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V. PRINUPLES ESTABLISHED 69appropriate bargaining unit." 6 Following the election in this proceeding,the Board permitted the advocate of a multiplant unit,on motion, to combine in one unit all the plants in which it had beenselected as statutory representative.'4. MULTIPLE Eu'rmau UNITSThe rules which the Board applies in determining whethei or notto group the employees of several employers into one bargainingunit have been described in detail in the Fourth Annual Report.8Cases decided during the fiscal year, covered by the present report,which illustrate these rules, are set forth in the margin.8Mr. Smith dissented in this and in a number of the following cases in which the Boardreached a similar result : Matter of Briggs Manufacturing Company and Briggs IndianaCorporation and International Union, United Automobile Workers of America, affiliated withthe C. I. 0. et al., 13 N. L. R. B. 1326. Matter of Nauinkeag Steam Cotton Company andTextile Workers Organizing Committee, Local No. 74 of the Committee for Industrial Organizationet a/., 13 N. L. R. B. 313 (unit confined to bleachery, with mill excluded) ; Matterof Minneapolis-Moline Power Implement Company and International Association of Machinists,Local No. 1037, by District Lodge 77 (A. F. of L.), 14 N. L. R. B. 920 (one of twoplants, 12 miles apart, held appropriate) : Matter of Utah Poultry Producers CooperativeAssociation and Independent Union of Poultry Employees, 15 N. L. R. B. 534 (two plants.each held to be a separate unit) : Matter of Buckley Hemlock Mills, Inc., Buckley LoggingCompany and International Woodworkers of America, Local No. 52,15 N. L. R. B. 498 (milland logging divisions each held to be a separate unit) ; Matter of United States RubberCompany (Providence Plant) and Rubber Workers Federal Labor Union, Local No. 22014.affiliated with the American Federation of Labor, 20 N. L. R. B., No. 50 (each of ten plantsheld to be a separate unit) ; Matter of Hood Rubber Company, Inc., and Rubber WorkersFederal Labor Union No. 21914 (A. F. L.), 20 N. L. R. B., No. 51 (each of five plants heldto be a separate unit).Matter of Chrysler Corporation and United Automobile Workers of America, Local 371,affiliated with C. I. 0. et al., 17 N. L. R. B. 746; also Matter of Briggs Manufacturing Companyand Briggs Indiana Corporation and International Union, United Automobile Workersof America, affiliated with the C. .I. 0. et a/., 17 N. L. R. B. 749.8 At pp. 92-93.9 (A) Companies which are interrelated through stock ownership and are commonly controlledand operated, treated as a single employer : Matter of New York Post, Inc., andPublishers Service, Inc. and Newspaper Guild of New York. 14 N. L. R. B. 1008 (a whollyowned subsidiary, operated on the same premises as the parent corporation by oneso-called promotion director, whose salary was paid by both companies) ; Matter of ShenangoPenn Mold Company, Shenango Furnace Company, and Steel Workers Organizing Committee,on Behalf of the Amalgamataed Associatibn of Iron, Steel. d Tin Workers of North America,Lodge 1032, 19 N. L. R. B., No. 37 (a mold and furnace company, functionally interrelatedhaving an identical wage policy and owned and operated by the same persons) ; Matter ofAmerican Bemberg Corporation. North American Rayon Corporation and Textile WorkersUnion No. 21999, affiliated with the A. F. of L., 23 N. L. Ft. B.. No. 51 (two adjoining companies,closely related physically, in management and ownership).(B) Unit comprising employees of two or more separate and competing companies—(1)found inappropriate in absence of an association of employers or other employers' agent,exercising employer functions, with authority from the employers to bargain collectively andenter into binding agreements with labor organizations: Matter of Sebastian Stuart FishCO., a corpn., et al., and Cannery Workers Union, Local 21173, A. F. of L.. 17 N. L. R. B.362 (the Board found that each of the companies retained direct control over the essentialemployer functions) ; Matter of Bulk Sales Department Gulf Refining Co. and The AmericanFederation of Labor, 21 N. L. R. B.. No. 99 (the Board found that each of five companiesretained the power to withdraw from negotiations at will or to reject a proposed final agreementas unsuited to its peculiar needs and that the committee which bargained for thecompanies had no authority to bind any of them) ; (2) found appropriate in presence ofsuch an association or azent and where history of collective bargaining has been upon amultiple-employer basis : Matter of Alston Coal Company and Progressive Mine Workersof America, International Unon. affiliated with American Federation of Labor. 13 N. L. R. B.683 (petition for separate employer unit dismissed) ; Matter of Federated Fishing Boats ofNew England and New York, Inc. and American. Communications Association, Marine Division,affiliated with the C. I. 0., 15 N. L. R. B. 1079; Matter of Stevens Coal Company andProgressive Mine Workers of America. International Union, 19 N. L. R. B., No. 14 (petitionfor separate employer unit dismissed) ; Matter of Associated Banning Com pany and WaterfrontEmployers Association of Southern California et al. and International Longshoremen'sand Warehousemen's Union, Local 1-13, 19 N. L. R. B., No. 20.
