TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

120 Twenty-sixth Annual Report of the National Labor Relations Board
The numerous interrelated 8(b) (1) (A)-8(b) (2) cases decided
during fiscal 1961 00 again involved union-security agreements which
did not conform to statutory limitations," unlawful hiring arrangements,"
and agreements giving preference to union members in terms
of employment 03
Other cases in this category were concerned with coercion resulting
from unlawful union requests for the discharge of, or refusal of employment
to, individuals for nonmembership or nonobservance of
union rules"
2. Restraint and Coercion of Employers
Section 8(b) (1) (B) makes it an unfair labor practice for a labor
organization or its agents to restrain or coerce an employer in the
selection of his representatives for the purposes of collective bargaining
or the adjustment of grievances
Only one case involving section 8(b) (1) (B) was decided by the
Board in the past year." Here, the respondent unions met for about 5
months with an employer association representing a number of companies
but having authority to make "recommendations only" After
an impasse had been reached, the unions submitted contract proposals
directly to an individual company with the ultimatum that if the employer
did not sign, a strike would ensue The unions refused the
employer's request for time in order to consult with the employer
association, and a strike was called immediately It was conceded
that the employees of this individual company constituted a separate
appropriate unit The Board majority found that the strike was not
called because of objections to dealing u ith the agent as the employer's
representative, but rather because of disagreement over terms
00 These cases are more fully discussed in the chapter dealing spedlically with 8(b) (2)
violation6, below, pp 121-127
v, See e g NA Taxi Co 131 NLRB No 96
" See, e g, Southeastern Plate Glass Co • 129 NLRB 412 • Union Taxi Corp, 130 NLRB
814 Satchwell Electric Construction On, MG, 128 NLRB 1265, 1267
03 See e g • Indiana Gaa ct Chemical Col p • 130 NLRB 1488 (health insurance and pension
benefits limited to union members) , American Advertising Distributors, 129 NLRB 640,
654 (union employees paid 2% cents per hour more tkan nonunion employees)
"See, e g, BrunsuncL-Balke-Collender Co, 131 NLRB No 30 (taking exception to
union steward's remarks concerning starting and quitting of work) • International Union,
UAW, AFL—CIO, etc (John I Paulding, Inc ), 180 NLRB 1085 (failure to follow union
plocedures for resignation of members prior to execution of maintenance of membership
contract) , Miami Valley Carpenters District Council of Dayton Ohio (B G Dania Co ),
129 NLRB 517 (nonpayment of fine) , Subordinate Lodge No 169, International Brotherhood
of Boilermakers, eta (A B Anderson Construction Co), 129 NLRB 1008 (failure
to compl y with union's requirement that members seeking employment use its hiring hall)
KU!, AFL-010, Frigidaire Local 801 (General Motors Corp ), 129 NLRB 1379 (failure
to observe mechanics of reinstatement)
05 Lumber if Sawmill Workers, Local 2647 (Cheney California Lumber Co ), 130 NLRB
285, Member Rodgers dissenting The Board also dismissed the allegation that the strike
violatid sec 8(b) (3) See below, p 127