NATIONAL LABOR RELATIONS BOARD

190 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
of ordinary production workers to warrant their exclusion from a
unit composed chiefly of the latter.
(F) TEMPORARY AND CASUAL EMPLOYEES
Where a company employs men for temporary periods, the question
may arise whether such employees are to be included in one unit with
those who do the same type of work on a permanent basis.
In Matter of Bishop & Company, Ine., 39 it appeared that in addition
to 100 regular production employees, the company took on "extra"
or "make-shift" employees during its rush season. About one-quarter
of these employees returned from year to year for such rush season.
It was contended by one of the unions involved that these employees
should be excluded from the bargaining unit because of the casualness
of their relationship with the company. The Board agreed, saying :
We conclude that the difference in the employment relationship of the extra
employees and of those employed by the company throughout the year is such
that there is not a sufficient community of interest between these groups for collective
bargaining as a unit!'
However, the mere fact that the employer's business is seasonal has
been held not to Warrant a distinction between year-round and other
employees, where there is no showing that any recognition of a difference
between the two classifications has been made by the employer.38
Under some circumstances, new employees may also be considered as
having temporary status. In Matter of Stackpole Carbon Company
,39 the only union involved desired to exclude certain temporary
employees from a bargaining unit of production and maintenance
workers. It appeared that the company paid lower wages to its new
employees for 6 weeks, during which time they were on probation.
None of such employees had joined the union, and apparently they
were not eligible to membership. The Board held that, in view of
these factors, and the shortness of the probationary period, the temporary
employees should be excluded.40
In cases involving longshoremen and shore gangs, it is commonly
necessary for the Board to adopt a formula to determine which employees
have worked with an employer with sufficient regularity to
entitled them to a voice in determining representatives." In Matter
85 The problem of determining which men have sufficient status as employees of a company
to be entitled to a voice in the selection of representatives, as distinguished from
the problem of determining what classes of employees should be Included in one appropriate
unit, is discussed above in section #3 (A) and (B).
Matter of Bishop & Company, Inc., and United Cracker, Bakery, and Confectionery
Workers, Local Industrial Union. No. 2, .4 N. L. R. B. 514.
37 See also : -Matter of Southern Chemical Cotton Company and Textile Workers Organizing
Committee, 3 N. L. R. B. 869; and Matter of Armour & Company and Amalgamated
Meat Cutters and Butcher Workmen of North America, Local Union No. 413, 5 N. L. R. B.
975.
38 Matter of Sheba Ann Frocks, Inc. and International Ladies' Oarmcnt Workers' Union
of America, Locals 121 and 204, 3 N. L. R. B. 97.
82 Matter of Stackpole Carbon Company and United Electrical i Radio Workers of
America, Local No. 502, 6 N. L. It. B. 171.
Compare Matter of Century Mills, Inc. and South Jersey Joint Board, of the International
Ladies Garment Workers Union, 5 N. L. R. B. 807, where the company's contention
that employees who had worked less than 3 months were known as learners and should be
excluded was rejected. It did not appear that the learners were employed otherwise than
in ordinary work, and many had joined the union involved in the case.
41 Matter of McCabe, Hamilton and Ronny, Limited and Honolulu Longshoremen's Association,
Local 38-136 of the International Longshoremen's Association, 3 N. L. R. B. 547
(those who had worked 75 hours or more during the 6-month period prior to the issuance
of the Direction of Election) ; Matter of International Mercantile Marine Company and
United States Lines Company and Industrial Union of Marine and Shipbuilding Workers of
America, Local No. 22, 3 N. L. R. B. 751 (those who had worked 24 days during the
3 months preceding the date of the hearing).