The Act excludes certain individuals, such as agricultural laborers, custom name national football league dallas cowboys helmet crocs independent contractors, supervisors, and persons in managerial positions, from the meaning of “employees.”
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to which the employees have organized shall not be controlling. 3. The extent to which the employees are organized. Section 9 forbids the Board from giving this factor controlling weight. custom name national football league dallas cowboys helmet crocs Section 9 provides that the Board shall not hold a proposed craft unit to be inappropriate simply because a different unit was previously approved by the Board, unless a majority of the employees in the proposed craft unit vote against being represented separately. Section 9 prohibits the Board from including plant guards in the same unit with other employees. It also prohibits the Board from certifying a labor organization as the representative of a plant guard unit if the labor organization has members who are nonguard employees
or if it is “affiliated directly or indirectly” with an organization that has members who are nonguard employees. This broad discretion is, however, limited by several other provisions of the Act. Section 9 provides that the Board shall not approve as appropriate a unit that includes both professional and nonprofessional employees, unless a majority of the professional employees involved vote to be included in the mixed unit. The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. It should be noted that a bargaining unit can include only persons who are “employees” within the meaning of the Act.