70 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD5. EXCLUSION OR INCLUSION OF SUPERVISORY AND FRINGE GROUP EMPLOYEESThe Fourth Annual Report has detailed the Board's practice withrespect to the inclusion or exclusion of supervisory employees.10Although requested by the only bona fide labor organization involved,, however, the Board has refused to allow a supervisoryemployee in complete charge of an autonomous department in thesame unit with employees working under him. 11 In that case, theBoard said :The Board has in the past adopted the general policy of including in theappropriate unit minor supervisory employees where they are members of oreligible for membership in the claiming union, and the union, without oppositionof a rival union, wishes them included. While this rule is in generalapplicable in the present case, special problems arise from the nature of anewspaper plant, where there are many subdepartments which are partiallyautonomous. Thus, certain supervisory employees on a newspaper differ fromstrawbosses or assistant foremen in industrial plants. While the latter actas management representatives in relation to employees working under them,they do not customarily have charge of separate and distinct departments.Some of the individuals in controversy here, however, have more or less completecharge in the management or arrangement of their partially autonomousdepartments. We, therefore, think that they should be excluded from a unitin which their subordinates are found, even though the Guild wants themincluded.'2And where assistant foremen had engaged in extensive antiunionpractices, the Board denied a bona fide labor organization's petitionto include them in the appropriate unit.18The principles which the Board applies in determining whetherthe work of certain employees places them on the fringe with respectto the functions of employees admittedly in the unit and in determiningwhether such fringe groups should be included or excluded have10 At pp. 93-94. The following cases decided during the last fiscal period illustrate therules therein set forth : (A) supervisory employees excluded upon request of union orunions : Matter of Alabama Mills, low. and Textile Workers Organizing Committee, 14 N. L.R. B. 257 (assistant overseer and assistant foreman) ; Matter of Kansas Milling Companyand Flour, Feed, Seed, Cereal & Elevator Workers Union, No. 20991, A. F. of L. 15 N. L. R. B.71 (millers in charge of shifts of six men ; assistant mill superintendent) ; Matter of SelbyShoe Company, Portsmouth., Ohio, and Portsmouth Printing Pressmen 4 Assistants' UnionNo. 296 of the I. P. P. & A. U. of N. A. 15 N. L. R. B. 489 (two unions requested exclusion ofsupervisory) ; cf. Matter of Johnson-Carper Furniture Company, Inc. and Local 283, UnitedFurniture Workers of America, 14 N. L. R. B. 1030 (an employee who merely replaced aforeman during his infrequent absences included over protest of only labor organizationinvolved) ; (B) minor supervisory employees normally included upon request of union orunions : Matter of New York Post, Inc., and Publishers Service, Inc. and 1■Tewspaper Guildof New York, 14 N. L. R. B. 1008 (eight so-called executives included) ; Matter of KawneerCompany and Local 92, United Automobile Worjcers of America, 22 N. L. R. B. 274 (assistantforemen included) ; (C) supervisory employees excluded where unions disagreed : Matter ofArmour & Company and Local 261, Meat Cutters Union et al., 15 N. L. R. B. 268 (keymen,straw bosses, working supervisors excluded ; Matter of Iowa Southern Utilities Company andUtility Workers Organizing Committee, Local 109 (C. I 0.), et al., 15 N. L. R. B. 580 (localmanagers excluded) ; Matter of Armour and Company (St. Louis Branch House) andAmalgamated Meat Cutters 6 Butcher Workmen of North America, Local 545, A. F. of L.,20 N. L. R. B., No. 70 (inside salesmen excluded as supervisory).11 Matter of Brooklyn Daily Eagle and Newspaper Guild of New York, 13 N. L. R. B. 974.12 See also Matter of Kansas Milling Company and Flour, Feed, Seed, Cereal & ElevatorWorkers Union, Nn. 20691, A. F. of L.,15 N. L. R. R. 71.1, Matter of Ford Motor Company and United Automobile Workers of America, Local No.825, 23 N. L. R. B.. No. 28.
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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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IV. STATISTICAL RECORD OF BOARD ACT
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IV. STATISTICAL RECORD OF BOA:RD AL
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IV. STATISTICAL RECORD OF BOARD ACT
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120 FIFTH ANNUAL REPORT OF NATIONAL
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IX. DIVISION OF ECONOMIC RESEARCH 1
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XII. FISCAL STATEMENTThe expenditur
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