TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

112 Twenty-sixth Annual Report of the National Labor Relations Board
(3) "Agency Shop"
The question arose dining the past fiscal year whether an employer's
refusal to bargain on a union's "agency shop" proposal—under which
employees would be required to pay to the union the equivalent of
initiation fees and monthly dues regularly required of union members,
as a condition of employment after 30 days following the date of the
agieement or initial employment, whichever was later—for a plant
located in a "right-to-work" State which prohibits at rangements requiring
union membei ship but not such "agency shops," constituted a
refusal to bargain 55 After the close of the fiscal year, a Board majority
m the General Motors case 4° vacated an earlier majority decision
in the same case dismissing the complaint," and held this "agency
shop" proposal lawful union security under the act, absent any "suggestion"
that union membership was not available to any nonmembei
employee 'Who wished to join," hence a mandatory baigaining subject
d Violation of Bargaining Duty
An employer violates section 8(a) (5) not only by an outught
refusal to bargain with the majority representative of his employees,"
but also by bat gaining only ostensibly and not with a good-faith intent
to reach agreement," oi by conduct which interferes with the bargaining
process or undeimines the bargaining representative 45 During
fiscal 1961, a number of cases turned on the question whether the
employer unlawfully interfered with the bargaining process by such
conduct as the refusal to fuinish information requested by the bai gaming
representative, the unilateral change in terms of employment, and
other acts inconsistent with the bat gaining requirement
(1) Refusal To Furnish Information
The statutory duty of an employer to bargain in good faith includes
the duty to comply with the bargaining representative's request foi
"wage and other employment information essential to the intelligent
representation of the employees " 48 Moreover, "while an employe'
"General Motors Corp • 130 NLRB 481
" 133 NLRB No 21 (Sept 29, 1961). Chairman McCulloch and Members Rodgers, Fanning,
and Brown, Member Leedom dissenting
41 130 NLRB 481, former Chairman Leedom and Members Jenkins and Kimball—Members
Rodgers and Fanning dissenting
See discussion above, p 102
" See, e g • Benevento Sand d Gravel Co, 131 NLRB No 45 • Rural Electric Co • 130
NLRB 799, P Bennett Mfg Co, 129 NLRB 506
44 See, e g • Borg Warner Controls, 128 NLRB 1035, 1050-1051, Kohler Co , 128 NLRB
1082, 1068 "M" System, Inc , 129 NLRB 527, 547-553 (totality of employees conduct)
California Girl, Inc, 129 NLRB 209, footnote 3 (totality of employer's course of conduct)
a See, e g, Kohler Co, above, pp 1079-1080, Bilton Insulation, Inc • 129 NLRB 1296
a Kohler Co • 128 NLRB 1062, 1073 See also NLRB v Truitt Mfg Co. 351 11 S 149
(1950 , Twenty first Annual Report (1958), p 128