TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

88 Twenty-sixth Annual Report of the National Labor Relations Board
b Assistance and Support
Section 8(a) (2) violations short of domination involved such conduct
as employer assistance to unions by soliciting employees to join
or sign checkoff cards for a favored union, 83 or other action favoring
one union over another," and employer support of unions by exclusive
recognition of a union when it did not represent a majority of
the employees in the appropriate unit, 85 or by financial assistance an
In one case, an employer was held to have unlawfully assisted a
union by participating in, adopting, and ratifying a union agent's
activities, where the union agent simultaneously solicited employees
for hire on the employer's behalf and for the execution of membership
cards for the union, thereby indicating that the execution of such cm&
was a condition of employment 87
However, in a case involving a representation campaign by two
rival unions, a panel majority found that the employer did not
violate the act by permitting the incumbent-contracting union access
to the plant while denying equal access to the outside union, where
the employer sought to curtail the incumbent union's electioneering
at the plant whenever it was brought to its attention 88 The majority
noting that while an employer who is not impartial as between competing
unions in a representation campaign may thereby violate section
8(a) (2), observed that when one of the competing unions is the incumbent
employee representative, the employer must continue to
honor the incumbent's right to service its contract and to grant it
access to the plant if the contract so provides In this case, the
majority found that if the incumbent union abused its rights under
the contract, it wits not done with the employer's connivance but,
la Lykes Broa Inc of Georgia, 128 NLRB 606, Accurate Forming Coi p • 128 NLRB 65",
Cadillac Wire Corp, 128 NLRB 1002, enforced 290 F 2d 261 (C A 2)
Lensoraft Optical Corp • 128 NLRB 807 (promising employees a party and a half-day
holiday if the favored union uon a Board election) , Cadillac Wire Corp 128 NLRB 1002
enforced 290 F 2d 261 (C A 2) (informing newly hired emplo yees of union-thop provisions,
explaining to them the employer's regular practice of wage deductions, furnishing
them with union membership dues checkoff authorization cards, and then sending them
to a union representative for further discussion of "union obligations," all as a routine
part of the hiring process, where "all the participants of the hiring process, particularly
the applicants, understood that the substantially immediate execution of a union card
was one of the conditions of employment") , CheeLer Taxi Oo , Inc, 131 NLRB No 96
(among other things, directing employees to favored union's offices and permitting favored
union to solicit signature for its "loyalty petitions" on company premises, while denying
similar privilege to rival union)
Lenacraft Optical Corp, above, Accurate Forming Corp, above
al Hotpoint Div • General Electric Co • 128 NLRB 788 (furni ghing printing, duplicating,
and typing service, office space, furniture, and tele phone service and paying employees
their regular rate while engaged in "Council" business) , Lee Rowan Mfg Oo , 129 NLRB
980 (pay ing employee members of "Shop Committee" full wages for services on committee,
and paying all of committee's expenses)
e7 Tennessee Consolidated Coal Oo , 131 NLRB No 80
es Laub Baking 0, 181 NLRB No 106, Member Fanning dissenting