TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board
TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board
TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board
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IV<br />
Unfair <strong>Labor</strong> Practices<br />
The Boa d is empoweied by the act "to pievent any peison fiom<br />
engaging in any unfair labor practice (listed in section 8) affecting<br />
commeice " In general, section 8 forbids an employer or a union<br />
oi their agents from engaging m certain specified types of activity<br />
which Congress has designated as unfair labor practices The <strong>Board</strong>,<br />
however, may not act to prevent or remedy such activities until a<br />
charge of unfair labor practice has been filed with it Such charges<br />
may be filed by an employer, an employee, a labor organization, or<br />
other plivate party They are filed with the regional office of the<br />
<strong>Board</strong> in the area where the unfair practice allegedly was committed<br />
This chapter deals with decisions issued by the <strong>Board</strong> during the<br />
1961 fiscal ) ear, emphasis being given to decisions which involve novel<br />
questions oi set new precedents<br />
A. Unfair <strong>Labor</strong> Practices of Employers<br />
1. Interference With Section 7 Rights<br />
Section 8(a) (1) of the act forbids an employer "to Intel fele N4itli,<br />
iestrain, or coei cal; employees in the exercise of their rights to engage<br />
in, oi refi am from, collective bargaining and self-organizational<br />
activities as guaranteed by section 7 Violations of this general prohibition<br />
may take the form of (1) any of the types of conduct specifically<br />
identified in subsections (2) through (5) of section 8(a) , 1 or (2)<br />
any othei employer conduct which independently tends to interfere<br />
with, lest/ am, oi coerce employees in exercising then statutory rights<br />
Violations of the latter type axe discussed m this section<br />
Generally, the test which the <strong>Board</strong> applies in this type of case is<br />
"whether the employer engaged in conduct which, it may reasonably<br />
be said, tends to interfeie with the free exercise of employee rights<br />
under the Act " 2 To suppoit a violation, it is not necessary to show<br />
that the employer IN as motivated by a desire to interfere with such<br />
1 Violations of these types are dhscussed in subsequent sections of this chapter<br />
2 Amerscan Freightways 00 • Inc • 124 NLRB 146, 147 (1959) , Twenty-fifth Annual<br />
Report (1960), pp 58-57<br />
76
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