NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLISHED 191<br />
of Shipowners' Association of the Pacific Coast, 42 in determining<br />
what classes of longshoremen had a substantial interest in the working<br />
conditions applicable to longshore work, the Board excluded those<br />
groups which did not depend chiefly on longshore work for their livelihood,<br />
but were called on only when there were no regular longshoremen<br />
available. 4 3<br />
In Matter of Flexo Products Corporation, 44 all but one of the company's<br />
employees worked only irregularly and intermittently. In<br />
determining the appropriate unit, the Board included those employees<br />
whom the company intended to call on as need arose.45<br />
The Board has held that part-time employees who are regularly<br />
employed may be included in an appropriate unit for full-time employees,"<br />
although in one case it was held that certain Saturday employees<br />
should be excluded from a unit of retail store employees<br />
because of their temporary tenure.47<br />
(0) FUNCTIONAL COHERENCE<br />
The functional coherence and interdependence of the various departments<br />
in mass-production industries has often impelled the Board<br />
to treat all of the production and maintenance employees of a given<br />
company as a single unit. Some of the reasons for this method of<br />
treatment are mentioned above, as are also the reasons for excluding<br />
supervisory and clerical employees. It should be noted, however,<br />
that the similarity of the nature of the work of production employees,<br />
which is stressed above, is not the sole reason for providing for the<br />
industrial form of collective bargaining. Functional interdependence<br />
between the various departments of a plant may lead to the same result,<br />
even where there is some difference between the skill required in<br />
those departments.<br />
Hence the Board has held that a close interrelation of the work<br />
of various departments of a plant tends to support a finding of one<br />
plant unit, rather than departmental units," and also militates against<br />
the splitting off of one department from a plant unit." Similarly,<br />
"Matter of Shipowners' Association of the Pacific Coast, Waterfront Employers Association<br />
of the Pacific Coast, The Waterfront Employers of Seattle, The Waterfront Employers<br />
of Portland, The Waterfront Employers Association of San Francisco, The Waterfront<br />
Employers Association of Southern California, and International Longshoremen's and<br />
Warehousemen's Union, District No. 1, 7 N. L. R. B. 1002.<br />
a But note that in that case certain men in San Francisco who were known as casual<br />
employees were included in the appropriate unit, since it appeared that they differed from<br />
the regular employees only in that the latter worked regularly for one company, whereas<br />
the former were available for work at any of the company-5' docks.<br />
44 Matter of Flexo products Corporation and International Brotherhood of Electrical<br />
Workers, Local B-713, 7 N. L. R. B. 1163.<br />
45 See also discussion of Matter of Alaska Packers Association and Alaska Cannery<br />
Workers Union Local No. 5, Committee for Industrial Organization. 7 N. L. R. B. 141, in<br />
section El above. In that case the three companies involved employed men only during<br />
certain parts of the year.<br />
" Matter of Daily Mirror, Inc. and The Newspaper Guild of New York, 5 N. L. R. B.<br />
362.<br />
47 Matter of Canadian Fur Trappers Corporation, Canadian Fur Trappers of New Jersey,<br />
Inc., Jordan's Inc.. Morris Dornfeld doing business as Werth's Wearing Apparel. and<br />
Department and Variety Stores Employees Union, Local 1115—A, 4 N. L. R. B. 904.<br />
48 Matter or Sheba Ann Frocks, Inc. and International Ladies' Garment Workers' Union<br />
of America, Locals 121 and 204, 3 N. L. R. B. 97; Matter of Huth cf James Shoe Mfg. Company<br />
and United Shoe Workers of America, 3 N. L. R. B. 220; Matter of Daily Mirror.<br />
Inc. and The Newspaper Guild of New York. 5 N. L. R. B. 362; Matter of American Oil<br />
Company and Oil Workers' International Union, 7 N. L. R. B. 210; and Matter of Proximity<br />
Print Works and Textile Workers Organizing Committee. 7 N. L. R. B. 803.<br />
co Matter of Fleischer Studios. Inc. and Commercial Artists & Designers Union—<br />
American Federation of Labor, 3 N. L. R. B. 207; Matter of Jones Lumber Company, West<br />
Oregon Lumber Company. Clark cf Wilson Lumber Company, B. F. Johnson Lumber Company.<br />
Portland Lumber Mills. Inman-Potasen Lumber Company, and Eastern & Western<br />
Lumber Company and Columbia River District Council of Lumber an4 Sawmill Workers'<br />
Union No. 5, etc., et a/., 3 N. L. It. B. 855; Matter of News Syndicate Co., Inc. and News-