TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 119
use the hiring hall 83 In another case, the Board found one violation
of section 8(b) (1) (A) where the union attempted to have a
leading organizer for a rival union discharged for distributing literature
and "agitating" for the rival union, and a separate violation
of the same section where a. fight with this employee was deliberately
provoked for the purpose of forcing the employee to violate the employer's
rule and fixed policy that the one who strikes the first blow
is subject to discharge 84
During the past year an employer and a union were held to have
violated section 8(a) (1) and 8(b) (1) (A), respectively, by interrogating
certain workers about their participation in circulating a
petition protesting representation by this union, which had been recognized
by the employer for a group of employees although it did not
then enjoy majority status 85 These employees were summoned to
the plant office and interrogated by a union official in the presence
of other union repiesentatives and employer officials
The Board continued to adhere to the view that by the failure of
union officials, present when serious acts of violence occur, to halt or
repudiate the coercive conduct of its union members, the union ratifies
such acts and is liable for their commission 88 In one instance, the
union was held responsible for the conduct of a rank-and-file member
who acted as an agent in securing signed authorization cards for
organizational purposes, whether or not the specific conduct had been
authorized or ratified 87
(2) Illegal Union-Security and Employment Practices
The Board has consistently held that the execution, maintenance,
or enforcement of illegal union-security and employment agreements,
which condition employment on union membership, is not only violative
of section 8(b) (2), 88 but is also violative of section 8 (b) (1) (A)
in that such action inevitably restrains and coerces employees in their
section 7 right to acquire and maintain, or refrain from acquiring or
maintaining, union membership 89
= Subordinate Lodge No 169, Boilermakers (A B Anderson Consttuction Co ), 129
NLRB 1003, Member Fanning concurring and dissenting in part
B4 Local 212, International Union, United Automobile, Aircraft it Agricultural Implement
Workers (Chrysler Corp ), 128 NLRB 952
Stokley-Bordo, 130 NLRB 869
al Local 6881, UMW (Grundy Mining Cc), 130 NLRB 1181.
ST International Woodworkers of America (Central Venee r), idi NLRB No 20, Member
Fanning dissenting Although the Board majority found that an unfair labor practice
had been committed, it held that, under the circumstances, a remedial order was not
warranted
a See beim% , pp 123-127
a, See International Union, UAW, APL—CIO, etc (John I Paulding, Inc ), 130 NLRB
1035, which involved the unlawful application of a lawful maintenance of membership
clause