TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 115
(2) Unilateral and Other Derogatory Action
The duty of an employer to bargain with the statutoi y representative
of his employees includes the duty to refrain from taking unilateral
action with respect to matters as to which he is required to
bargain, and from making changes in terms and conditions of employment,
without first giving the statutory representative an opportunity
to negotiate concerning the contemplated action or change 56
During the past year, the unilateral grant of wage increases during
a strike, without notice to or negotiation with the bargaining representative,
was held violative of section 8(a) (5) in several cases 6° In
the leading case in this category, Kohler Co two such unilateral
wage increases during a strike were held violative of the section
As to the first increase, the Board distinguished the case from Bradley
Washfountazn,62 and rejected the contention that the wage increase
did not disparage the union or the collective-bargaining process because
the employer continued to negotiate with the union after the
wage increase was granted It noted that, unlike die situation m
Bradley Waahfountazn, this employer did not first offer to discuss
with the union the wage proposal it put into effect, nor did it suggest
to the employees that it had discussed this matter with the union or
that the union had rejected it On the contrary, this employer placed
the increase in effect without notice and without discussion or negotiation
with the union, frequently proclaimed that it would not
reward the union for having struck, and did not treat the increase
as an allowance of the union's demands, but steadfastly refused to
offer the union the same wage proposal 66 As to the other wage m-
crease, a Board majority held that the employer violated the section
by granting it unilaterally in the absence of an impasse on wages or
other contract issues 64
Other conduct deemed derogatory of the statutory representative,
and therefore violative of the section, included the unilateral putting
into effect of a hospitalization plan, 65 the unilateral grant of an
appropriate unit, although the union had entered into a contract which made no provision
that job descriptions would be furnished, upon the oral assurance that they would
be furnished
so See Kohler Co, 128 NLRB 1062, 1078-1079, citing NLRB v Crompton Highland
Mills, Inc, 337 US 217 (1949). and May Department Stores v NLRB, 326 US 376
(1945)
4° See, e g, Kohler Co, above, Sherry Mfg Co • 128 NLRB 789, Peyton Packing Co,
lac, 129 NLRB 1358, 1361-1362 (contention that wage raises were merit increases rejected)
See also Dtaten cE Masch Mfg Co, 129 NLRB 112, 123-224, where a unilateral
wage decrease during a strike was found unlawful
61 128 NLRB 1062, 1077-1084, 1088, 1179-1180
(12 N LRB v Bradley Washfountain Co, 192 1r 2d 144 (C A 7, 1951)
63 128 at pp 1079-1080
14 128 NLRB at pp 1088, 1179-1180, AfLmber Rodger; divientIng on the ground that
nn impasse had been reached
15 Sherry Mfg Co /no, 128 NLRB 739
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