NATIONAL LABOR RELATIONS BOARD

104 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
claimed that it had bargained with shop committees and made some
adjustments in wages or working conditions. The Board, however,
pointed out that this was not collective bargaining :
These agreements, however, were not reduced to writing, nor made for any
definite period of time. When the respondent acceded to the requests, it issued
a bulletin which it placed on its bulletin board, stating that the enumerated
changes would be put into effect. Such a procedure by the respondent is clearly
consistent with the respondent's policy of dealing with a committee composed
of its employees, but refusing to deal with a labor organization, especially with
one affiliated with the American Federation of Labor, whether the chosen
representatives of its employees or not. A procedure such as this does not
fulfill the requirements of collective bargaining imposed by the Act.
In Matter of The Griswold Manufacturing Company 92a the employees
had gone out on strike because of the employer's unfair labor
practices. The Union which had called the strike was compelled,
because of the sentiment engendered by the employer's agents against
continuation of the strike and the presence of a company-dominated
organization, to enter into an agreement with that organization
whereby the two unions together negotiated with the employer. A
joint committee representing both unions entered into a "Memorandum
of Understanding" with the employer. The Board held that
this "Memorandum of Understanding" was not the result of genuine
collective bargaining, as contemplated by the act."
And the Board has ordered employers who were recalcitrant with
regard to entering into an agreement with the employees' representative
when an understanding had been attained, to bargain collectively,
and if an understanding was reached as a result of the bargaining, to
"embody said understanding in an agreement for a definite term, to be
agreed upon, if requested to do so by said Union." °4
5. THE FULFILLMENT OF THE DUTY TO BARGAIN
The employer is not required to continue to bargain collectively
with the representatives of its employees when negotiations already
held make plain that to do so would be futile. 95 In Matter of Trenton
Garment Company;" the Board examined the course of negotiations
and, finding that the employer had made a bona fide effort to reach
an agreement and that the possibilities of achieving an understanding
through the bargaining process had been exhausted, held •
that
ga. Matter of The Griswold Manufacturing Company and Amalgamated Association Of
Iron, Steel and Tin Workers of North America, Lodge No. 1197. 6 N. L. R. B. 298.
9. Cf. Matter Of Farman Package Corporation and United Veneer Box and Barrel Workers
Union. C. /. 0., 6 N. L. R. B. 601.
w Matter of Federal Carton Corporation and New York Printing Pressmen's Union No.
51, 5 N. L. R. B. 879; Matter of Globe Cotton Mills and Textile Workers Organizing Committee,
6 N. L. R. B. 461; Matter of National Licorice Company and Bakery and Confectionery
Workers International Union of America, Local Union 405, Greater New York and
Vicinity, 7 N. L. It. B. 5i7: Matter of Piqua Munising Wood Products Company and
Federal Labor Union Local 18787. 7 N. L. B. B. 782; Matter of Sunshine Mining Com -
Pony and International Union of Mine. Mill and. Smelter Workers. 7 N. L. R. B. 1252.
In the latter case. the Board ordered the employer to enter into a "written signed agreement
if an understanding were reached."
" Matter of Seas Shipping Company, Inc., and National Marine Engineers' Beneficial
Association. 4 N. L. R. B. 757; Matter of Trenton Garment Company and International
Ladies" Garment Workers Union. Local 978, 4 N. L. R. B. 1186; Matter of John Minder
and Son, Inc., and Butchers Union, Local No. 174. 6 N. L. R. B. 764; and Matter of Aluminum
Products Company Metal Rolling and Stamping Company. Lemont Stamping Corporation,
Banner Stamping Company, and Stainless Steel Products Company and Aluminum
Workers Union No. 19064 and Aluminum Workers Union No. 19078. 7 N. L. R. B. 1219.
I" Matter of Trenton Garment Company and International Ladies' Garment Workers
Union, Local 278, 4 N. L. R. B. 1186.