be<br />
excluded from a bargaining unit for other employees. However, in<br />
another case, 32 the Board held that the fact that the company signed<br />
individual contracts with those of its apprentices who were minors,<br />
and with their guardians, did not warrant the exclusion of apprentices<br />
from a plant unit, in view of other factors pointing to a similarity of<br />
interests between the apprentices and the other employees.<br />
Finally, the Board has held that doctors and nurses 33 and messengers<br />
34 have interests which are sufficiently dissimilar from those<br />
2% Matter of Hoffman Beverage Company and Joint Local Executive Board of International<br />
Union of United Breicery, Flour. Cereal. and Soft Drink Workers of America, 3 N. L.<br />
R. B. 584; Matter of Southern Chemical Cotton Company and Textile Workers Organizing<br />
Committee, 3 N. L. R. B. 869; Matter of American Sugar Refining Company and<br />
Committee for Industrial Organization, 4 N. L. R. B. 897: and Matter of Interlake Iron<br />
Corporation and Amalgamated Association of Iron, Steel, and Tin Workers of North<br />
America, Local No. 1657, 6 N. L. R. B. 780.<br />
=8 Matter of The B. F. Goodrich Company and United Rubbers Workers of America,<br />
Local No. 43, 3 N. L. R. B. 420; and Matter of Marlin-Rockwell Corporation and Local No.<br />
338, United Automobile Workers of America, 5 N. L. R. B. 206.<br />
.9 Matter of Hubinger Company and Corn Products Workers Union No. 19931 and Hub-<br />
Diger Company Employees Representation Plan, 4 N. L. R. B. 428.<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.<br />
Matter of Marlin-Rockwell Corporation and Local No. 338, United Automobile Workers<br />
of America, 5 N. L. R. B. 206 • and Matter of Fairbanks, Morse & Company and Pattern<br />
Makers Association of Beloit, 7 N. L. R. B. 229.<br />
22 Matter of Bendix Products Corporation and International Union, United Automobile<br />
Workers of America, Bendix Local No. 9, 3 N. L. R. B. 682.<br />
33 Matter of Westinghouse Airbrake Company and United Electric and Radio Workers of<br />
America, Railway Equipment Workers Local No. 610. 4 N. L. R. B. 403.<br />
3-t Matter of Armour ct Company and Amalgamated Meat Cutters and Butcher Workmen<br />
of North America, Local Union No. 413, 5 N. L. R. B. 975; and Matter of Interlake Iron<br />
Corporation and Amalgamated Association of Iron, Steel, and Tin Workers of North<br />
America, Local No. 1657, 6 N. L. R. B. 780.