TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

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Unfair Labor Practices 145 nonunion owner-operators of trucks utilized by the employer could not deliver goods to consignees in the area, but would have to bring their trucks directly to the employer's terminal in order to effectuate local delivery, and either the truck-borne goods would then have to be transferred to other trucks manned by union members, or the independent operators would have to hire union members to drive the trucks In either event, according to the Board, the contract would require a partial cessation of business between the owner-operators and the employer Furthermore, the employer would have to cease using independents for local deliveries if, as was reasonably inferable, the independents were not disposed to hire union drivers or to take the time to have their goods reloaded at the employer's terminal In the same case,1 the Board outlawed a contract clause specifying . that an employer, prior to hiring or leasing equipment from other • employe' s, "shall give fu st p1 efei ence to employ ei s having a conti act • with a local" of the contracting union's international This article, the Board pointed out, would force an employer who lases independent owner-operators to cease dealing with independents until he had attempted to lease the equipment from every other employer in the area having a contract with the international, and in the event the equipment and driver were available, not use independents at all • Only one case involving either of the industry exemptions in section 8(e) was decided during fiscal 1961 2 In that case, the construction industry proviso was held to apply to work performed by a subcontractor's land survey crews at a construction site which did not involve work on any actual structure or buildings to be erected above pound level The Board adopted the trial examiner's finding that the 8(e) proviso was not intended to exclude construction below ou at giound level 7. Jurisdictional Disputes Section 8(b) (4) (D) forbids a labor organization from engaging in or inducing strike action for the purpose of forcing any employer to assign particular work tasks to "employees in a particulai laboi organization or in a particular trade, craft, or class rather than to employees in another laboi oiganization or in another trade, craft, or class, unless such employer is failing to conform to an older or certification of the Board detei mining the bai gaining repiesentative for employees performing such work" An unfair labor practice charge under this section, however, must be handled differently fi om charges alleging any other type of unfair 1 Ibid - Intonational Union of Operating Engineers, Local 12 (Vantlenbetg Debelopinent Cot p ), 131 NLRB No 75
146 Twenty-sixth Annual Report of the National Labor Relations Board labor practice Section 10(k) requires that parties to a jurisdictional dispute be given 10 days, after notice of the filing of the charges with the Board, to adjust their dispute If at the end of that time they are unable to "submit to the Board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of, the dispute," the Board is empowered to hear and determine the dispute 3 Section 10(k) further provides that pending section 8(b) (4) (D) charges shall be dismissed where the Board's determination of the underlying dispute has been complied with, or the parties have voluntarily adjusted the dispute A complaint issues if the party charged fails to comply with the Board's determination A complaint may also be issued by the General Counsel in case of failure of the method agreed upon to adjust the dispute a Proceedings Under Section 10(k) In order for the Board to proceed with a determination under section 10(k), the record made at the hearing must show that a work assignment dispute within the meaning of sections 8(b) (4) (D) and 10(k) exists; that there is reasonable cause to believe that the respondent union has resorted to conduct winch is pi ohibited by section 8(b) (4) in furtherance of its dispute, and that the pai ties have not adjusted their dispute or agieed upon methods for its voluntary adjustment (1) Disputes Subject to Determination A dispute to bg subject to determination under section 10(k) must concern the assignment of particular work to one group of employees rather than to members of another group In one case, an electricians union, whose members were employed on a hospital construction job, attempted to compel a manufacturer of X-iay equipment—being delivered to the hospital for installation— to transfer the installation work flora its own employees to electricians, threatening to shut down the entire job if its demand was not met 4 Such dispute, the Board concluded, was properly before it for determination under section 10(k) In Safeway Store8,5 during the fiscal year, a majouty of the Board a The Supreme Court during the past fiscal year held that the Board must make affirmative determinations in such disputes NLRB v Radio d Television Broadcast Engineers Union Local 12111, MEW (Columbia Broadcasting /System), 364 II S 573 (1961), discussed below, pp 152-153 The Board did not have occasion to interpret this decision during the fiscal year Local 8, Electrical 'Workers (Picker I Ray Cm p), 128 NLRB 561 5 Highway Truck Enters ef Trainers, Loral 107 (Safeway Stores), 129 NLRB 1 Member Panning dlwientIng
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TWENTY-SIXTH ANNUAL REPORT
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NATIONAL LABOR RELATIONS BOARD Memb
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CH U.TER TABLE OF CONTENTS I Operat
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Table of Contents IX CHAPTER IV Unf
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Table of Contents XI CHAPTER VI Enf
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Operations in Fiscal Year 1961 For
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Operations in Fiscal Year 1961 3 an
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Operations in Fiscal Year 1961 5 of
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Operations in Fiscal Year 1961 7 Ch
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Operations in Fiscal Year 1961 9 3
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Operations in Fiscal Year 1961 11 C
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Operations in Fiscal Year 1961 13 C
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Operations in Fiscal Year 1961 15 P
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Operations in Fiscal Year 1961 17 W
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Operations in Fiscal Year 1961 19 c
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Operations in Fiscal Year 1961 21 E
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Jurisdiction of the Board 23 of leg
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Jurisdiction of the Board 25 case B
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Jurisdiction of the Board 27 majoli
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Jurischaton of the Board 29 of its
