NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLISHED 121<br />
provisions to be embodied in the proposed contract. He then produced<br />
a letter to the respondent, likewise prepared by Balleisen, for<br />
signature by the employees and urged them to sign it. It was stated<br />
in the letter that the employees had elected a bargaining committee<br />
and authorized it to sign a contract containing provisions outlined<br />
"by the management." Thereafter, pursuant to the respondent's<br />
plans, the employees signed the letter of authorization and selected<br />
a collective bargaining committee. So great was the dissatisfaction<br />
of the employees with the terms of the proposed contract, however,<br />
that they left work. The respondent then selected a second bargaining<br />
committee to succeed the first committee, which had ceased to<br />
function after the employees left work.<br />
The nature of the respondent's domination of, and interference<br />
with, the two "collective bargaining committees" formed among its<br />
employees and the relation of the respondent and Balleisen to these<br />
labor organizations were described by the Board in the following<br />
language :<br />
This second "collective bargaining committee" may be looked upon as an<br />
outgrowth or continuation of the first. One is tainted with the illegality<br />
of the other. They are both part of a plan, devised by Balleisen. and the<br />
respondent, to circumvent the respondent's duty to bargain collectively with<br />
the union. We find that the respondent's instigation and sponsorship of the<br />
two "collective bargaining committees," and all its activities in connection<br />
therewith, constitute domination and interference with the formation and<br />
administration of a labor organization or plan of its employees. The respondent<br />
encouraged and, in fact, ordered these committees to confer with it, and to<br />
call meetings of all the employees, in the plant during working hours ; fu r<br />
-nished for their use its stenographer and its office; and bore all the expenses<br />
incurred for mimeographing the various forms supposedly issued by the committees,<br />
for postage, or otherwise, thereby contributing its financial support to<br />
a labor organization. The nature and purpose of the respondent's conduct is<br />
emphasized by the fact that its activity in connection with these committees<br />
followed so closely after the respondent had been approached for the purpoRP<br />
of collective bargaining by the union organizer, representing a clear majority<br />
of its employees as we find below, whom the respondent had obviously put off<br />
upon a false pretext in order to have an opportunity to undermine and dissipate<br />
the union's strength."<br />
In other cases, the employer's range of conduct leading to his<br />
interference with a labor organization has been more limited in scope.<br />
In Matter of Ingram, Manufacturing Company," the Board found<br />
that on numerous occasions the respondent's supervisory employees<br />
disparaged and discredited the genume.union, and during the same<br />
period solicited employees to join the council. On the other hand, the<br />
respondent had not interfered with the formation of the latter union<br />
and had refrained from bargaining collectively-with it because it was<br />
not satisfied that it represented a majority of its employees. The<br />
board concluded :<br />
In any event, where the Board finds interference, domination, and support<br />
of the character set forth above, the absence of employer influence at the crea-<br />
" See Matter of The Jacobs Bros. Co. Inc., and United Electrical and Radio Workers of<br />
America, Local No. 1226, 6 N. L. R. 620, also involving a Ballelsen client, where the<br />
Board described the conduct engaged In by the respondent as follows:<br />
"The actions of the respondent's agents, both officials and supervisory employees, in<br />
advising the employees to elect representatives, prepare demands, and meet with the management,<br />
initiated the organization of the plan of representation. The respondent prepared<br />
the authorization for the representatives, directed the time and method of the circulation<br />
among the employees, directed and assisted its circulation and procurement of<br />
the employees' signatures, and secured its return. The respondent summoned the representatives<br />
to meetings with its officials, described their powers and duties, ordered them<br />
to present demands, and dismissed their meetings."<br />
Matter of Ingram Manufacturing Company and Textile Workers Organizing Committee,<br />
5 N. L. R.. B. 908.