NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED - 103
segment separate from the negotiations which have preceded it." 86
It follows, therefore, that the employer must accept those representatives
chosen by its employees as the duly designated representatives
throughout the entire process of collective bargaining, and that an
employer camiot refuse to recognize the representatives of its employees
for the purpose of contracting any more than for the purpose
of negotiation. The Board has held that a refusal to recognize
a- union for the purposes of contracting is an unfair labor practice; 87
the final agreement must be between the employer and the duly
designated representatives of its employees. 88 In Matter of United
States Stamping Company" the Union presented a proposed contract,
the heading of which indicated that it was to be an agreement
between the employer and the union. The employer suggested that
the heading be worded as follows:
This Agreement, made and entered into, by and between the United States
Stamping Company, Moundsville, W. Va., and five or six names—whatever the
case may be or their successors, who may be elected from employees of the
United States Stamping Company by ballot to negotiate and bargain collectively
with respect to wages, working conditions, affecting those employees who have
authorized the above employees to represent them.
The contention of the employer was that the signing of a contract
with the union would be a violation of the act in that it would grant
a preference to the union over another labor organization within the
plant. The Board answered the contention by stating that—
The * * * defense of the respondent requires no discussion. The Act
requires negotiations by an employer, with a view to reaching an agreement,
with the organization representing the majority of his employees to the exclusion
of all other possible representatives. By express provision, such a majority
representative is the exclusive representative of all the employees.2°
In Matter of McNeely & Price Company,81 the representatives of
the employer and the union arrived at a proposed agreement. The
employer then refused to put this understanding in the form of a
definite agreement between the employer and the union. The Board
interpreted this refusal as a deliberate attempt to ignore the union
in order to deprive it of any credit or advantage which might have
accrued from having conducted the negotiations.
The collective agreement must. of course, be a bilateral one between
he employees' duly authorized representative and the employer.
In Matter of United States Stamping Company 92 the employer
116 Matter of The Louisville Refining Company and International Association, Oil Field, Gas
Well and Refinery Workers of America. 4 N. L. R. B. 844.
8, Matter of The Louisville Refining Company and International Association, Oil Field, Gas
Well. and Refinery Workers of America. 4 N. L. R. B. 844. An employer's statement that be
would never sign a contract with the Union, but would do so only with a committee of his
employees, was declared by the Board to amount to "a stubborn refusal to bargain collectively
with the representatives of his employees in an effort to reach an agreement."
Matter of Hopwood R etinning Company, Inc. and Monarch Retinning Company, Inc. and
Metal Polishers. Buffers. Platers and Helpers International Union, Local No. 8, and
Teamsters Union. Local No. 584. 4 N. L. R. B. 922.
ss Matter of Piqua Munising Wood Product. Company and Federal Labor Union, Local
18787. 7 N. L. R B. 782.
"Matter of United Slates Stamping Company and Enamel Workers Union, No. 18630,
5 N. L. R. B. 172.
" Cf. Matter of Federal Carton Corporation and New York Printing Pressmen's Union,
No. 51, 5 N. L. R. B. 879. The employer, in a written statement to its employees, said:
We have no objection to your duly elected representatives advising you or negotiating
for you. But after such negotiations are finished, our agreement must be with our own
employees, and not with the Union . . ." The Board found that there had been a refusal
to bargain collectively.
gi Matter of McNeely d Price Company and National Leather Workers Association, Local
No. 30, of the C. I. 0., 6 N. L. R. B. 800.
"Matter of United States Stamping Company and Enamel Workers Union, No. 18630,
5 N. L. R. B. 172.