TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

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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 616401-62-9
116 Twenty-sixth Annual Report of the National Labor Relations Board additional half-day holiday; G6 the unilateral reduction of wage rates, " the entering into, and iequiring employees to enter into, employee agieements changing terms and conditions of employment, without consulting the certified iepresentative , 68 and the discussion of grievances, pay raises, vacations, and other working conditions with an employee committee, in derogation of the exclusive bargaining iepresentative's authority G'' e Suspension of Bargaining Obligation Although the duty to bargain and to recogiuze a union which is the statutory repiesentative of the employees is a continuing one, certain aspects of the employer's bargaining obligation may be temporarily suspended while the union is engaged in unlawful activity 70 Accordingly, in the Koh,ler case, above, the Board held that the employer was justified in breaking off bargaining negotiations during those periods in which the umon, through its representatives, endorsed illegal strike conduct, including violence and vandalism, and encouraged "mob" demonstrations at the homes of nonstriking employees 71 B. Union Unfair Labor Practices The several subsections of section 8(b) of the act specifically proscribe as unfair labor practices seven sepal ate types of conduct by labor organizations or their agents In addition, section 8(e), added by the 1959 amendments, prohibits employers and labor organizations alike from entering into "hot cargo" type contracts Cases decided lcz the Board during fiscal 1961 under subsections (1), (2), (3), (4), and (7) of section 8(b) as well as under section 8(e) are discussed below. No cases were brought to the Board for decision mvolvmg subsection (5) which forbids excessive and discriminatory union fees, or subsection (6) which prohibits so-called featherbedding practices 66 Borg Warner Controls, eta, 128 NLRB 1085 u- Dar,. tone Manch Mfg Oo , 129 NLRB 112, 124 68 Lucas County Farm Bureau Co-operative Assn 128 NLRB 458, 472 See also squirt- Nesbitt Bottling Corp, 130 NLRB 24 fa Bilton Insulation, Inc , 129 NLRB 1296 '0 See Kohler Co , 128 NLRB 1062, 1087-1088, 1170-1172, 1175-1176 See also Valley Osty Furniture Go, 110 NLRB 1589 (1954) , Marathon Electric Mfg Corp , 106 NLRB 1171 (1952); Phelps-Dodge Copper Produots Coop, 101 NLRB 360 (1952) , Eighteenth Annual Report (1958), pp 44-45 However, the obligation to bargain may again become operative upon correction of the wrongful action See Dorsey Trailers, /no, 80 NLRB 478, 486 (1948) "t For a further discussion of the illegal strike conduct in this case see above, pp 94-95
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TWENTY-SIXTH ANNUAL REPORT
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NATIONAL LABOR RELATIONS BOARD Memb
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CH U.TER TABLE OF CONTENTS I Operat
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Table of Contents IX CHAPTER IV Unf
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Table of Contents XI CHAPTER VI Enf
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Operations in Fiscal Year 1961 For
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Operations in Fiscal Year 1961 3 an
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Operations in Fiscal Year 1961 5 of
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Operations in Fiscal Year 1961 7 Ch
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Operations in Fiscal Year 1961 9 3
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Operations in Fiscal Year 1961 11 C
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Operations in Fiscal Year 1961 13 C
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Operations in Fiscal Year 1961 15 P
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Operations in Fiscal Year 1961 17 W
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Operations in Fiscal Year 1961 19 c
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Operations in Fiscal Year 1961 21 E
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Jurisdiction of the Board 23 of leg
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Jurisdiction of the Board 25 case B
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Jurisdiction of the Board 27 majoli
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Jurischaton of the Board 29 of its
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Jurisdiction of the Board 31 standa
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Representation Cases 33 Petitions f
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Representation Cases 35 2. Existenc
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Representation Cases 37 the employe
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Representation Cases 39 The "tradit
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Representation Cases 41 unit which
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Representation Cases 43 pi opriatel
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Representation Cases 45 (a) Qualifi
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Representation Cases 47 (3) "Hot Ca
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Representation Cases 49 new officer
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Representation Cases 51 The Boaa d
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Representation Cases 53 tion year i
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Representation Cases 55 a General C
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Representation Cases 57 existing la
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Representation Cases 59 dividual co
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Representation Cases 61 (1) Agricul
