TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 99
long-distance ti uckmg operation unless necessaiy—and then only to
the extent necessary—to afford these employees the reinstatement to
which they were entitled 48
On the other hand, where an employer permanently discontinued
his operations for antiunion reasons—thereby discharging his employees—and
sold his business, a Board majority did not direct the
iesumption of operations but ordered the employer to establish a
preferential hiring list and to notify the discharged employees of their
reinstatement rights in the event he iesumed his foimer operations 49
While the majority awarded backpay to the discrimmatees for the
period from the date they were terminated to the date the business
was sold or the employer m fact ceased functioning, whichever was
!atm , two of the majority members 50 would have expanded the oider
by awaiding backpay from the date of the discrimination "until such
time as [the discriminatees] obtained substantially equivalent employment
with other employers" 51
(3) Union-Security Agreements v.
The act permits an employei to enter into an agieement ith a
labor organization requiring membei ship therein as a condition of
employment, subject to certain limitations set out in the union-security
proviso to section 8(a) (3) and section 8(f) The Board has consistently
held that a union-security agreement to be valid must set
foi th teims which conform to these statutory requirements 52
Undei the section 8(a) (3) proviso, a union-security agreement is
valid (1) if made with the majority representative of the employees
in an appropriate unit, whose authority to make such agieement
has not been revoked in an election pursuant to section 9(e) , and
(2) if the agreement affords the employees 30 days' grace within
which to acquire union membership "following the beginning of
[then] employment, or the effective date of [the] agi eement, whichever
is later" Furthermore, prior to September 14, 1959, the conti
acting union also had to be in compliance with the non-Communist
45 Hog Ring Co ., 131 NLRB No 49 See also Winchester Electronics, Inc , 128
NLRB 1292, 1295, where the Board ordered the employer to reinstate employees to their
former or substantially equivalent positions at two of its plants, and to transfer operation
from a third plant to these two plants, to the extent necessary, if such reinstatement could
not be made without such transfer
411 Yoseph Bay Co, 128 NLRB 211 9 Member Rodgers dissenting See also St Cloud
Foundry d Machine Co, Inc. 130 NLRB 911, where the employer p prmanently ceased
operations of the foundry portion of its business and purctrthed castirgs, formerly
manufactured in the foundry, from outside sources for use in its machine shop which is
housed in the same building as the foundry
50 Members Fanning and Jenkins
Membet Rodgers found no violation and would have issued no remedial order See
above, p 97, footnote 41 See also Twenty -fifth Annual Report (1960), PP 7 1-72, no to
backpay for the period following the permanent cessation of business
52 See Twenty fifth Annual Report (1900), p 72, and previous annual reports
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