NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 111 ent,24 foreman, 25 or personnel director, 25 in the same manner. When lesser personages in the industrial hierarchy are involved, the Board has attempted to determine whether they are employed in a supervisory capacity. If such is the case, the employer is charged with responsibility for their activities." The determination of whether an employee has supervisory powers requires a close analysis of his duties. In Matter of T. W. Hepler, 28 the employer denied that his floorboys were supervisory employees and that he was responsible for their activities. He relied heavily on the fact that the floorboys had no authority to hire or discharge. The board answered this contention in the following language: = * * the record indicates that the fioorboys distribute work to the girls, that they are .in charge of production, that they are placed in control of the plant whenever Hepler is not personally present, and that they are considered by the girls as supervisors. As we have held in analogous situations [citing Matter of American Manufacturing Company, et al., 5 N. L. R. B. 443], the extent of the supervisory authority in fact exercised by the floorboys, coupled with the fact they were recognized by the employees as supervisors, clearly supports the conclusion that such employees must be classed as supervisors. In another case the Board, finding that certain assistant department heads were supervisory employees, said : The respondent contends that these employees cannot be considered as supervisory employees, and that their activities were entirely independent of the respondent. In particular, the respondent points out that the sole power to hire and discharge rests with its personnel manager. There can be little doubt, however, that one executive cannot pass on the merits of more than 800 employees without the advice of persons in intermediate positions, who are in close contact with those under them. The employees named above have the responsibility for discipline in their respective departments. They assign the work that is to be done and report disturbances in office efficiency to the executives.2 24 Matter of The Griswold Manufacturing Company and Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge No. 11.97. 6 N. L. R. B. 298. Matter of New Idea. Inc. and The A. F. of L.; Matter of New Idea, Incorporated, and American Federation of Labor. 5 N. L. R. B. 381. •- fatter of Yates-American Machine Company and Amalgamated Aesociation of Iron, Steel and Tin Workers of North America. Lodge 1787. 7 N. L. R. B. 627. 2 Matter of M. Lowenstein & Sons. Inc.. and Bookkeepers'. Stenographer., and Accountants' Union. Local No. 16. United Office and Professionol Workers of America. C. 1. 0.; M. Lowenstein & Sons, Inc.. and Textile WorkerR' Organizing Committee Local No. isk, C. I. 0.; M. Lowenstein & Sons, Inc.. and United Wholesale Employees of N. Y., 6 N. L. R. B. 216. the Board. in discussing the respondent's contention that it was not responsible for the acts of its supervisory employees, stated : "It may well be that none of the respondent's executives ever gave instructions to any of its employees to form or to encourage an organization in opposition to the Bookkeepers', Stenographers', and Accountants' 'Union of Textile Workers Organizing Committee. Nevertheless it is normal for an employee to assume that those who are in positions of authority represent to a large extent the wishes of the employer. The respondent was informed from the start of the activity of the Employees' Group, that it was being actively supported by several employees who had positions of authority, and that its supporters were creating the impression, true or false, that the Employees' Group was the organization which the respondent favored. Yet no effort was made to correct that impression, even though the executives were specifically requested to do so on more than one occasion. The respondent could probably have avoided the impression created by the acts of Levy, Scheideberg, Lessner, and Morrell. as well as the other highly paid employees woo professed to know the respondent's attitude toward the unions, by a simple declaration to its employees of its true position. It chose not to do so. The respondent's contention that a statement on its part that it was neutral would have been to the advantage of the Bookkeepers', Stenographers' and Accountants' 'Onion cannot be sustained: the only advantage that would have accrued to the Bookkeepers'. Stenographers'. and Accountants' Union would have been the elimination of an advantage enjoyed by the Employees' Group which it had no right to enjoy. - See al .o Ballston-Stalwater Knitting Co., Inc., and Textile Workers Organizing Committee. 6 N. L. R. B. 470. enforcement denied sub flora. Rallston-Stillwater Knitting Company, Inc., v. National Labor Relations Board, 98 F. (2d), 758 (C. C. A. 2nd. 1918). 2, Matter of T. W. Hepler and International Ladies' Garment Workers Union, 7 N. L. R. B., 255. 22 Matter of M. Lowenstein 6 Sons, Inc., and Bookkeepers'. Stenographers'. and Accountants' Union Local No. 16, United Office and Professional Workers of America, C. I. 0.;