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Representation Cases 63 assigned hi
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Page 82 and 83: Representation Cases 69 during the
Page 84 and 85: Representation Cases 71 fere with t
Page 86 and 87: Representation Cases 73 speeches he
Page 88 and 89: Representation Cases 75 policy not
Page 90 and 91: Unfair labor Practices 77 rights It
Page 92 and 93: Unfair labor Practices 79 practices
Page 94 and 95: Unfair Labor Practices 81 deemed to
Page 96 and 97: Unfair labor Practices 83 majority
Page 98 and 99: Unfair Labor Practices 85 panel fou
Page 100 and 101: Unfair Labor Practices 87 not "capa
Page 102 and 103: Unfair Labor Practices 89 ather, de
Page 104 and 105: Unfair Labor Practices 91 while the
Page 106 and 107: Unfair Labor Practices 93 time abse
Page 108 and 109: Unfair Labor Practices 95 cants app
Page 110 and 111: Unfair Labor Practices 97 in Betts
Page 112 and 113: Unfair Labor Practices 99 long-dist
Page 114 and 115: Unfair Labor Practices 101 into and
Page 116 and 117: Unfair Labor Practices 103 (c) Ille
Page 118 and 119: Unfair Labor Practices 105 (5) Othe
Page 120 and 121: Unfair Labor Practices 107 or other
Page 122 and 123: Unfair Labor Practices 109 man unit
Page 124 and 125: Unfair labor Practices 111 employer
Page 126 and 127: Unfair Labor Practices 113 is not r
Page 130 and 131: Unfair Labor Practices 117 1. Restr
Page 132 and 133: Unfair Labor Practices 119 use the
Page 134 and 135: Unfair Labor Practices 121 of a con
Page 136 and 137: Unfair Labor Practices 123 by the u
Page 138 and 139: -teria), Unfair Labor Practices 125
Page 140 and 141: Unfair labor Practices 127 which we
Page 142 and 143: Unfair Labor Practices 129 In the s
Page 144 and 145: Unfair Labor Practices 131 It also
Page 146 and 147: Unfair Labor Practices 133 In anoth
Page 148 and 149: Unfair Labor Practices 135 constitu
Page 150 and 151: Unfair Labor Practices 137 the prim
Page 152 and 153: Unfair Labor Practices 139 employer
Page 154 and 155: Unfair Labor Practices 141 mine whe
Page 156 and 157: Unfair Labor Practices 143 With reg
Page 158 and 159: Unfair Labor Practices 145 nonunion
Page 160 and 161: Unfair Labor Practices 147 rejected
Page 162 and 163: Unfair Labor Practices 149 'elusion
Page 164 and 165: Unfair Labor Practices 151 predeces
Page 166 and 167: Supreme Court Rulings 153 rejected
Page 168 and 169: Supreme Court Rulings 155 ence of a
Page 170 and 171: Supreme Court Rulings 157 by the pr
Page 172 and 173: Supreme Court Rulings 159 pointed o
Page 174 and 175: VI Enforcement Litigation Board ord
Page 176 and 177: Enforcement Litigation 163 b Assist
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Enforcement Litigation 165 in the c
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Enforcement Litigation 167 (2) Subc
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Enforcement Litigation 169 bership
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Enforcement Litigation 171 employer
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Enforcement Litigation 113 refused
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Enforcement Litigation 175 c Strike
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Enforcement Litigation 177 (b) Pick
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Enforcement Litigation 179 under th
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Enforcement Litigation 181 (i) and
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VII Injunction Litigation Sections
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Injunction Litigation 185 of subpar
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Injunction Litigation 187 issued m
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Injunction Litigation 189 concludin
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Injunction Litigation 191 believe t
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Injunction Litigation 193 the secon
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Injunction Litigation 195 exert oth
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Injunction Litigation 197 such an a
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Injunction Litigation 199 and that
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Injunction Litigation 201 sentation
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Injunction Litigation 203 Board ele
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Injunction Litigation 205 not to ex
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Injunction Litigation 207 employer
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VIII Contempt Litigation Petitions
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IX Miscellaneous Litigation Litigat
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Miscellaneous Litigation 213 dictio
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Miscellaneous Litigation 215 Though
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I, 2 oo Table 1A.-Unfair Labor Prac
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220 Twenty-sixth Annual Report of t
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Table 5.—Industrial Distribution
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Table 6.—Geographic Distribution
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Table 7.—Analysis of Stages of Di
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Table 8.—Disposition of Unfair La
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Table 13A.-Outcome of Collective-Ba
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Table 15.-Geographic Distribution o
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238 Twenty-sutth Annual Report of t
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TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

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