TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair labor Practices 127
which we now consider, to the effect that Hall should be discharged for his
nonmembership in Local 214, and that there would be no referrals until Hull was
discharged, merely serve to illuminate and explain why Bradley discharged
Hall [Footnote omitted ]
4. Refusal To Bargain in Good Faith
Section 8(b) (3) prohibits a labor oiganization from refusing "to
bargain collectively with an employer, provided it is the representative
of his employees subject to the provisions of section 9(a) "
Under section 8(d), the union and the employer 34 have a mutual
obligation to bargain collectively by meeting at reasonable times and
conferring in good faith "with respect to wages, hours, a,nd other
terms and conditions of employment, or the negotiation of an agreement,
or any question arising thereunder, and the execution of a
mitten contract incorporating any agreement reached if requested
by either party" However, "such obligation does not compel either
party to epee to a proposal or require the making„of a concession."
In one case 35 a majority of the Board held that the respondent
unions did not refuse to bargain in good faith by giving the employer
an "ultimatum," backed by a strike threat, to sign certain contract
proposals immediately without any further opportunity to consult
with its bargaining agent The ultimatum was the culminating action
in the course of bargaining which had extended over a period of
about 5 months and resulted in an impasse, and the employer's agent
had previously rejected the unions' proposals The Board majority,
obsei ving that a strike prior to the ultimatum would not have been
violative of section 8(b) (3), concluded that a strike preceded by a
final offer even on a "take it or face a strike" basis after breakdown
in good-faith negotiations, was not a violation of a union's bargaining
obligation
a. Bargaining Demands
The statutory representative of an appropriate employee unit—as
in the case of the employer of the employees "—must bargain as to
all matters pertaining to "wages, hours, and other terms and conditions
of employment" In other matters which are lawful, bargaining
is permissible though not mandatory But insistence on inclusion in
a conti act of clauses dealing with matters outside the category of
bargaining subjects specified in the act, as a condition of bargaining
on mandatory matters, constitutes an unlawful refusal to bargain 37
84 See above, pp 107-116
Lumber d Sammall Workers, Local 2647, et al (Cheney California Lumber Go ), 130
NLRB 235, Member Rodgers dissenting
ao See above, pp 109-112
97 21LRB v Wooster Division of Borg Warner Corp, 356 1:1 13 842 (1958) , Twentythird
Annual Report (1959), pp 104-106