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V. PRINCIPLES ESTABLISHED 63bargaining agency satisfactory to the employer was found." 83 Inthe Calumet Steel case the Board also held that a Board certification,even during the pendency of the employer's motion challenging itsvalidity, was adequate proof of majority representation. In Matterof Charles Cushman Company," the Board ruled that its certificationwas adequate proof of majority representation in a complaintproceeding although the company, a successor corporation, had notbeen a party to the representation proceeding and its predecessor,who had been a party thereto, had committed the refusal to bargain.G. THE UNIT APPROPRIATE FOR THE PURPOSES OF COLLECTIVEBARGAINING1. IN GENERALSection 9 (b) of the Act provides that—The Board shall decide in each case whether, in order to insure to employeesthe 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 thepurposes of collective bargaining shall be the employer unit, craft unit, plantunit, or subdivision thereof.Such a determination is required in two types of cases: (1) casesinvolving petitions for certification of representatives, pursuant tosection 9 (c) of the Act, and (2) cases involving charges that anemployer has refused to bargain collectively with the representativesof his employees, in violation of section 8 (5) - of the Act. In eachinstance, a finding as to the appropriate unit is indispensable tothe ultimate decision. A certification of representatives would bemeaningless in the absence of a finding defining the unit to be represented.Similarly, a complaint alleging that an employer has refusedto bargain collectively with the representatives of his employeesmay be sustained only if such representatives were designated byemployees in a unit appropriate for the purposes of collectivebargainingAs pointed out in previous annual reports, 87 the complexity ofmodern industry, transportation, and communication, and the numerousand diverse forms which self-organization among employees cantake and has taken, preclude the application of rigid rules to thedetermination of the unit appropriate for the purposes of collectivebargaining In attempting to ascertain the groups among whichthere is that mutual interest in the objects of collective bargainingwhich must exist in an appropriate unit, the Board takes into con-Also, Matter of Calumet Steel Division, etc. and Amalgamated Association of Iron,Steel, and Tin Workers of North America, etc., 23 N. L. R. B.. No. 12; Matter of ClarkShoe Co. and United Shoe Workers of America, 17 N. L. R. B. No. 1079. See In thisconnection N. L. R. B. v. Piqua Munising Wood Products Co., 109 F. (2d) 55e (C. C. A.6), enf'g Matter of Piqua Munising Wood Products Co. and Federal Labor Union Local18787, 7 N. L. R. B. 782, wherein the Circuit Court of Appeals stated :"It is a well-established rule of evidence that when the existence of a personal relationshipor state of things is once established by proof, the law presumes its continuanceuntil the contrary is shown or until a different presumption arises from the nature ofthe subject matter. N. L. R. R. V. National Motor Bearing Company, 105 F. (2d) 652(C. C. A. 9). The question as to the presumption of the continuation of membershipin the Union was one of fact and rested within the sound discretion of the Board to bedecided in the light of the facts and circumstances before it." Cf. Matter of WestinghouseElectric & Manufacturing Company et at., and United Electrical, Radio and MachineWorkers of America et al., 22 N. L. R. B., No. 13.Matter of Charles Cushman Company et al. and United Shoe Workers of America,15 N. L. R. B. 90. The successor corporation, the Board noted, was owned by the samestockholders as the predecessor and had substantially the same directors and officers,thus insuring a continuity of management.n Third Annual Report, p. 160; Fourth Annual Report, p. 82.
64 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDsideration the facts and circumstances existing in each case.882. SCOPE OF THE UNIT; INDUSTRIAL, CRAFT, OR DEPARTMENTAL .The Board must determine frequently whether the unit or unitsshall be industrial, including practically all the employees in theplant; semi-industrial, including a majority of the employees; multicraft,including several groups of skilled workers; craft, includingone group of skilled workers; or some other unit, including only partof the employees. The cases requiring such determinations fall intotwo main categories : Those where there is only one bona fideunion or where all the bona fide unions involved in the proceedingagree upon the appropriate unit; and those where two or more bonafide unions do not agree upon the scope of the unit. The subcategoriesand the principles which the Board applies to them have beendescribed in detail in the Fourth Annual Report. 