NATIONAL LABOR RELATIONS BOARD

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ni. PRINCIPLES ESTABLISHED 67 4. MULTIPLE EMPLOYEM UNITS In determining whether or not the employees of two or more companies should be joined in one unit, the Board distinguishes between companies interrelated through common ownership and management, and competing companies. In the former category the same principles are applied as if the question arose in connection with the joining of one or more plants of a single employer." .In Matter of Gettysburg Furniture Company 47 the companies opposed the request of the petitioning labor organization for a unit consisting of the employees of three plants, each owned and operated by a separate corporation. Two of the corporations were under common control of four stockholders who held a majority of the voting stock of each, while a majority of the stock of the third corporation was controlled by the other two corporate entities. All three plants were under common management, certain facilities were commonly shared by all, there was some interchange of employees, and certain products were manufactured in one plant for use in the other two plants. Each plant had a separate superintendent, the products manufactured in each differed, and there was some difference in wage rates. Since 1937 the petitioning organization had unsuccessfully sought to bargain on a single unit basis. While required, by virtue of the companies' opposition, to negotiate separate contracts for each of the three plants, the contracts were identical. Likewise, in 1937, the companies appointed a "personnel committee" composed of two individuals to serve as mediators between the companies and the contracting organization. Thereafter negotiations were carried on by the "personnel committee" for all the companies. The companies by joint or identical action had in other respects also acted as a single entity. The Board held : . Since the Companies are under common control, they have a unitary labor policy, the negotiations between the Companies and the Union have been identical, and the only labor organization involved has for a considerable length of time believed that its interests would be best served by a three-plant unit, we are of the opinion that the three plants constitute an appropriate unit. In Matter of Baby Line Furniture Company," upon an employer petition for an investigation and certification of representatives, the two companies and- one of the two labor organizations involved asserted that the appropriate unit consisted of employees of both companies, whereas the other labor organization contended that the employees of each company constituted a separate appropriate unit. The companies manufactured different and unrelated products and maintained separate pay rolls. They were commonly owned and operated and occupied the same building. Some employees of each of the companies performed services for the other, although paid entirely by the company on whose pay roll they were carried. Although a single contract covering employees of both companies had been negotiated in 1937, it contained different provisions for the • See Fourth Annual Report. pp. 92-93; Fifth Annual Report, p. 69. 47 Matter of Gettysburg Furniture Co. etc. and United Furniture TVorkers of America, etc., 25 N. L. R. B., No. 115. .0 Matter of Baby Line Furniture Co., et al. and Furniture Workers Union, etc.. 25 N. L. R. B., No. 91.
68 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD employees of each. It also appeared that separate contracts for employees of each of the companies had been negotiated thereafter. Under these circumstances, the Board held that the desires of the employees should be determinative and directed that separate elections be held among the employees of each company. Where the proposed unit includes employees of independent and competing companies, the Board finds such a unit appropriate only if in addition to the existence of otherwise appropriate circumstances, there exists an association of employers or other employers' agent, with authority to bargain collectively and enter into i collective bargaining agreements." In Matter of Kausel Foundry 5° a labor organization petitioned for a unit limited to employees of a single company. A rival organization, urgin o. the inappropriateness of this unit 2 moved that the petition be dismissed. The record established that since 1938, this company had been represented by a Foundrymen's Committee, which had bargained for this company and others, and in their behalf had entered into successive collective bargaining agreements establishing a single unit composed of the employees of the several companies. There was considerable interchange of employees between the companies represented by the Foundryinen's Committee and they maintained substantially similar wages, hours, and working conditions. The Board found that under these circumstances a unit limited to the employees of one of these companies was inappropriate. In Matter of Shipowners Association of the Pacific Coast"' the Board permitted the longshoremen employed in the ports of Anacortes, Port Angeles, and Tacoma, Washington, to determine whether they wished to constitute three separate port-wide units or whether they wished to be merged with a coast-wide , unit of longshoremen.52 In 1938, the Board had certified International Longshoremen's and Warehousemen's Union as the collective bargaining representative for a coast-wide unit including longshoremen in the ports of Anacortes, Port Angeles, and Tacoma." Subsequently, the certified representative entered into contracts with the employers' associations establishing uniform wages, hours, and other conditions of employment for the Pacific Coast. However, exceptions were made in the contracts as to the applicability of certain provisions, including those relating to preferential employment and maintenance of hiring halls, to the three ports in question. International Longshoremen's Association, claiming that the coast-wide unit was inappropriate and further claiming to be the representative of longshoremen in the ports of Anacorles, Port Angeles, and Tacoma, consistently refused to recognize the right of the certified representative to act for the longshoremen in these three ports and on numerous occasions took action independent of and in defiance of the contract and the authority of the certified representatives. Its right to take independent action had been sustained in one instance by an arbitrator, appointed " See Fourth Annual Report, p. 93; Fifth Annual Report, p. 69. Matter of John Sausel, etc. and International Moulder's Union, etc., 28 N. L. R. B., No. 137. 51 Matter of Shipowners Association of the Pacific Coast, et al. and International Longshoremen's Association, etc., 32 N. L. R. B. ' No. 124. Board Member Edwin S. Smith dissented. 55 Matter of Shipowners Association of the Pacific Coast, et al. and International Longshoremen's and Warehousemen's Union, etc., 7 N. L. R. B. 1002.
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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
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Ill. ,STATISTICAL RECORD OF BOARD A
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III. STATISTICAL RECORD OF BOARD AC
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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 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
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
Page 120 and 121: APPENDIX B 113 Jackson Cookie Co.,
Page 122 and 123: 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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NATIONAL LABOR RELATIONS BOARD

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