TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 105
(5) Other Forms of Discrimination
Violations of section 8(a) (3) were also found m hme employ ei s
enteied into ot maintained collective-blugaimng agreements which
accoided union membeis pieferential Ns ages ot othet benefits 50 And
a Boat d majority found the section violated on the basis of "the
attendant cncumstances," lather than on a per se themy, NN hei e a
seasonal employer, after a lawful economic stuke, adopted a nem
hning formula for the following season uhich failed to maid sti ikeis
for the time they had engaged in the stlike, and theieby diminished
their employment opportunities °°
Dining the past yeat the Boat d also found that an employe' iolated
the section by dischatging an employee from a job as a tesult
of union pressuie because of the employee's "failure to pei fotm obligations
imposed by the Respondent Umon on its membets and 1% m k
pet mit holders " 01 The "plessules" weie bi ought hem by the union
steward because the employee took exception to the stewat d's lanai ks
during a lecture to the employees on quitting and stat tmg times, which
lectme was delivered by the stewaid at the du ection of the union's
business agent
d Special Remedial Problems
Since the Supreme Court's decision in Local 60, Carpenters," on
April 17, 1961, holding that a refund of dues and fees was beyond
the Board's remedial authority "[w]heie no membership in the union
was shown to be influenced or compelled by leason of any unian
labor practice," the Boaid ditected teimbursement iemedies in only
two cases during the fiscal year 03 In one case,'" a panel majority held
that a reimbursement order was pi oper under the Sum eme Court's
decision whet e the employer and the union illegally exacted stiike
assessments from employees as a condition of continued employment
so See, o g Indiana Gas EC Chemical Corp, 1-10 NLRB 1488 (health insurance and put
,on benefits limited to union members) , American Advertising Matt Onion', 129 NLRB
640, 634 (union employees paid 21/2 cents pet hour more than nonunion employ cm.)
92 Community Shops, Inc, 130 NLRB 1522, Member Rodgers dissenting
fil Brunswick-Bathe Cailcndcr Co , 131 NLRB No 30, and the proposed supplemcntal dem
sten and order issued in this cam after thc close of the fiscal omir, 133 NLRB No 59
92 Local 60, United Brotherhood of Carpenters v NLRB, 365 U S 651 Bee Supreme
Com t Rulings helm% p 136 lot a full diRcussion of this decision
For prior cases during the fiscal yesr in which reimbursement as directed see
Wershey Chocolate Corp • 129 NLRB 1052 (common to pay dues) , Reliance Fuel Oil Corp.
129 N1,1.13 1166 (1)1 , 1 ci rut VI/ qua sa LI( Is re ef /' it,"I V 1 I it 119 0 S 5". r ttlier
than Brown-Olde, 115 NLRB 594) , Cadillac Wore Corp, 128 NLRB 1002 (new employee
required to join union within 80 days) , Lykes Bros Inc of Georgia, 128 NLRB 600 (re
fund only to those employees who sere individually coerced into signing dues checkoff
cards) See also ()ache, witz iS Sons, 130 NLRB 1078, Booth iS Flinn Ca, 129 NLRB
667, and Hooke; Chemical Coi p , 128 NLRB 1394, where reimbuisement was deemed
uns arranted
94 Plot once Brooks, 131 NLRB No 97, Member Leedom dissenting in part