TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair labor Practices 77
rights It is well established that section 8(a) (1) coercion "does not
turn on the employer's motive or on whether the coercion succeeded
or failed " 3
The cases of independent 8(a) (1) violations during the past year
continued to present the usual pattern of employer conduct designed
to prevent union organization, to discourage union adherence, or to
impede other concerted activities protected by section 7 of the act
For the most part, they involved such clearly coercive conduct as
t eprisals, and express or implied threats of reprisals, for participating
in union or other protected concerted activities, 4 and promises ol
grants of economic advantages to discourage such activities
Specific reprisals or threats of reprisal found violative of
section 8(a) (1) included the eviction of strikers nom company
hvmg quarters,° the discharge of an employee for presenting
a grievance on behalf of herself and fellow employees, 7 threats of
plant shutdown and discharge, 8 threats of loss of overtime and reduced
work,° threats of "drastic measures," 10 statements attributing discharges,
layoffs, and iefusals to promote and Pecan employees to
union activities," and threats that wage increases," advancement,"
lob security," job benefits," or continued operation of the plant oi
business 18 depended upon the employees' rejection of the union in a
BOltld election
Also found violative of this section wine employer threats to
break and get rid of the union," to discontinue business if the
union became the collective bargaining representative,18 to decline
to bargain with the union," to delay negotiations unnecessarily,20
to shut down befoie the employe' would sign a collective-bargaining
Ibid
4 See, e g, Stewart Hog Ring Co. Inc • 131 NLRB No 49 • West India Fruit & Steam
chip Co • /no , 130 NLRB $43 (Members Rodgers and Kimball dissenting on jurisdictional
grounds) • Winn Dime Stores, Inc , 128 NLRB 574, Layton Oil Co • 128 NLRB 252
5 See, e g • West India Fruit it Steamship Co , Inc • above, Ksekert Brothers Ford, Ina,
129 NLRB 1316 • Sherry Mfg Cc, Inc , 128 NLRB 739, Murray Ohio Mfg Co. 128 NLRB
184
• Kohler Oo , 128 NLRB 1082, 1092-1093, 1188-1189 A sec 8(a)(3) violation wag
not found because the occupancy of such living quarters was not a "condition of employment"
She, ry Mfg Go, Inc, 128 NLRB 739 A grc 8(n) (1) v, is not found liPtitv.e
the action was not related to union activities
8 Lsberty Coach Go, 128 NLRB 160
• Stewart Hog Ring Go, Inc, 131 NLRB No 49
'8 Weat India Fruit & Steamship Go, Inc , 130 NLRB 343 (Members Rodgers and Kimball
dissenting on jurisdictional grounds)
• Borg Warner Controls, etc. 128 NLRB 1035
12 General Engineering, Ina, 131 NLRB No 87
13 The Pulaski Rubber Oo ,131 NLRB No Si
• lbsd
gs General Engineering, Inc, above
18 The Pulaski Rubber Co, above, Minnotte Mfg Corp, 131 NLRB No 85 (also payment
of money involved)
• Borg-Warner Controls, above (employer also advocated formation of a dominated
union)
• Kickert Brothers Ford, Ino , 129 NLRB 1316
zi General Engineering, Inc , 131 NLRB No 87
monad