NATIONAL LABOR RELATIONS BOARD

128 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
in Matter of The Raleigh Hotel Company; 94 or denies that a labor
organization represents a majority of the employees in an appropriate
unit, as in Matter of Hamrick Mills 95 and Matter of National
Weaving Company; 96 or insists that a certification be obtained from
the Board, as in Matter of Pennsylvania Greyhound Lines et al. (Central
Greyhound Lines) ,°' Matter of Eagle-Phenix Mills," and
Matter of Pier Machine Works, Inc."
In Matter of Proximity Print Works,' the question concerning representation
took the form of a demand by the employer for proof of
the union's claim of a majority and of a refusal by the union to reveal
the names of its members for fear of possible reprisals. 2 The
Board has in several instances found that the question exists because
the employer has demanded a form of proof which the union is not
required to submit. Such a question was found in Matter of Lane
Cotton Mills Company,s where the company's president insisted that
proof of a majority "be made by permitting him to inspect each and
every membership card and in the presence of the Textile Workers
Organizing Committee, to talk individually with each employee
who was a member of the Textile Workers Organizing Committee,"
and in Matter of H. E. Fletcher Co., 4 where the employer indicated
that it would not proceed with negotiations without a divulgence of
complete details with respect to union members among its employees.5
The question concerning representation may also arise because of
the impossibility of proving a majority due to duplications in the
membership lists of rival labor organizations, as in Matter of Hunter
w. Matter of The Raleigh Hotel Company and Hotel and Restaurant Employees Alliance,
Local No. 80, 7 N. L. R. B. 353. In its Second Annual Report (p. 106) the Board
stated : "An admission by an employer that he does not know whether a particular labor
organization represents a majority of his employees, is proof that such a question exists.
Matter of New York and Cuba Mail Steamship Company and United Licensed Officers of
the United States of America, 2 N. L. R. B. 595, and 'Matter of Richards-Wilcox Manufacturing
Company and Federal Labor Union No. 18589, 2 N. L. R. B. 97."
" Matter of Hamrick Mills and Textile Workers Organizing Committee, 7 N. L. R. B.
459.
*6 Matter of National Weaving Company and Textile Workers Organizing Committee, 7
N. L. It. B. 916.
77 Matter of Pennsylvania Greyhound Lines et al. (Central Greyhound Lines) and The
Brotherhood of Railroad Trainmen, 3 N. L. R. B. 622, 651.
D, Matter of Eagle-Phenix Mills and Textile Workers Organizing Committee, 4 N. L. It. B.
966.
■ Matter of Pier Machine Works, Inc. and Industrial Union of Marine and Ship Building
Workers of America, Local No. 13, 7 N. L. R. B. 401.
1 Matter of Proximity Print Works and Textile Workers Organizing Committee, 7
N. L. R. B. 803.
2 The Board does not require a union to submit its membership lists. In Matter of
Samson Tire and Rubber Corporation and United Rubber Workers of America, Local No. 44,
2 N. L. R. B. 148, the Board said : ". . . the Union refused to submit its membership
rolls for examination. This the Union was at liberty to do, since it is the established
policy of the Board not to compel the Union to produce the membership rolls for examination
lest its members be exposed to possible discrimination by the employer."
See also Matter of Bradley Manufacturing Company and Textile Workers Organizing
Committee, 4 N. L. R. B. 1117, in which the Board concluded that a question concerning
representation had arisen after finding that the union claimed a majority but would not
submit its membership application cards to the company for comparison with the coin-
, pany's pay roll. The union's request that the company agree to a consent election was
met with the response that the matter was one for decision by the Board.
3 Afatter of Lane Cotton Mills Company and Textile Workers Organizing Committee,
3 N. L. R. B. 369.
'Matter of H. E. Fletcher Co., and Granite Cutters' International Association of
America, 5 N. L. It. B. 729.
The question concerning the proof of a majority has also taken the form of an
Insistence by the employer that it would not recognize the union unless a majority
of those eligible to vote in a consent election which had been agreed upon cast ballots for
the union. The union insisted on its right to bargain if a majority of those voting
chose it as their bargaining agent. Matter of Paragon Rubber Co.-American Character
Doll Company and Toy cf Novelty Workers Organizing Committee of the 0. I. 0., 0
N. L. R. B. 23.