TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

78 Twenty-sixth Annual Report of the National Labor Relations Board
agreement with the union," or that there would never be a union in
the employer's establishment 22
Unlawful interference within the meaning of section 8(a) (1) was
also found where employers announced a wage increase and adopted
a hospitalization plan,23 rescinded a proposed wage cut," promised
to take care of complaints,23 promised that discharged employees might
return to work if they forgot the union," offered to negotiate an individual
wage increase with an employee, 27 or stated that problems
could be resolved without union representation 28
Section 8(a) (1) was likewise held violated where employers solicited
or aided employees to resign from the union," or, accompanied by
threats of reprisal or promises of benefit, solicited employees to abandon
a current strike 32
a Interrogation
The Board has continued to adhere to the test enunciated m Blue
Flash, Express, Inc ,81 that the legality of an employer's interrogation
of employees as to their union allegiance and activities depends
upon "whether under all the circumstances, the mterrogation reasonably
tends to restrain or interfere with the employees in the exercise
of rights guaranteed by the Act " 32 If "the surrounding circumstances
together with the nature of the interrogation itself" render
the interrogation coercive, it need not "be accompanied by other unfair
labor practices before it can violate the Act" However, when
such interrogation viewed in the context in which it occurred "falls
short of interference or coercion, [it] is not unlawful "
Thus, the Board found no violation where single instances of interrogation
occurred., in circumstances devoid of other unfair Um
= & B Electric Co , 130 NLRB 961
= Edwards TrucLing Go, 129 NLRB 885 See also Twenty-fifth Annual Report (1960).
p 56
5° Sherry Mfg Go, /no, 128 NLRB 739 (unilateral action also found a sec 8(a) (5)
violation)
• KicLert Brothere Ford, Inc , 129 NLRB 1318 (no violation of sec 8(a) (5) found
since wage cut had never been put into effect)
= West India Fruit & Steamship Go, Inc , 130 NLRB 344 (Members Rodgers and Kimball
dissenting on Jurisdictional grounds)
26 Edwards TrucLing Oo , above
= Murray Ohio Mfg Co ,128 NLRB 184
28 Barney'e Supercenter, /no, 128 NLRB 1325
= Edward. Trucking Co, 129 NLRB 885 • Winn-Dszie Storee, Inc, 128 NLRB 574, West
India Fruit a Steamship 00, Inc, above
ao 0 cE S Electric Go, 130 NLRB 961 (strikers threatened with loss of jobs, vacation,
and bonuses if they failed to return by a certain day) , Kohler 0, 128 NLRB 1062,
1088-1090 (promises of benefits if striker returned)
= 109 NLRB 691,593 (1954)
aa Ainsworth Mfg Co. 181 NLRB No 48
= See Twentieth Annual Report (1955), pp 67-09, Twenty-third Annual Report (1958),
p 57, Anderson Air Activities, Inc, 128 NLRB 698,899