NATIONAL LABOR RELATIONS BOARD

198 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
to overcome the impression created by the circumstances which surrounded
its origin," 76 it has further required that he completely disestablish
such organization as an agency for collective bargaining."
In a typical instance, Matter of Pacific Greyhound Limes, Inc., 78 the
order required the employer to—
cease and desist from dominating or interfering with the administration of the
Drivers' Association, Pacific Greyhound Lines, or with the formation or administration
of any other labor organization of its operators, and from contributing
financial or other support to the Drivers' Association, Pacific Greyhound Lines,
or any other labor organization of its operators, except that nothing in this
paragraph shall prohibit the respondent from permitting its operators to confer
with it during working hours without loss of time or pay,
and to
withdraw all recognition from the Drivers' Association, Pacific Greyhound Lines,
as the representative of its operators for the purposes of dealing with the
respondent concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or conditions of work ; and completely disestablish the Drivers'
Association, Pacific Greyhound Lines as such representative.
ifi approving these orders the Supreme Court of the United States
stated:
In view of all the circumstances the Board could have thought that continued
recognition of the association would serve as a means of thwarting the policy
of collective bargaining by enabling the employer to induce adherence of employees
to the association, in the mistaken belief that it was truly representative
and afforded an agency for collective bargaining, and thus to prevent selforganization
* * * There was ample basis for its conclusion that withdrawal
of recognition of the Association by respondents, accompanied by suitable
publicity, was an appropriate way to give effect to the policy of the Act."
The typical Board order requiring the employer to disestablish the
dominated organization as the representative of his employees for the
purposes of dealing with him concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work does
not prevent such an organization from carrying on other activities,
such as health programs, as long as these functions are "administered
without discrimination to encourage or discourage membership in any
labor organization." 8°
The Board has required an employer to cease and desist from interfering
with the formation or administration of a labor organization,
even though no organization ever came into being, explaining that its
order requires the employer to discontinue, and refrain from, unfair
practices which might, at some future time, prove more successful.81
"Matter of M. Lowenstein d Sons. Inc. and Bookkeepers', Stenographers' and) Accountants'
Union, Local No. 16, United Office and Professional Workers of America, C. I. 0., etc.,
6 N. L. R. B. 216, 236.
77 "The orders will of course be adapted to the need of the individual case ; they may
include such matters as refraining from collective bargaining with a minority group,
recognition of the agency chosen by the majority for the purposes of collective bargaining,
posting of appropriate bulletins, refraining from bar gaining with an organization corrupted
by unfair labor practices." H. R. Rep. No. 1147, 74th Cong., 1st sees. (1935) 24.
"Matter of Pacific greyhound Lines. Inc. and Brotherhood of Locomotive Firemen and
Enginemen, 2 N. L. It. B. 431, order enforced in Nttional Labor Relations Board V. Pacific
Greyhound Lines. Inc., 203 U. S. 272.
n National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc., and Greyhound,
Management Company, 303 U. S. 261.
so Matter of Central Truck Lines, Inc. and Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers of America, 3 N. L. R. B. 317. 326; Matter of S. Blechman and 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, 24; Matter of
Utah Copper Company, a Corporation and Kennecott Copper Corporation, a Corporation,
and International Union of Mine, Mill and Smelter Workers, Local No, 392, 7 N. L. R. B.
928.
al Matter of Canvas Glove Manufacturing Works, Inc., and National Glove Makers Union.
Local No. 88, 1 N. L. R. B. 519. See also Matter of Regal Shirt Company and Amalgamated
Clothing Workers of America, 4 N. L. R. B. 567, 574.