TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 107
or otherwise discriminated agamst 4 for filing charges under the act,2
for refusing to withdraw charges against a union, 6 for testimony before
the Board in a representation 7 or unfair labor practice proceeding,°
or for merely appearing at an unfair labor practice hearing
pursuant to a Board subpena without testifying
In one case, the Board adopted the trial examiner's finding that the
discharge of a supervisor for giving testimony in a Board proceeding
violated section 8(a) (1), and that it was unnecessary to considei
whether this discharge also violated section 8 ( a) (4) since the remedy
was the same 2° In another case, the Boat d held that an employe"
violated 8 (a) (1), but not 8(a) (4), by discharging an employee because
of the belief that he had signed a letter supporting charges filed
against the employer, and had joined in filmg such charges, when in
fact he had not done so prior to his discharge 11
In a number of other cases, section 8(a) (4) allegations were dismissed
because they were not supported by credible evidence 22
5 Refusal To Bargain in Good faith
Section 8(a) (5) makes it an unfair labor practice for an employei
to refuse to bargain in good faith about wages, hours, and othei conditions
of employment with the representative 12 selected by a majority
of the employees m an appropriate unit 14
The employer's duty to bargain arises when the employees' majority
representative requests the employer to recognize it and to negotiate
about matters which are subject to bargaining under the act 15 As
Dal-Tea Optical Co • 131 NLRB No 94 (discharge, demotion, transfer to less desirable
job, and issuance of "violation notice" which could result in disciplinary action under
company's rules)
9 Gibbs Corp, above, Central Rigging d Contracting Corp, above • Harptone Mfg Co,
above
9 Brunswick Balks Callender Co, above
7 Lindsay Newspapers, Inc. above
W Dal-Tex Optical Co • above
9 Mid
'0 Pal Tee Optical Co , above, citing Better Monkey Grip 00, 115 NLRB 1170 (1956)
91 Gibbs Corp 131 NLRB No 118, footnote 1
12 See Stockbridge Vegetable Producers, Ina , 131 NLRB No 102, Tampa Coca-Cola
Bottling Co, 130 NLRB 1505, Overnste Transportation Co 429 NLRB 261, 283, Charlton
Press, Inc ,129 NLRB 1352,1355-1357
79 "The term 'representatives' includes any individual or labor organization" Sec
2(4) of the act The term "labor organization," as defined in sec 2(5), includes any
organir itIon in Much employees participate and winch exicts, at least in part, for the purpose
of bargaining collectively with employers on behalf of employees
Sec 9(a) In Ike.; the mayolity representatilo `f Nclushe represeut •itives of all tin.
employees" in the appropriate unit "for the purposes of collective bargaining in respect to
rates of pay, v.ages, hours of employment, or other conditions of employment"
19 See, however, The Texas Pipe Line Co , 129 NLRB 705, 708, where the trial examiner
held that a union's request for bargaining was not a prerequisite since the employer had
advised that it would not bargain For other cases dealing with the issue of what constitutes
an effective bargaining request, see Rural Electric Ca, 130 NLRB 799, Hilton
Insulation, Inc. 129 NLRB 1296, Barney's Superoenter, Inc , 128 NLRB 1325, Laabs,
lac, 128 NLRB 874