NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 101
It is incumbent upon the employer to recognize the union which is
the exclusive representative of the employees and to negotiate with it
as such." The requirements of the act are not satisfied by meeting
with the union representatives and discussing terms with them if
union recognition is withheld." Thus, in Matter of The Griswold
Manufacturing Company 77 the Board found that—
By treating the committee of Lodge 1197, not as a representative of the Union,
but as a committee of its employees, the respondent denied its employees the
right to select the agency to negotiate for them as guaranteed by the Act.
To meet and negotiate with a committee of employees while deliberately withholding
union recognition does not satisfy the requirements of the Act. The
paramount importance of the fact of union recognition alone in securing collective
bargaining has been asserted repeatedly in our decisions.
The employer must meet and negotiate with the representatives
chosen by a majority of its employees in an appropriate unit. It is
an unfair labor practice for the employer to impose its preferences
as to the representatives of its employees or to insist upon representatives
of a certain character as a condition precedent to negotiation.
Thus, in Matter of Fansteel Metallurgical Corporation 78 the Board
found that-
Anse1m [the plant superintendent] specified that only employees of five years
standing should be on the committee. This condition, it happened, was satisfied
at the time. While much , grosser examples of antiunion conduct followed,
we may point out here that the imposition of such a condition on the personnel
of the union committee was totally unwarranted. The right of employees,
guaranteed by the act, to representatives of their own choosing. necessarily
negatives any privilege on the part of the employer to place limitations upon the
representatives whom the employees are permitted to designate.
In Matter of Piqua Munising Wood Products Company 79 the employer
was found to have committed an unfair labor practice by refusing
to meet with an American Federation of Labor organizer 88 or
to negotiate with anyone who was not in its employ. In Matter of
The Louisville Re-fin,ing Company 81 the employer stated that it preferred
to deal with local people and that it thought its employees
should have a company union. The Board found that these facts
were indications of the employer's determination not to deal with the
Lodge No. 1719. 7 N. L. R. B. 714 Matter of The Boss Manufacturing Company and International
Glove Workers' Union of America, Local No. 85. 3 N. L. R. B. 400. Where, however.
a labor organization has achieved the majority status, the employer is not excused for
failing to bargain with it by the fact that the labor organization seeks to bargain only for its
members. in Matter of The Louisville Refining Company and International Association. Oil
Fielol, Gas Well and Refinery Workers of Amerioa. 4 N. L. R. B. 844. the Board said : "Nor
do we find that the respondent is relieved of its obligation under the Act to bargain collectively
because of the fact that the proposed contract presented by Stickel [the union
representativel stated in its title that the union was acting only on behalf of such employees
of the respondent as were members of the union. Where, as in this case, the union in fart
has a majority at the time of the conferences, the employer must bar gt.iin collectively with
the designated representatives, even thou gh the union does not ask for recognition, in
writing, of its right to act as the exclusive representative of all employees in the appropriate
unit."
"Matter of Piaua Munising Wood Products Company and Federal Labor Union, Local
18787. 7 N. L. R. B. 782.
"Matter of MeNeely & Price Company and National Leather Workers Association, Local
No. 30. of the O. I. 0.. 6 N. L. R. B. 800.
" Matter of The Griswold Manufacturing Company and Amalgamated Association of
Iron. Steel and Tin Workers of North America. Lodge No. 1107. 6 N. L. R. B. 298.
78 Matter of Fansteel Metallurgical* Comoration and Amalgamated Association of Iron.
Steel and Tin Workers of North Americo. Local SS. 5 N. L. R. B. 930. enforcement denied in
Fansteel Metallurgical Corp. v. N. L. R B., 98 F. (2d1 375 (C. C. A. 7th, 1938). On
November 21, 1938. th . Supreme Court granted certiorari.
"Matter of Piqua Munising Wood Products Company and Federal Labor Union, Local
18787. 7 N. L. B. B. 782.
8* The employer asserted that it would not deal with a "professional organizer."
a Matter of The Louisville Refining Company and International Association, Oil Field,
Gas Well and Refinery Workers of America, 4 N. L. R. B. 844.