NATIONAL LABOR RELATIONS BOARD

118 THM.13 ANNUAL IttPORT OF NATIONAL LA13611 ittLATIONS 130A1
In Matter of Highway Trailer Company," the Board noted among
other things that under the, shop union's constitution and bylaws,
any employee was eligible for membership upon recommendation of
his foreman; that membership ceased upon termination of employment;
and that only the members at work on the day of the election
could vote for officers. Other constitutions which have been examined
by the Board contain sections providing that in making.
adjustments the employee representatives are to be confined to the
voting group or operating unit affected without placing any such'
limitation upon the management representatives; 71 that voting shall
be by open ballot; 72 and that the constitution and bylaws may be
amended only with the approval of the management. 73 It was stated
in one constitution that it had been "approved by the management." 74
4. ILLUSTRATIVE CASES
The various forms of. interference with the self-organization of
employees noted above occur in numerous different combinations to
constitute an unfair labor practice within the meaning of section
8 (2). The cases discussed below illustrate the more usual types of
activity engaged in by an employer which the Board has found in the
aggregate to constitute such an unfair labor practice.
In Matter of Staelepole Carbon Company," the respondent's official
questioned the leaders of Local 502 of the United Electrical and
Radio Workers on December 30, 1936, the day following the organization
of the Local, and accused them of joining with "outside agitators."
Stackpole, the respondent's president, threatened to move
one of the departments if an "outside" union was formed, but stated
that he would be glad to have an "inside" union formed and that he
would bargain with it. On December 31, when the leaders of Local
No. 502 met with Stackpole he said, "If you boys won't set up a company
union, I will—in fact, I have already started to set it up."
This was no idle boast for 2 days earlier one of the respondent's supervisors
and a "senior press man" had started to revive the N. R. A.
Union, a labor organization which the respondent had openly dominated
and interfered with during August 1933. They consulted with
the respondent's vice president, assistant factory manager, and superintendent,
and later arranged a conference between the representatives
of the old N. R. A. Union and the respondent's vice president.
On the same afternoon, December 31, a meeting was called
in the factory during working hours which employees were directed
by their supervisors to attend., At the meeting N. R. A. union representatives
"resigned," membership application cards for the associa-
', Matter of Highway Trailer Company and United Automobile Workers of America,
Local No. 135 and Local No. 136, 3 N. L. R. B. 591.
"Matter of Maryland Distillery, Inc., et al., and Distillery Workers Union 20270, et al.,
3 N. L. R. B. 176.
72 matter of C. Blechman d SOILS, Ina, and United Wholesale Employees of New York,
Local No. 65, Tecctile Workers Organizing Committee—Committee for Industruil Organization,
4 N. L. It. B. 15.
73 Matter of Wilson C Co., Inc., and Independent Union of all Workers or its successor
United Packing House Workers, 7 N. L. R. B. 9S6.
74 Ibid. Matter of Phelps Dodge Corporation, United Verde Branch, and International
Association of Machinists, Local No. 223; International Brotherhood of Boilermakers, Iron
Chip Builders and Helpers, Local No. 406; International Brotherhood of Electrical Workers,
Local No. B657; and International Brotherhood of Carpenters and Joiners, Local No. 1061,
6 N. L. R. B. 624.
7. Matter of Stackpole Carbon Company and United Electrical and Radio Workers or
America, Local No. 502, 6 N. L. R. B. 171.