NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 115
laws." In its decisions, the Board has also considered instances of
less direct participation by supervisors in the affairs of employee
organizations, such as solicitation of members by employees during
working hours on the employers' premises with the knowledge of
and in the presence of supervisors while competing organizations are
denied the same privileges."
In determining whether a labor organization is employer-controlled
within the meaning of section 8 (2), the Board has also considered
the nature and extent of the collective bargaining conducted by the
organization. Clearly, the efficacy of a labor organization in dealing
and negotiating with the employer on behalf of the employees
whom it represents and its efforts to protect and advance the interests
of those employees is some indication of that organization's freedom
from employer control. Several organizations scrutinized by the
Board did not conduct any negotiations or make any effort to bargain
with the employer concerned , and in some of these cases the
employer's opposition to unions with outside affiliations appears to
have furnished the impelling reason for the formation and continued
existence of the organization.58
Even where negotiations occur, the conduct and character of the
negotiations may be such as to reveal the employer's domination of
the organization. Such negotiations were analyzed at some length in
Matter of Industrial Rayon Corporation," where it was found that
the respondent had dominated and interfered with the formation and
administration of the association. The Board stated:
In addition to the above, the respondent's own records of its meetings with
the association and Local 2096 clearly reveal the subserviency of the association.
In fact, it may fairly be said that a customary procedure consisted of (1) the
association group requesting a wage increase and citing as one of the principal
arguments the fact that the increase was necessary to forestall outside unionization
and keep association membership intact; (2) officials of the respondent
stating reasons against the increase, although in at least one instance heartily
commending the association for its "loyalty," and giving out confidential information
on the activities of the rival union; and (3) the meeting winding
up with a pledge by the association representatives to sell to the employees the
management's viewpoint, this pledge sometimes being supplemented b y a discussion
of ways and means by which the association could most effectively
put across the management arguments and undermine the efforts of the "outside
organizers." 6°
In Matter of The Jacobs Bros. Co.. inc•,61 the respondent was found
to have summoned the representatives of its employees to meet with
Device Corporation and United Electrical and Radio Workers of America, Local No. 1203,
4 N. L. R. B. 542 (leaflets) ; Matter of Bradford Dyeing Association (U. S. A.) (a corporation)
and Textile Workers" Organizing Committee or the C. I. 0., 4 N. L. R. B. 604 (membership
cards).
"Matter of New Idea, Inc., and The A. F. of L.; New Idea, Incorporated, and American
Federation of Labor, 5 N. L. R. B. 381.
'Matter of Todd Shipyards Corporation and Industrial Union of Marine and Shipbuilding
Workers of America, 5 N. L. R. B. 20; Matter of Beloit Iron Works and Pattern
Makers League of North America; Matter of Beloit Iron Works and International Assooiation
of Machinists, 7 N. L. R. B. 216; Matter of Yates-American Machine Company
and Amalgamated Association of Iron, Steel d Tin Workers of North America, Lodge 1787,
7 N. L. R. B. 627.
Gs Matter of Bemis Brothers Bag Company and Local No. 1838, United Textile Workers
of America, 3 N. L. R. B. 267; Matter or S. Blechman d Sons, Inc., and United Wholesale
Employees of New York, Local 65. Textile Workers Organizing Committee—Committee for
industrial Organization, 4 N. L. R. B. 15; Matter of American Manufacturing Company
et al. and Textile Workers' Organizing Committee, C. I. 0., 5 N. L. R. B. 443.
,0 Matter of Industrial Rayon Corporation, a De/aware Corporation, et a/. and Textile
Workers Organizing Committee. 7 N. L. R. B. 877.
63 See also Matter of Regal Shirt Company and Amalgamated Clothing Workers of
America, 4 N. L. R. B. 567.
61 Matter of The Jacobs Bros. Co. and United Electrical and Radio Workers of America.
Local No. 1526, 5 N. L. R. B. 620. See also Matter of Oatina Rope Works, Inc., and
Temtile Workers Organizing Committee 0. I. O., 4 N. L. IL B. 11(0.