TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 121
of a contract, and thus did not violate section 8(b) (1) (B) According
to the Board majority, the fact that the employer may have felt
that it needed more time than the unions were piepared to allow for
consulting with its bargaining agent did not, in the light of the entire
baigauung history herein, establish that the unions sought to restrain
the employer in the selection of its bargaining representatives
within the meaning of the section
3. Causing or Attempting To Cause Discrimination
Section 8(b) (2) prohibits labor organizations from causing, or attempting
to cause, employers to discriminate against employees within
the meaning of section 8(a) (3) That section outlaws discrimination
in employment which encourages or discourages union membership,
except insofar as it permits the making of =OA-security agieements
on certain specified conditions By virtue of section 8(f), unionsecurity
agreements covering employees "in the building and construction
industry" are permitted on less restrictA conditions
The cases arising under section 8(b) (2) during fiscal 1961 were
concerned, for the most part, with illegal union-security requirements,
and unlawful hiring arrangements and practices, which resulted in
closed-shop conditions, or otherwise conditioned employment opportunities
on union membership or other union requirements 96
a Forms of Violations
The cases under section 8(b) (2) continued to present both individual
instances of union conduct tantamount to a request for discrimination
against employees because of the lack of union membership or
failure to observe union rulesr as well as agreements or arrangements
with employers unlawfully conditioning employment on union membership
or the performance of union obligations 98
To establish a violation of section 8(b) (2), the respondent union
must be shown to have caused, or attempted to cause, an employer to
discriminate against employees in violation of section 8(a) (3) Thus,
a number of cases decided during the year turned on issues as to (1)
"For illegal employer participation in such practices, see chapter on sec 8(a) (3)
violations, pp 99-105, above
97 See, e g • International Union, UAW, AFL—CIO (John I Paulding, Inc), 130 NLRB
1035 (failure to follow union procedureb for resignation of members prior to execution
of maintenance of membership contract) , Miami Valley Carpenters District Council of
Dayton Ohio (B a Danis Co ), 129 NLRB 517 (nonpayment of fine) , Subordinate Lodge
No 169, international Brotherhood of Boilermakers, etc (A E Anderson Construction
Co ), 129 NLRB 1003 (failure to comply with union's requirement that members seeking
employment use its hiring hail), Iris, AFL—CIO, Frigidaire Local 801 (General Motots
Corp), 129 NLRB 1379 (failure to observe mechanics of reinbtatement)
"See, eg, CheoLer Pam Co, 131 NLRB No 96, Southeastern Plate Glass Co , 129
NLRB 412