J. - National Labor Relations Board

96 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDorganization involved so desires. 2 And, at the request of the onlylabor organization involved, the Board has excluded seasonal employeesfrom an appropriate bargaining unit of nonseasonalemployees, where the evidence established that the union had notattempted to organize them and that they had shown no interest inthe union. 8The exclusion or inclusion of an alleged fringe group of employeesis always dependent upon the Board's finding that they constitutea true fringe group. In determining this fact the Board looks to :(1) The skill, work, working conditions and wages of these employeesand of employees admittedly in the unit; (2) the history, type, andextent of organization of employees in the plant, and in the industry;(3) the history of collective bargaining in the plant, and in the industry;and (4) the eligibility of such employees for membership inlabor organizations. Thus, the Board has included office employeesin a unit of production employees at the request of the only labororganization involved, when the functions and interests of the latterwere not substantially different from those of the office employees.*Where, however, a union'sought to include office employees in a unitof production and maintenance employees at a manufacturing plant,the Board held that the desires of the office employees should determinewhether or not they should be included in the unit, because of the differencesin the work and interests of the two groups and because ofthe fact that, as shown by the lack of any history of collective bargainingor organization on such a basis, office employees ordinarilywould not be included in such a unit. 5 In Matter of The ElectricAuto-Lite Co. and Int. Union, United Automobile "Workers of Amer.No. 12, 8 the only labor organization involved sought to include nursesin a unit of production and maintenance employees at an industrialplant. There was no evidence of any collective bargaining or organizationeither at the plant or in the industry on this basis. The Boardexcluded the nurses because of the sharp distinctions between theirinterests, work, and training, and those of the other employees.On the other hand, the Board has refused to exclude a group ofemployees at the request of a union if there is so little differencebetween the work of the employees to be excluded and of those to beincluded that the group to be excluded does not properly constitutea fringe group, especially where there is no other labor organizationto represent the group and one or all the unions, which are industrial,admit such employees to membership.' The Board has also rejected3 Matter of A. Sartorius cf; CO., Inc. and United Mine Workers of Amer., District 50,9 N. L. R. B. 19 (temporary employees) ; Matter of Southern California Gas Co. and UtilityWorkers Organ. Comm., Local No. 132, 10 N. L. R. B. 1123 (temporary employees) ; Matterof Agwilines, Inc. and Brotherhood of Railway and Steamship Clerks, Freight Handlers,Express and Station Employees, 12 N. L. R. B. 368 (extra employees).As pointed out in section E-2 (A) supra, the Board establishes standards of eligibilityfor such classes of employees, to insure that those who participate in the election havesufficient employee status to have an interest in the selection of a bargaining agent forthe unit. See footnote 15, supra.3 Matter of Seymour Packing Co. and Amal. Meat Cutters and Butcher Workmen of N.Amer., Local No. 176, 12 N. L. R. B. 1098.'Matter of Louis Weinberg Associates Inc. and United Wholesale and Warehouse Employees,Local No. 65, 13 N. L. R. B.. No.'Matter of The Electric Auto-Life Co. and Int. Union, United Automobile Workers ofAmer. No. 12, 9 N. L. R. B. 147: Matter of Willys Overland Motors, Inc. and Int. Union.,United Automobile Workers of Amer., Local No. 12, 9 N. L. R. B. 924. The Board directedseparate elections to be held among the office employees.59 N. L. R. B. 147.7 Matter of Harter Corp. and bit. AVM. of Machinists, 8 N. L. R. B. 391 (engineeringemployees included in bargaining unit of production and maintenance employees where noevidence that they were eligible for membership in any other labor union or that thei•-