determination of appropriate bargaining unit by the nlrb.pdfVIP

Fordham Law R eview Volume 27 | Issue 2 Article 4 1958 Determination of Appropriate Bargaining Unit by the NLRB : Principles, Rules, and Policies Walter L. Daykin Recommended Citation Walter L. Daykin, Determination of Appropr iate Barg aining Unit by t he NLRB: Principles, Rules, and Policies, 27 Fordham L. Rev. 218 (1958). Available at : /flr/vol27/iss2/4 This Article is brought to you for ree and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law R eview by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact tmelnick@. DETERMINATION OF APPROPRIATE BARGAINING UNIT BY THE NLRB: PRINCIPLES, RULES, AND POLICIES WALTER L. DAYKIN* THE statutory provisions in section 9(b) of the Taft-Hartley Act 1 give to the National Labor Relations Board the power or the ex- clusive jurisdiction to determine the appropriate unit for collective bargaining purposes when such a decision is required in a representation 2 case or an unfair labor practice case brought before it. However, in making the determination, the Boards discretion is subject to various limitations. Section 9(b)(1) prohibits the certification of any unit as appropriate for collective bargaining if it is composed of both profes- sional and nonprofessional employees unless the majority of the p