NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES ESTABLISHED 63 G. THE UNIT APPROPRIATE FOR THE PURPOSES OF COLLECTIVE BARGAINING 1. IN GENERAL Section 9 (b) of the Act provides that— The Board shall decide in each case whether, in order to insure to employees the full benefit of their right to self-organization and to collective bargaining, and otherwise to effectuate the policies of this act, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof. Such a determination is required in two types of cases : (1) cases involving petitions for certification of representatives, pursuant to section 9 (c) of the Act, and (2) cases involving charges that an employer has refused to bargain collectively with the representatives of his employees, in violation of section 8 (5) of the Act. In each instance, a finding as to the appropriate unit is indispensable to the ultimate decision. As pointed out in previous annual reports, 31 the complexity of modern industry, transportation, and communication, and the numerous and diverse forms which self-organization among employees can take and has taken, preclude the application of rigid rules to the determination of the unit appropriate for the purposes of collective bargaining. In attempting to ascertain the groups among which there is that mutual interest in the objects of collective bargaining which must exist in an appropriate unit, the Board takes into consideration the facts and circumstances existing in each case. 32 Thus, in Matter of Shipowners Association of the Pacific Coast, 33 the Board stated the following: The parties are not in dispute that comparatively uniform standards for longshoremen should prevail all along the Pacific Coast. This is the ideal and was eagerly sought by the union leaders and the articulate rank and file until the split occurred in the longshoremen's organization in 1937. The Board, however, must decide upon the appropriate unit not under ideal conditions but under all the circumstances in each case.'" The factors which the Board considers in determining which unit or units are appropriate have been set forth in detail in prior annual reports.35 During the last fiscal period these factors have been weighed and evaluated in numerous cases. A number of the more interesting of these decisions have been selected for discussion. 2. SCOPE OF THE UNIT: INDUSTRIAL, CRAFT OR DEPARTMENTAL The Board must determine frequently whether the appropriate unit or units are industrial, including practically all the employees in the plant; semi-industrial, including a majority of the employees; multicraft, including skilled workers; craft, including one group of skilled workers; or some other unit, including part of the employees. 31 Third Annual Report, p. 160; Fourth Annual Report, p. 82; Fifth Annual Report, p. 63. to See Fourth Annual Report, pp. 82-3; Fifth Annual Report, p. 64. Matter of Shipowners Association of the Pacific Coast etc. and International Longshoremen's Association, etc., 32 N. L. R. B., No. 124. '4 "See sec. 9 (b) of the Act." 15 Fourth Annual Report, pp. 82-97; see also Fifth Annual Report, pp. 63-72, and Third Annual Report, pp. 160-180.
64 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD In Matter of Bethlehem Steel Company 86 the petitioning labor organization urged the establishment of a unit of approximately 35 pattern makers and pattern-maker apprentices at Sparrows Point where 25,000 persons were employed. The opposing organization contended for an industrial unit of all employees of the company or, in the alternative, of all employees at the Sparrows Point shipyard, and requested, accordingly, that the petition for the smaller unit, be dismissed. The pattern makers and apprentices worked in one department in a separate building. The craft union had had members among the pattern makers for 25 years and had bargained with the company on behalf of its members concerning rates of pay. It carried insurance and sick and death benefits for its members, had a strike fund, and maintained an employment agency. The industrial union began organization in 1936 and obtained wage increases throughout the industiy, which had accrued to the benefit of the pattern makers. It claimed no members, however, among the pattern makers at Sparrows Point. Under these circumstances, and in view of the further fact that pattern makers constitute a well established and highly skilled craft requiring a long apprenticeship, the Board found the unit of pattern makers and pattern-maker apprentices to be appropriate. In Matter of Dain, Manufacturing Company 87 a labor organization petitioned for a unit of machinists. Two opposing organizations requested the establishment of an industrial unit which would include the machinists with other employees. All three organizations had members among the machinists but there was no history of collective bargaining in the plant by the craft or the industrial unions. Many of the machinists were highly skilled and had served an apprenticeship. They worked in a department separated from other employees, were required to purchase some of their own instruments, and were paid on a different basis than other employees. On the other hand the operations in the plant were highly integrated, thus tending to establish the appropriateness of an industrial unit. The Board held that under these circumstances either unit might be appropriate and that the determinative factor should be the desires of the emp1oyees. 38 Accordingly, it directed that a separate election be held among the machinists to determine whether they wished to constitute a separate unit or be merged into the industrial unit. In Matter of Staley Manufacturing Company 39 three craft unions petitioned for separate craft units composed, respectively, of electrical workers, machinists, and carpenters. A fourth organization urged a semi-industrial unit of all production and maintenance employees, excluding those claimed by the three craft groups. These four organization were affiliated with the same parent organization. A fifth organization, unaffiliated with any other body, claimed that the appropriate unit consisted of all production and maintenance employ- Matter of Bethlehem Steel Company, eta., and Pattern Makers League, etc., 32 N. L. R. B., No. 176. , 87 Matter of Dain Manufacturing Co. and International Association of Machinists, etc., 29 N. L. R. B., No. 93. 88 Cf. Third Annual Report, pp. 167-168. 89 Matter of A. E. Staley Mfg. Co. and United Grain Processors Union, etc., 31 N. L. R. B., No. 161.
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
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I. A SUMMARY 5 report is used as a
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ClIAPTE11 It THE NATIONAL LABOR REL
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II. THE NATIONAL LABOR RELATIONS ;
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III. STATISTICAL RECORD OF BOARD AC
Page 20 and 21: Ill. ,STATISTICAL RECORD OF BOARD A
Page 22 and 23: III. STATISTICAL RECORD OF BOARD AC
Page 30 and 31: Metal mining Coal mining Crude petr
Page 36 and 37: TABLE 1 1.-Number of cases and numb
Page 38 and 39: Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 60 and 61: IV. PRINCIPLES ESTAISLISUEL-ED 53 A
Page 62 and 63: IV. PRINCIPLES 'ESTABLISHED 55 I. I
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 68 and 69: IV. PRINCIPLES 'ESTABLISHED 61 vote
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 88 and 89: V. JURISDICTION 81 and outgoing int
Page 90 and 91: CHAPTER VI LITIGATION A decided inc
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 104 and 105: VI. LITIGATION 97 Court ruled that
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111: VI. LITIGATION 103 D. SPECIAL LITIG
Page 112 and 113: VI. LITIGATION 105 B. APPLICATION O
Page 114 and 115: APPENDIX A REGIONAL OFFICES—LOCAT
Page 116 and 117: APPENDIX A Region 11, Architects In
Page 118 and 119: APPENDIX B CASES HEARD DURING THE F
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APPENDIX B 113 Jackson Cookie Co.,
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APPENDIX B 115 Western Printing Co.
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APPENDIX B 117 Chrysler Corporation
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APPENDIX B 119 Hardy Mfg. Co., owne
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APPENDIX B 121 Missouri Rolling Mil
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APPENDIX B 123 Selznick Internation
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APPENDIX B 125 Westinghouse Electri
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APPENDIX C 127 Vol. No. Fletcher Pa
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APPENDIX C 129 Vol. No. Texarkana B
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APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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