TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 89
ather, despite the employer's reasonable effort to limit the incumbent's
campaigning at the plant
Interference, as distinguished from domination, assistance, or support,
was found in one case where supervisms, who weie union members
and formerly included in the bargaining unit, participated in
union meetings to the extent of nominating and seconding nominations
for union officers, and voting in the election of union officers,
after they were specifically excluded from the bargaining unit by a
new contract 89 In accord with prior decisionsr such participation
in intrauruon affairs by supervisors who are union members, but not
in the bargaining unit, was held to constitute interference in the
internal administration of the union in violation of section 8(a) (2)
.ind (1) of the act
(1) Assistance Through Contract
The Board has adhered to the rule, first enunciated in Midwest
Piping 91 and reaffirmed in Shea Chemical," that Nil employer renders
unlawful assistance within the meaning of section 8(a) (2) by recognizing
and entering into a contract with a union while the majority
claim of another union raises a real question of representation
Thus, in Swift and Company," the employer was held to have violated
section 8(a) (2) and (1) by extending its expiring contract with
the incumbent union, entering into a supplemental agreement granting
wage increases and improved working conditions retroactive to the
expiration date of the original master contract, and executing a new
master contract with the incumbent union, at a time when a rival
union's claim was pending before the Board and a real question concerning
representation existed The employer's contention that Shea
Chemical was not controlling because no real question concerning
representation existed when the employer committed the acts in question,
since practically every employee had continued his dues checkoff
authorizations, was rejected on the ground that the timely filing
of a petition by a rival union, supported by an administratively
determined showing of interest, in fact raises a real question concerning
representation
However, where the absence of a real question concerning representation
was conceded, the Board rejected the contention that an
so Geilich Tanning Co • 128 NLRB 501, upon remand in Amalgamated Meat Cutters it
Butcher Workmen v NLRB, 276 F 2d 34 (CA 1, 1960)
9° See Nassau d Sul ffolL Contractors' Assn , Inc, 118 NLRB 174, 184 (1957), and other
cases cited See also Twenty-fifth Annual Report (1960), pp 62-88
"Midwest Piping it Supply Co, 83 NLRB 1060 (1945)
on Shea Chemical Corp, 121 NLRB 1027 (1958) See Twenty-fourth Annual Report
(1959), p 60
93 Swift if Co, 128 NLRB 732