NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 155
factor tending to indicate that a majority of the employees had
designated that union as their bargaining representative.62
Under certain circumstances the Board has held to be insufficient
evidence which would normally justify the finding that a majority
of the employees had selected a representative for the purposes of
collective bargaining. Thus, in Matter of American-West African
Line, Pnc.,68 the Board, in concluding that dues receipts and membership
application cards were in view of the conflicting membership
claims present in this case inadequate evidence of the designation
of a representative, stated :
Although the cessation of payment of dues by a person to a labor organization
does not necessarily signify that such a person no longer desires to be
represented by that labor organization, it is a factor to be considered."
In Matter of Fisher Body Corporation," it was argued that
some of the membership cards introduced by the labor organization
and indicating a clear majority were signed as a result of coercion.
At the hearing, the Trial Examiner ruled that any person signing a
card would be permitted to testify that he was coerced into signing,
but that testimony relative to coercion by persons not signing cards
would not be allowed. In its decision the Board held :
We are of the opinion that the ruling of the Trial Examiner was incorrect.
The testimony of persons not signing cards might be of such nature as to
show that persons who signed cards were coerced. We feel that such evidence
is proper with regard to the issue as to whether an election should be
held. After the hearing, Local 1360 filed several affidavits with the Board,
alleging that committeemen and other members of the United had procured
members by the use of violence. Under these circumstances, we will not certify
the United but we will order an election by secret ballot * * •
Proof which would normally warrant the conclusion that a labor
organization represents a majority of the employees within the appropriate
unit has been held inadequate in a number of cases in which
a rival organization has presented evidence showing a conflicting
claim concerning the representation of employees. 66 Thus, in Matter
a For an example of the negative application of this principle, see Matter of French
Maid Dress Company, Inc., and International Ladies Garment Workers Union, Local No.
166, 5 N. L. R. B. 325, in which it was testified that the signer of one of the union's
authorization cards had continued to work during the strike called by the union. The
Board held that "such testimony may indicate that this employee has impliedly repudiated
her prior authorization to the Union to represent her for the purpose of collective bargaining.
Accordingly, we shall exclude her card in this proceeding in making a determination
of the representative."
However, see Matter of Sunshine Mining Company and International Union of Mine,
Mill and Smelter Workers, 7 N. L. R. B. 1252, in which the Board ordered the employer
to bargain collectively with a labor organization notwithstanding the fact that a
number of its members had walked through its picket line, where the strike and the defections
in the union's majority status were the results of the employers' unfair labor
practices.
Matter of American-West African Line, Inc. and National Marine Engineers' Beneficial
Association, 4 N. L. R. B. 1086.
ft But see Matter of Century Mills, Inc. and South Jersey Joint Board, of the International
Ladies Garment Workers Union, 5 N. L. R. B. 807, where the Board found under
the circumstances that the fact that a number of persons signing membership cards had
not paid initiation fees or dues was not material.
However. in Matter of Eagle-Picher Mining and Smelting Company and International
Union of Mine, Mil/ and Smelter Workers, Local 429, 8 N. L. R. B., No. 124, where the
employer objected to the consideration of membership and authorization cards on the
ground that the union did not represent members delinquent in payment of dues because
the constitution of the union provided for the automatic dropping of such delinquent
members, the Board held that doubt as to the employees' designation of a bargaining
representative should be resolved by the holding of an election by secret ballot.
88 Matter of Fisher Body Corporation and United Automobile Workers of America, Local
76,7 N. L. R. B. 1083.
e8 See Matter of Pennsylvania Greyhound Lines et al. (Atlantic Greyhound Lines) and
The Brotherhood of Railroad Trainmen, 3 N. L. It. B. 622, 626; Matter of Eellerbach Paper
Company and International Longshoremen and Warehousemen's Union, Local 1-26,
4 N. L. R. B. 348; Matter of Calumet Steel Division of Borg-Warner Corporation and
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