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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.

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