1 - National Labor Relations Board

38 Thirty-fourth Annual Report of the National Labor Relations Board
not represented at the arbitration hearing, its position was identical
with that of the employer and the employer "vigorously" asserted
its position in the arbitration proceeding. In this case the
Board found that, as in Raley's, the petitioning union did not
participate in the arbitration proceeding but the employer did,
and asserted a position identical with that union's position ; namely,
that the existing contract did not cover the cashiers. The
Board concluded, however, that deference should not be accorded
the award since, in its view, the award suffered from two primary
deficiencies—the failure of the parties to provide the arbitrator
with information concerning the long history of the incumbent's
attempts to organize the employees of the employer
and the consistent exclusion of cashiers from these efforts and
the failure to provide him with a clear understanding of the
duties of the employees in question. In directing an election, the
Board also rejected the employer's contention that the cashiers
constituted an accretion to the unit covered by the agreement,
since the parties' clearly intended to exclude cashiers at the time
the agreement was signed, and the duties of the cashiers had not
changed.