TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

172 Twenty-sixth Annual Report of the National Labor Relations Board
abandoned, in return for a wage increase, its insistence on a clause
giving it the right to obtain the list The court observed that "the
language of the contract as finally agreed upon must be construed
without reference to give and take of the bargaining sessions which
produced the final teimmology "
d Application of Borg-Warner Rule
(1) Waiver of Union Fines
The employer in the Allen Bradley al case, reviewed by the Seventh
Circuit, refused to enter into an otherwise acceptable contract with
the complaining union unless the latter would agree to a clause providing,
in effect, that it would not impose fines or similar penalties upon
its members for i efusing to iespect the picket line in any strike the
union might call against the employer The Board, invoking the rule
of the Borg-Warner 38 case, held that the employer's insistence upon
this clause violated section 8(a) (5) because the type of intraunion
disciplinary action involved was not related, in the Board's view, to
wages, hours, or any other working condition within the field of mandatory
bargaining The court disagreed with this reasoning, however,
and declined to enforce the Board's order on the ground that the
employe]. 's proposal was equivalent, in purpose and legal effect, to a
no-strike clause Under Borg-Warner itself, the court noted, such
clauses prohibiting strikes are within the field of mandatory bargaining
since they regulate employer-employee relations, as distinguished
from union-member relations, and any employer has a "vital interest"
in utilizing the unimpaired services of employees who may choose to
work during the colt se of a strike
(2) Other Bargaining Subjects
In another case,39 the Seventh. Circuit held that the Board had
properly applied the Borg-Warner rule in finding that a union
violated section 8(b) (3) by refusing to sign a contract with the
employer unless the latter would agree to a clause purporting to assign
it "jurisdiction" over work being performed by employees outside
the bargaining unit, who were on the payroll of another employer
The District of Columbia Circuit, one judge dissenting, likewise
sustained the Board's ruling that the union in one case had unlawfully
conditioned bargaining upon a matter outside the field of "wages,
hours, and other terms and conditions of employment" when it
a Allen Bradley Co y NLRB, 286 F 2d442
es NL B v Wooster Division of Borg-Warner Corp, 856 U S 842 (1958) See Twentythird
Annual Report (1958), pp 104-100
ne N L I B v Loral 19, International Brotherhood of Longshoremen (Chicago Stevedoring
Co ), 286 F 2d661