112 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD The Board has considered the same question in numerous other cases." It is apparent that the determination of whether an employee has supervisory powers and whether his activities will be imputed to his employer must depend upon the circumstances in each case. The Board has also held the employer responsible for the actions of persons or organizations not in his employ when the employer's conduct has set in motion or encouraged and assisted their activities with the intention of bringing into being a labor organization subservient to his wishes." Thus, an employer has been held to have dominated and interfered with the formation of a labor organization within the meaning of section 8 (2) when he has operated through public officials, both local and State, the militia, vigilante groups, organizations of businessmen, or prominent citizens.82 3. ELEMENTS OF EMPLO ikat DOMINATION AND INTERFERENCE The activities of an employer which produce, or have the necessary effect of producing, the result proscribed as an unfair labor practice, are multifarious. The cases do not single out any one activity or circumstance as determinative of the existence of an unfair labor practice under this section. In each of the cases, a series of acts have been revealed which in their totality constitute domination of or interference with a labor organization. Although conduct occurring prior to the passage of the act on July 5, 1935, cannot constitute unfair labor practices, the Board has considered such conduct in determining the significance of an employer's relation to the operation of a labor organization subsequent to that date. 88 Specific activities which the Board has considered in finding domination, interference, or the contribution of support to an organization are described in the following paragraphs. Commonly, labor organizations which the Board has found to be within the ban of Section 8 (2) are employer-controlled from their inception. Thus, it may be the employer who has suggested to his employees the desirability of establishing an employee organization and has suggested or dictated the form which the particular organization is to assume." The extent and character of employer participa- M. Lowenstein Sons, Inc., and Textile Workers' Organizing Committee Local Yo. 65, 0. I. 0. • AL Lowensteind Sons, .Tno., and United Wholesale Employees of N. Y.. 6 N. L. R. B., 216. ' " For example, see Matter of Montgomery Ward and Company, Incorporated, a corporation, and United Mail Order and Retail Workers of America. 4 N. L. R. B. 1151; Matter of American Manufacturing Company. etc. and Textile Workers' Organizing Committee, C. I. 0., 5 N. L. R. B. 443; and Matter of Central Truck Lines, Inc.. and Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, 3 N. L. R. B. 317. 31 3/atter of Ansin Shoe Manufacturing Company and Shoe Workers' Protective Union. Local No. RO, 1 N. L. R. B. 929; order enforced cub nomNational Labor Relations Board V. Ansin Shoe Manufacturing Co., consent decree entered on April 13. 1938, 93 F. (2d) 367 (C. C. A. 1. 1938). See pages 122-124, infra. And see matter of Remington, Rand, Inc.. and Remington Rand Joint Protective Board of the District Council Office Equipment Workers. 2 N. L. R. B. 626; order entered sub nom National Labor Relations Board v. Remington Rand, Inc., 94 F. (2d) 862 (C. C. A. 2, 1938) ; certiorari denied, 304 U. S. 576; rehearing denied 304 TT. S. 500. " Matter of American Potash Chemical Corporation and Borax 4 Potash Workers' Union No. 20181. 3 N. L. R. B. 140, order enforced sill) nom National Labor Relations Board V. American Potash and Chemical Corp..; 98 P. (2(11 . 488 (C. C. A. 9th, 1938). Mat- ,ter of R. E. Pletcher Co. and Granite Cutters,' International Association of America. 5 N. L. R. 13. 729;• Matter of Industrial Rayon Corporation. a Delaware Corporation, et al.. and Textile Workers . Organizing Committee. 7 N. L. R. B. 877. See also National Labor Relations Board v. Pennsylvania Greyhound Lines. Inc., and Greyhound Management Comnann. 302 TT. S. 261 (1938). 84 Matter of Yates-American Machine Company and Amalgamated Association of iron, Steel 4 Tin Workers of North America, Lodge 1787. 7 N. L. R. B. 627. See also Matter of Marylatut Distillery. Inc., Calvert -Distilling Company, Inc., Calvert Maryland Distilling Company. Inc., now known as 'Calvert Distillers Corporation, Calvert Maryland Corporation, Inc., and Distillery Workers Union r0270 and H. S. MutUneatio, B. Poster, C. W.
