TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 123
by the union for his discharge In this case, the union steward
warned the employer that it would not be safe for union members to
work with this nonunion employee on union jobs as they might be subject
to union fine In the majority's opinion, this warning clearly
implied that the union men might refuse to work if this nonunion employee
was used on union jobs
The Board also had occasion to reiterate that peaceful picketing for
a union-security clause at a tune when the union did not represent
a majority of employees in an appropriate unit constitutes an unlawful
"attempt to cause" discrimination within section 8(b) (2).6
And a work stoppage to induce an employer to discharge union employees
who had exercised their lawful right to apply directly to
the employer for jobs—rather than through the union's hiring hall—
was likewise held to be an unlawful "attempt to cause" discrimmation,7
as was a union's threats of economic pressures if a nonunion employee
was not discharged 8
In Spzegelberg Lumber & Building Co ,9 a Boatd majority held
that, under the particular circumstances, a union unlawfully caused
the discharge of an employee for accepting the employer's offer of
substantially better working conditions than were contained in the
union's contract with the employer. The union's action, according
to the majority, foreseeably tended to encourage membership in and
fealty to the union It pointed out, however, that its holding here
did not mean that a union is powerless to protect its bargaining position
when confronted with dissident employees seeking different
working conditions outside of collective bargaining, but, rather, that
the union cannot protect that position by causing dissident workers
to be discharged for that reason
(1) Illegal Employment Agreements and Practices
The Board has consistently held that a union violates section 8
(b) (2) by entering into or maintaining an agreement which requires
in effect that preference in hiring be given to the contracting union's
members," or otherwise establishes hiring practices that result in
°Local Joint Executive Board of Hotel cl Restaurant Employees etc (Crown Cafeteria),
130 NLRB 1551
7 Subordinate Lodge No 169, Boilermakers (A B Anderson Construction Co ), 129
NLRB 1003, Member Fanning dissenting on another point
8 Local 49, Operating Engineers (AGO of Minnesota), 129 NLRB 399 Compare Ford
Motor Co (Sterling Plant), 131 NLRB No 174
2 International Association of Bridge, Structural 4 Ornamental Iron Workers, Local 494
(Spiegelberg Lumber 4 Building Go), 128 NLRB 1379, Members Rodgers and Fanning
dissenting
"See, e g, Union Taxi Corp, 130 NLRB 814, Southeastern Plate Glass Co, 129 NLRB
412, Member TenkIna (lamenting In part, Amerman Ad, enuring Distributors 12e NLRB
1340