TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

86 Twenty-sixth Annual Report of the National Labor Relations Board
unprotected conduct did not become protected because he was a rankand-file
employee when discharged 75
f. Interference With Board Proceedings
During fiscal 1961, the Board continued to hold that an employer's
mtimiclating or coeicive conduct to dissuade employees from participating
in a Board proceedmg constitutes unlawful interference
with employees' rights under the act 75 Thus, the Board held that an
employer's veiled threats that employees would be penalized in some
manner if they honored Board subpenas in a representation proceeding
violated section 8(a) (1) as such conduct tended not only to obstruct
the Board in its investigation but also "to deprive employees of vindication
by the Board of their statutory rights " "
2 Employer Domination or Support of Employee Organization
Section 8(a) (2) makes it unlawful fot an employer "to dominate
or interfere with the formation or administiation of any labor oi gamzation
or contribute financial or other support to it " The section
provides, however, that an employer may permit employees to confei
with him during working hours without loss of pay."
a Domination of Labor Organization
A labor organization is consideted dominated within the meaning of
section 8(a) (2) 79 if the employer has interfeied with its formation
or has assisted or suppoited its administration to such an extent that
the organization must be regarded as the employer's creation rathei
than the true httrgaining representative of the employees This,
according to the Board, was the case where a joint shop council, which
repi esented employees concerning grievances, wages, hours, and working
conditions, operated under bylaws into which company dommation
m as written to such a degree that the council "as constituted" was
.15 Gibbs Automatic Div • Pierce Induetrees, lao, 129 NLRB 196 See also Leonard
Neederriter Co • Inc. 130 NLRB 118
" Winn-Dixie Stores, lac, 128 NLRB 574 See also Twenty-fifth Annual Report (1960),
p 50, Twenty-fourth Annual Report (1959), pp 58-59
w Mid See also Kohler Co , 128 NLRB 1062, 1100-1102, discussed above, p 84, where
the Board condemned although it did not find it violative of sec 8(a) (1) or warranting
prosecution under sec 12 of the act, the employer's acceptance of reports of private detectives
it had hired to investigate and report on counsel for the General Counsel and his
activities
" Reimbursement of employees for time spent on union business, however, is considered
unlawful financial assistance to the union See Hotpoint Die, General Electric Co, 128
NLRB 788 Similarly, payment of aages for time spent by employee membeis of a 'tom
mittee" in conferences with management "after regular working hours" is unlawful assistance
See Rolland Mfg Co, 129 NLRB 776, 785
To The distinction between domination and lesser forms of employer interference with
labor organisations is of importance for remedial purposes gee, e g , Twenty-fourth
Annual Report (1959), pp 61-62