NATIONAL LABOR RELATIONS BOARD

\tn. ritniccipLEs ESTABLISH 95
solely because the employer refused to deal with the Union, their proper representative.
Under such circumstances, to hold that the committee is the freely
chosen representative of the employees or that the employer is under no further
obligation to bargain with the Union, would be to nullify the provisions of
Section 8 (5) of the Act.
In several instances, employers who engaged in other unfair labor
practices in an effort to avoid their obligation to bargain collectively,
succeeded in destroying the majority status of the union which had
sought to bargain collectively by causing employees to revoke their
designation, of that union as bargaining agent or to designate instead
a company-dominated labor organization. Such revocation or
change of designation, however, has been given no effect by the
Board.49
The Board has held that the employer, after undermining by means
of unfair labor practices the majority status of the union seeking
to bargain collectively, could not excuse its failure to bargain on
the ground that the union no longer was the bargaining agent of the
majority of employees in an appropriate unit. 5° In Matter of Arthur
L. C olten, and A. J. Colraan, 51 the Board said, "The respondents seek
to justify their refusal to bargain on the ground that subsequent to
the week of March 22 the Union no longer represented the majority
of their employees. We have found, however, that the majority
membership in the Union was dissipated as a result of the unfair
labor practices of the respondents." In Matter of Bradford Dyeing
Assootation, 52 the employer contended that, at a time when it was
charged with a failure to bargain collectively, a majority of the
employees in the appropriate unit had designated another labor organization
as the bargaining agency. The Board, in refusing to give
any effect to this contention, stated :
* * * The record is clear that had it not been for the unfair labor practices
of the respondent in organizing and fostering the Federation and in persuading,
intimidating, and coercing its employees to join the Federation and leave the
T. W. 0. C., the respondent's employees would have remained members of the
T. W. 0. C. The unfair labor practices of the respondent cannot operate to
change the bargaining representative previously selected by the untrammelled
will of the majority.
* * *
We are ordering the respondent to inform its employees that they are free
to become or remain members of the T. W. 0. C. and are not required to become
or remain members of the Federation. In the presence of such a finding and
order, to refrain from ordering the respondent to bargain collectively with the
T. W. 0. C., would be to hold that the obligation of one subdivision of the Act
may be evaded by the successful violation of another ; that the freely expressed
wishes of the majority of the employees may be destroyed if the employer
brings to bear sufficient interference, restraint, and coercion to undermine the
49 Matter of C. A. Lund Company and Novelty Workers Union, Local 1566 (A. F. of L.),
successor, 6 N. L. R. B. 423; Matter of Taylor Trunk Company and Luggage Workers Union,
Local No. 50, of the International Ladies' Hand Bag, Pocketbook and Novelty Workers
Union, 6 N. L. R. B. 32; Matter of Federal Carton Corporation and New York Printing
Pressmen's Union, No. 51, 5 N. L. R. B. 879; Matter of Gating Rope Works, Inc. and Textile
Workers Organizing Committee, C. I. 0., 4 N. L. R. B. 1100.
60 Matter of Arthur L. Cotten and A. J. Co/man, Co-partners, Doing Business as Kiddie
Kover Manufacturing Company, and Amalgamated Clothing Workers) of America, 6
N. L. n. B. 355; Matter of American Manufacturingi Company; Company Union of the
American Manufacturing Company; the Collective Bargaining Committee of the Brooklyn
Plant of the American Manufacturing Company and Textile Workers' Organizing Committee,
C. I. 0., 5 N. L. R. 13. 443 W Matter of Bradford Dyeing Association (U. S. A.) (a
Corporation) and Textile Workers' Organizing Committee of the C. I. 0., 4 N. L. R. B. 604.
n Matter of Arthur L. Cotten and A. J. Colman, Co-Partners. Doing Business as Kiddie
Rover Manufacturing Company, and Amalgamated Clothing Workers of America, 6 N. L.
R. B. 355.
53 Matter of Bradford Dyeing Association (U. S. A. (a Corporation) and Textile Workers'
Organizing Committee of the C. I. 0., 4 N. L. R. B. 604.