89 No significantadditions with respect to the first main category have been madeduring the last fiscal year."S'S See Fourth Annual Report, pp. 82-3 ; cf. Matter of Pacific Greyhound Lines andBrotherhood of Railroad Trainmen, 22 N. L. R. B., No. 12, reopened July 27, 1940;Matter of Bendiw Products Corporation and Bendix Industrial Police Association, 15N. L. R. B. 965; Matter of Shell Oil Company, Incorporated, and International Brotherhoodor Boiler Makers. Iron Shipbuilders, Welders and Helpers of America, A. F. of L.,20 N. L. R. B., No. 95 ; Matter of Baltimore Mail Steamship Company, an affiliate ofUnited States Lines Company and Marine Engineers Beneficial Association et al., 21N. L. R. B., No. 52, where the petition was dismissed since the petitioning employer refusedto produce evidence the Board considered necessary for its investigation.st)For the first main category see no. 83-86; for the second, see pp. 86-89.The following cases decided during this period illustrate the Board's practice, as setforth hi the Fourth Annual Report, when there is no disagreement among bona fide unionsconcerning the appropriate unit : (A) unit proposed by union or unions found appropriatebecause in accord with all or xeveral, or not in sharp conflict with one or more, of thcfactors enumerated in Fourth Annual Report, at p. 83 : (1) craft or other coherent groupwithin plant (cf. Fourth Annual Report, pp. 83-84) : Matter of Great Lakes Steel Corporationand Brotherhood of Railroad Trainmen et al., 14 N. L. It. B. 197 (railroad employees engagedin operating an interplant railroad granted a separate unit) ; Matter of Ryan AeronauticalCo. and United Aircraft Welders of America, Inc., 15 N. L. R. B. 812 (welder:4held sufficiently distinct to constitute a separate unit) ; (2) plant-wide unit excludingcoherent group (cf. Fourth Annual Report, p. 84) : Matter of Westchester Apartments, Inc.,and United Building Service Employees, Local 675, 17 N. L. R. B. 433 (engineers, firemen,carpenters, painters, paperhangers, and plasterers, constituting well-defined groups andeligible for membership in other available labor organizations, were excluded from the plantwideunit) : cf. Matter of Miller Cereal Mills and Federal Labor Union No. 21576, Cereal,Flour. Feed and Grain Elevator Workers, A. F. of L., 22 N . L. It. B., No. 73 • (3) coherentgroup which is part of plant and which comprises subgroups (cf. Fourth Annual Report.pp. 84-85) : Matter of Globe Newspaper Company and Newspaper Guild of Boston, 15N. L. R. B. 953 (unit of both editorial and commercial employees held appropriate inabsence of any competing organization, despite fact that the union had previously bargainedonly for the editorial employees); (4) group's inclusion in, or exclusion from, widerunit not normal and therefore determined by this group's wishes (cf. Fourth Annual Report,p. 85) : Matter of Cleveland Company, Publisher of the Cleveland News, and ClevelandNewspaper Guild, 19 N. L. R. B.. No. 51 (commercial employees who had signed a petitionaffirmatively Stating that they did not desire to be represented by the union seeking tocombine them with the editorial employees granted a separate election) (cf. Matter ofGlobe Newspaper Company, supra) ; (B) unit proposed by union or unions found inappropriatebecause varied widely from unit ordinarily scught by such union or unions and had norelationship to the skill and work of the employees, or the history of collective bargaining(cf. Fourth Annual Report, pp. 85- 86) : Matter of R. C. A. Manufacturing Co., Inc., andPattern Makers' Association of Philadelphia and Vicinity, 13 N. L. R. B. 667 (unit ofpattern makers intimately connected with production work held inappropriate) ; Matter ofRembrandt Lamp Corporation and Metal Polishers, Buffers, Platers, and Helpers InternationalUnion, Local No. 6, Chicago. Illinois, affiliated with the American Federation ofLabor. 13 N. L. It. B. 945 (unit of polishers and buffers alone, excluding platers and helpers,denied to a union which traditionally organized polishers, buffers, platers, and helpers)Matter of Climax Machinery Company and Metal Polishers. Buffers, Platers, and Helpers,Local Union No. 171. dailiated with A. F. of L.. 14 N. L. R. B. 252 (same as RembrandtLamp, supra; unit of polishers and buffers, exc l uding platers and helpers, held inappropriate)Matter of S. Karpen & Bros. and United Furniture Workers of America, Local No. 576,C. I. 0., 14 N. L. R. B. 465 (the Board refused to permit a union seeking to represent boththe shipping and trucking emn loyees to ob tain a unit composed only of the trucking employees); Matter of Philadelphia Inquirer Company and Philadelphia. Inserters and InsideDelivery Workers Association (unaffiliated), et al.. 14 N. L. ft. B. 795 (unit of inserters.excluding mailers. found inappropriate in view of the functional interdependence, etc. ofthe inserters and the mailers) : Matter of Hoppers Company—Minnesota Division and InternationalUnion of Operating Engineers, Local No. 36 (A. F. L.), 14 N. L. R. B. 1148 (unitof 17 operating engineers held inappropriate in view of the fact that the company employed34 additional opera ting engineers who performed substantially the same work).
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NATIONAL LABOR RELATIONS BOARDWILLI
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CONTENTSPageI. Introduction 1A. Wor
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FIFTH ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTIONThe number of worker
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I. INTRODUCTION 5finding powers. In
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I. INTRODUCTION 7percent. There was
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II. THE NATIONAL LABOR RELATIONS BO
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III. PROCEDURE OF THE BOARDPrevious
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IX. DIVISION OF ECONOMIC RESEARCH 1
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XII. FISCAL STATEMENTThe expenditur
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