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Jurisdiction of the Board 31 standa
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Representation Cases 33 Petitions f
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Representation Cases 35 2. Existenc
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Representation Cases 37 the employe
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Representation Cases 39 The "tradit
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Representation Cases 41 unit which
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Representation Cases 43 pi opriatel
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Representation Cases 45 (a) Qualifi
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Representation Cases 47 (3) "Hot Ca
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Representation Cases 49 new officer
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Representation Cases 51 The Boaa d
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Representation Cases 53 tion year i
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Representation Cases 55 a General C
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Representation Cases 57 existing la
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Representation Cases 59 dividual co
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Representation Cases 61 (1) Agricul
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Representation Cases 63 assigned hi
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Representation Cases 65 the pieviou
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Representation Cases 67 elections i
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Representation Cases 69 during the
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Representation Cases 71 fere with t
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Representation Cases 73 speeches he
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Representation Cases 75 policy not
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Unfair labor Practices 77 rights It
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Unfair labor Practices 79 practices
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Unfair Labor Practices 81 deemed to
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Unfair labor Practices 83 majority
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Unfair Labor Practices 85 panel fou
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Unfair Labor Practices 87 not "capa
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Unfair Labor Practices 89 ather, de
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Unfair Labor Practices 91 while the
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Unfair Labor Practices 93 time abse
Page 108 and 109: Unfair Labor Practices 95 cants app
Page 110 and 111: Unfair Labor Practices 97 in Betts
Page 112 and 113: Unfair Labor Practices 99 long-dist
Page 114 and 115: Unfair Labor Practices 101 into and
Page 116 and 117: Unfair Labor Practices 103 (c) Ille
Page 118 and 119: Unfair Labor Practices 105 (5) Othe
Page 120 and 121: Unfair Labor Practices 107 or other
Page 122 and 123: Unfair Labor Practices 109 man unit
Page 124 and 125: Unfair labor Practices 111 employer
Page 126 and 127: Unfair Labor Practices 113 is not r
Page 128 and 129: Unfair Labor Practices 115 (2) Unil
Page 130 and 131: Unfair Labor Practices 117 1. Restr
Page 132 and 133: Unfair Labor Practices 119 use the
Page 134 and 135: Unfair Labor Practices 121 of a con
Page 136 and 137: Unfair Labor Practices 123 by the u
Page 138 and 139: -teria), Unfair Labor Practices 125
Page 140 and 141: Unfair labor Practices 127 which we
Page 142 and 143: Unfair Labor Practices 129 In the s
Page 144 and 145: Unfair Labor Practices 131 It also
Page 146 and 147: Unfair Labor Practices 133 In anoth
Page 148 and 149: Unfair Labor Practices 135 constitu
Page 150 and 151: Unfair Labor Practices 137 the prim
Page 152 and 153: Unfair Labor Practices 139 employer
Page 154 and 155: Unfair Labor Practices 141 mine whe
Page 156 and 157: Unfair Labor Practices 143 With reg
Page 160 and 161: Unfair Labor Practices 147 rejected
Page 162 and 163: Unfair Labor Practices 149 'elusion
Page 164 and 165: Unfair Labor Practices 151 predeces
Page 166 and 167: Supreme Court Rulings 153 rejected
Page 168 and 169: Supreme Court Rulings 155 ence of a
Page 170 and 171: Supreme Court Rulings 157 by the pr
Page 172 and 173: Supreme Court Rulings 159 pointed o
Page 174 and 175: VI Enforcement Litigation Board ord
Page 176 and 177: Enforcement Litigation 163 b Assist
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Page 180 and 181: Enforcement Litigation 167 (2) Subc
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Page 184 and 185: Enforcement Litigation 171 employer
Page 186 and 187: Enforcement Litigation 113 refused
Page 188 and 189: Enforcement Litigation 175 c Strike
Page 190 and 191: Enforcement Litigation 177 (b) Pick
Page 192 and 193: Enforcement Litigation 179 under th
Page 194 and 195: Enforcement Litigation 181 (i) and
Page 196 and 197: VII Injunction Litigation Sections
Page 198 and 199: Injunction Litigation 185 of subpar
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Injunction Litigation 195 exert oth
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Injunction Litigation 197 such an a
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Injunction Litigation 199 and that
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Injunction Litigation 201 sentation
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Injunction Litigation 203 Board ele
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Injunction Litigation 205 not to ex
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Injunction Litigation 207 employer
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VIII Contempt Litigation Petitions
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IX Miscellaneous Litigation Litigat
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Miscellaneous Litigation 213 dictio
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Miscellaneous Litigation 215 Though
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I, 2 oo Table 1A.-Unfair Labor Prac
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220 Twenty-sixth Annual Report of t
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Table 5.—Industrial Distribution
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Table 6.—Geographic Distribution
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Table 7.—Analysis of Stages of Di
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Table 8.—Disposition of Unfair La
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Table 13A.-Outcome of Collective-Ba
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Table 15.-Geographic Distribution o
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238 Twenty-sutth Annual Report of t
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TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

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