TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

106 Twenty sixth Annual Report of the National Labor Relations Board
by threats of discharge In the other," the Board directed the reimbursement
of dues and other moneys illegally exacted as a condition
of employment fiorn employees specifically found to have been coerced
into joining the union put suant to unlawful union-security provisions
of the conti act, but not as to other employees 96
In fixing the amount of backpay due economic strikers whose
request for ieinstatement had been discriminatorily denied, a Board
panel held in one case that the strikers were entitled to backpay from
the time they would have been lecalled in accordance with seniority
and the availability of work, rather than from the time they iequested
reinstatement, since work was unavailable at the time of their request
due to 'educed business activity 97 In the same case, a tiuckdriver's
lack of a chauffeur's license during the backpay period was held not
to disqualify him from backpay, 98 but the gloss back-pay of one diecriminatee
with an unexplained high absence record was reduced by
the same pet centage as his annual absence rate, and no backpa.y was
awarded to another discriminatee who was shown to have made illegal
liquor sales during part of the backpay period but failed to disclose
his earnings from such sales 99
And in another case, in remedying an unlawful agreement which
granted union employees 2 1/2 cents more per hour than nonunion
employees, the Boaid oi dered the employer and the union to make
nonunion employees whole for their loss of pay resulting from the
discriminatory pay scale 1
4 Discrimination for Filing Charges or Testifying
Section 8(a) (4) ...makes it an unfail labor practice fol an employe'
to discharge or otherwise discriminate against an employee because he
has filed charges or given testimony under the act
During the past fiscal year, violations of section 8(a) (4) were found
in situations where employees were discharged, 2 refused employment,'
22 Checker Tani Go, 131 NLRB No 96
o*See also Hershey Chocolate Corp, 129 NLRB 1052, decided before the Supreme Court's
duision in Local 60, above, where the Board directed reimbursement onl y against the
union because the employer actively resisted the union's efforts to compel the employees
to maintain membership, and capitulated only pursuant to an arbitrator's direction and
In the belief that its contractual obligation required it to do so
tri Robinson Freight Lines, 129 NLRB 1040
Member Rodgers dissenting on this point
22 See also Accurate Forming Corp. 128 NLRB 658, where backpay was denied an em
ployee who gave false testimony at the Board bearing
American Advertising Distributors, 129 NLRB 640
2 Gibbs Corp • 131 NLRB No 118, Lindsay Newspapers, Inc , 130 NLRB 680 (violation
of 8(a) (3) also found) , Harptone Mfg Corp, 128 NLRB 230, 235
Btonsii teA-Bolke Collendoi Co 131 NLRB No -SO (n(a) (11 and (3) violations also
found) , Central Rigging Contracting Corp, 129 NLRB 342, 885