NATIONAL LABOR RELATIONS BOARD

1 10 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
meaning of the act. 15 Employer control of an organization included
within the type described in section 2 (5) does not prevent the organization
from being designated a "labor organization" as that term
is defined in the act. The designation of such employer-controlled
organization as a "labor organization" accordingly does not vest that
organization with the distinction of legitimacy as a genuine and independent
organization of employees. On the contrary, a finding that
an employer's activities constitute an unfair labor practice within the
meaning of section 8 (2) must be predicated upon a preliminary finding
that the employer's activities are directed against a "labor organization"
as defined in section 2 (5) of the act. The term is used
merely ,as a matter of statutory draftsmanship for the purpose of
bringing all employer-controlled organizations having, at least in
part, collective bargaining as a function, within the ban of section
8 (2), no matter what form they may take.16
2. RESPONSIBILITY OF EMPLOYERS FOR ACTIVITIES OF SUBORDINATES AND OTHERS
The Board has found that an employer has engaged in an unfair
labor practice within the meaning of section 8 (2) when he is responsible
for activities which produce, or are intended to produce, the
result proscribed as an unfair labor practice Employers necessarily
act through numerous individuals with varying degrees of authority.
In determining the culpability of an employer under section 8 (2) it
has been frequently necessary for the Board to decide whether particular
individuals are so related to the employer as to charge him with
responsibility for their activities.
The Board has always considered the president, 17 vice president,18
secreta67 ,1° treasurer, 2° or other officer 21 of a corporate employer to
be acting for the corporation. It has treated the activities of a general
manager, 22 plant superintendent,' departmental superintend-
15 Matter of J. Freezer cf Son, Inc., and Anialgamated Clothing Workers of America and
Daphene Rid path. Sylvia Ridpath, and Grace Ridpath, 3 N. L. R. B. 120. order enforced
sub nom. National Labor Relations Board v. J. Freezer ct Sons, 95 F. (2d) 840 (C. C. A. 4th.
1938). In Matter of the Triplett Electrical Instrument Company, The Deller Manufacturing
Company, doing business under the firm name and style of Readrite Meter Works. and
United Electrical and Radio Workers of America, Local No. 714, 5 N. L. R. B. 835, the Board
found that one of the organizations involved, the T R Club, was "purely a social club to
which all employees of the respondents, their wives, and children," belong and to which no
dues were paid, and that it was not a "labor organization" within the meaning of the act.
Thus where an organization does not exist "for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment,
or conditions of work," it is not a labor organization.
16 Matter of International Harvester Company and Local Union No. 57, International
Union, United Automobile Workers of America, 2 N. L. R. B. 310; Matter of Atlanta Woolen
Mills and Local No. 2,107, United Textile Workers of America, 1 N. L. R. B. 328. See also
Matter of Wallace Manufacturing Company, Ina and Local No. 2237, United Textile Workers
of America, 2 N. L. R. B. 1081, order enforced sub nom. National Labor Relations Board V.
Wallace Manufacturing Company, 95 F. (2d) 818 (C. C. A. 4th, 1938).
11 Matter of Stackpole Carbon Company and United Electrical and Radio Workers of
America, Local No. 502, 6 N. L. R. B. 171.
18 Matter of Industrial Rayon Corporation, a Delaware Corporation, and Textile Workers
Organizing Committee ; Matter of Industrial Rayon Corporation of Virginia, a Virginia
Corporation, and Textile 'Workers Organizing Cominittee. 7 N. L. R. B. 877.
u, Matter of The Jacobs Bros. Co., Inc., and United Electrical and Radio Workers of
America, Local No. 1226, 5 N. L. R. B. 620.
Matter of Trenton-Philadelphia Coach Company and Amalgamated .rissociation of
Street, Electric Railway. and Motor Coach Employees of America, 6 N. L. Ft. B. 112.
21 Matter of Empire Worsted Mills, Inc., and Textile Workers Organizing Committee or
the Committee for Industrial Organization, 6 N. L. R. B. 513.
22 Matter of The Heller Brothers Company of Newoonterstown and ..ntern,ational Brotherhood
of Blacksmiths. Drop Forgers, and Helpers, 7 N. L. R. B. 646.
Matter of Swift d Company and United Automobile Workers of America, Local No.
265; Matter of Swift and Company and United Packing House Workers L. I. Union No.
328, affiliate C. I. 0., 7 N. L. R. B. 287.