NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES ESTABLISHED 71 not be upon the fringe of the functions of employees admittedly in the unit." In Matter of Birdsboro Steel Foundry Company 61 the petitioning organization, as opposed to the contention of the company and a competing organization, urged the exclusion of storeroom employees from a unit of production and maintenance employees. The storeroom employees gave out parts and supplies to the workmen as requested. The Board included the storeroom employees within the unit, 62 stating: In our opinion these employees are in such close contact with the production and maintenance workers that they should be included hi the voting unit. In Matter of Lowe Brothers Company 63 two labor organizations disagreed as to the inclusion within a plant unit of technical service employees, engaged in the testing of raw materials and manufactured products. Although they were paid on a salary basis, as contrasted with the regular production employees who were paid on an hourly basis, and as salaried employees enjoyed more privileges, including vacations, than ordinary production workers, they had no technical training. They were eligible to membership in both organizations and had been included in the unit under a prior contract. The Board held that they should be included within the appropriate unit. In Matter of Western Cartridge Company 64 office employees and watchmen had been included in a plant unit covered by a collective bargaining agreement. The petitioning labor organization requested a unit of production and maintenance employees in one geographically separated division of the company and further requested the exclusion of supervisory employees, office employees, and watchmen from this unit. The contracting union waived its claim to represent the employees in the unit urged. The Board found the division unit appropriate and excluded the office employees and watchmen, noting their differing interests and functions and the contracting union's waiver of the right to represent all employees in the division. In Matter of Brown. Company 65 the parties disagreed as to whether watchmen should be included in an industrial or a semi-industrial unit. The company employed 66 watchmen. The labor organization which desired their inclusion, claimed that it represented a majority of them. Another labor organization claiming to represent a semiindustrial unit desired the exclusion of the watchmen therefrom. The Board directed that a separate election be held among the watchmen to determine whether or not they wished to be included in the broad unit." 66 See in this connection, Fourth Annual Report pp. 94-97; cf. also Fifth Annual Report, pp. 70-72, and Third Annual Report, pp. 185-190. 61 Matter of Birdsboro Steel Foundry t Machine Co. and Steel Workers Orgorazing Committee, etc., 32 N. L. R. B., No. 20. '2 Board Member Edwin S. Smith dissenting. a3 Matter of Lowe Bros. Co.. and United Mine Workers of America, 32 N. L. R. B.. No. 78. 61 Matter of Western Cartridge CO. and Chemical Workers Local Union, etc., 31 N. L. R. B,. No. 148. e5 Matter or Brown Co. and International Brotherhood of Pulp, Sulphite and Paper Mill Workers, etc., 31 N. L. R. B., No. 46. 60 Since three other separate elections were directed, it was not clear at the time of the issuance of the Decision and Direction of Election, whether the broad unit would be industrial or semi-industrial in nature. The labor organization which sought the inclusion of the watchmen was contending for an industrial unit. Subsequently, it won the elections in each of the four groups and was certified (33 N. L. R. B., No. 157) as the exclusive representative of all four groups in a single industrial unit.
72 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD H. REMEDIES Section 10 (c) of the Act reads, in part, as follows : * * * If upon all the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act. Such order may further require such -person to make reports from time to time showing the extent to which it has complied with the order. Pursuant to section 10 (c) the Board adapts its orders to the situation which calls for redress. In the course of the Board's decisions there have been developed typical orders for the correction of typical tmf air labor practices engaged in by employers. 67 Such orders have been issued in appropriate cases during the last fiscal year. In addition, new situations have called for further adaptations of typical Board orders. The Fourth Annual Report considered developments in this field under the following categories: 1. Orders in cases in which the Board has found that an employer has engaged in unfair labor practices within the meaning of section 8 (2) of the Act. 2. Orders in cases in which the Board has found that an employer has engaged in unfair labor practices within the meaning of section 8 (3) of the Act. 3. Orders in cases in which the Board has found that an employer has engaged in unfair labor practices within the meaning of section 8 (5) of the Act. 4. Orders in cases in which the Board has found that an employer has engaged in unfair labor practices within the meaning of section 8 (1) of the Act. 5. Orders in cases in which the Board has found that a strike was caused or prolonged by an employer's unfair labor practices. 6. Effect on Board orders of violent or unlawful conduct on the part of employees who were discriminatorily discharged or who went on strike in protest against an employer's unfair labor practices. 7. Orders requiring an employer not to give effect to agreements. 8. Effect on Board orders of agreements not to proceed against an employer. 9. Precautionary orders. 10. Requirements that an employer publicize the terms of Board orders among employees. During the last fiscal period there have been no additional noteworthy orders within the third, fifth, sixth, seventh, eighth, and tenth of these categories. We shall therefore confine this discussion to new or otherwise interesting orders falling within the remaining categories. ri Third Annual Report, pp. 197-215; Fourth Annual Report, pp. 97-109; Fifth Annual Report, pp. 72-78.
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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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Page 28 and 29: 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 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
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Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
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.
Page 124 and 125: APPENDIX B 117 Chrysler Corporation
Page 126 and 127: 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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