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' 77,7.,Tri=1EST THIRD ANNUAL REPOR
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NATIONAL LABOR RELATIONS BOARD DONA
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CONTENTS • Page I. Introduction 1
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THIRD ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTION 3 1937, 34 percent;
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I. INTRODUCTION 5 Inasmuch as the d
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I. INTRODUCTION 7 to the particular
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II. THE NATIONAL LABOR RELATIONS BO
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Region 1, Old South Building, Bosto
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II. THE NATIONAL LABOR RELATIONS BO
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THE BOARD Appointed by President to
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III. PROCEDURE OF THE BOARD 17 in t
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yirolui OF THE BOARD 19 If the part
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IV. WORK OF THE BOARD 21 After thdl
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IV. WORK OF THE BOARD 23 Tables II
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IV. WORK OF THE BOARD 25 TABLE V
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V. COMPLAINT CASES A.. STATISTICAL
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TABLE VII.—Analysis of charges pe
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V. COMPLAINT CASES 31 TABLE VIII.-D
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V. COMPLAINT CASES 33 Decisions iss
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V. COMPLAINT OASES 35 TABLE XII.-Di
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V. COMPLAINT CASES 37 TABLE XIV.-Di
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VI. REPRESENTATION CASES A. STATIST
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VI. REPRESENTATION OASES 41 Represe
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VI. REPRESENTATION CASES 43 Decisio
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VI. REPRESENTATION CASES 45 TABLE X
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VI. REPRESENTATION CASES 47 TABLE X
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TABLE XXI.-Number of elections cond
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VII. PRINCIPLES ESTABLISHED In the
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VII. PRINCIPLES ESTABLISHED 53 him
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VII. PRINCIPLES ESTABLISHED 55 and
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VII. PRINCIPLES ESTABLISHED 57 pany
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VII. PRINCIPLES ESTABLTSHED 175 int
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VII. PRINCIPLES ESTABLISHED 179 emp
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VII. PRINCIPLES ESTABLISHED 189 are
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VII. PRINCIPLES ESTABLISHED 191 of
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VII. PRINCIPLES ESTABLISHED 207 ing
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VII. PRINCIPLES ESTABLISHED 211 pay
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VII. PRINCIPLES ESTABLISHED 215 Sec
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VIII. JURISDICTION 217 gress declar
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VIII. JURISDICTION 219 fiscal year.
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IX. LITIGATION During the third yea
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IX. LITIGATION 223 FIRST CIRCUIT Na
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IX. LITIGATION 225 company, within
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IX. LITIGATION 227 economic pressur
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IX. LITIGATION 229 notable is that
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IX. LITIGATION 231 order of the Boa
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IX. LITIGATION 233 in National Labo
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IX. LITIGATION 235 denied for the r
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IX. LITIGATION 237 E. CUMULATIVE SU
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IX. LITIGATION 239 National Labor R
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IX. LITIGATION 241 National Labor R
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X. TRIAL EXAMINERS' DIVISION The Tr
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XI. DIVISION OF ECONOMIC RESEARCH D
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XI. DIVISION OF ECONOMIC RESEARCH 2
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xn. PUBLICATIONS DIVISION 255 The f
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• XIII. LIST OF CASES FrEARD AND
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XIII. LIST OF CASES HEARD AND DECIS
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XM. LIST OF CASES HEARD AND DECISIO
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XILL LIST OF CASES HEARD AND DECISI
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XIII. LIST OF CASES 1:1RARD AND DEC
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XIV. FISCAL STATEMENT The expenditu
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APPENDIX A TABLE I.—Comparison, o
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APPENDIX A 287 TABLE H.-Comparison
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APPENDIX B LIST OF RECENT REFERENCE
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APPENDIX B 291 Collective bargainin
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NATIONAL LABOR RELATIONS BOARD

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