NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 199
Where the employer-dominated labor organization has become dormant,
the Board has required the employer to cease and desist from
dominating it or interfering with its administration, and to refrain
from recognizing it as a representative of any of his employees for the
purposes of collective bargaining, but has withheld its order of disestablishment."
When there was doubt whether the organization
had, in fact, been dissolved, or had merely suspended its activities for
the time being, the Board has ordered the employer not to accord it
any recognition as a collective bargaining agency, "if it should ever
return to active existence under its present form and name, or any
other." 83
In Matter of The Heller Brothers Company of Newcomberstown,84
the Board, in addition to issuing its usual cease and desist order,
required the employer to reimburse his employees for amounts deducted
from their wages as dues for an employer-dominated organization
under a check-off arrangement."
Orders of the Board in cases in which the employer granted an
agreement to an employer-dominated labor organization,86 or in which
the Board has found that a strike was caused by the employer's domination
of a labor organization 87 are discussed elsewhere in this section.
2. ORDERS IN CASES IN WHICH THE BOARD HAS POUND THAT THE EMPLOYER
HAS ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8
(3) OF THE ACT.
In cases in which the Board has found that an employer has encouraged
or discouraged membership in a labor organization by discrimination
in regard to hire or tenure of employment or any term
or condition of employment, it has ordered the. employer to cease and
desist from the discriminatory practices and to take specific affirmative
action remedial of their effect. A typical cease and desist order under
this section is that in Matter of American Potash & Chemical Cop
-poration,
88 where the Board required the employer to cease and desist:
From discouraging membership in Borax and Potash Workers' Union No.
20181, or any other labor oganization of its employees, by discharging, refusing
to reinstate, or otherwise discriminating against its employees in regard to hire
or tenure of employment or any term or condition of employment.
The specific practice which it is intended to prevent is sometimes
stated in the order. Thus, in addition to discharges and refusals to
reinstate, discrimination in the assignment of working places," and
82 Matter of American Manufacturing Company, Inc. and International Association of
Machinists, Local Union No. 791, 7 N. L. R. B. 375; Matter of American Manufacturing
Company; Company Union of The American Manufacturing Company; The Collective Bargaining
Committee of the Brooklyn plant of the American Manufacturing Company and
Textile Workers' Organizing Committee. C. I. 0.. 5 N. L. R. B. 443.
ba Matter of Yates-American Machine Company and Amalgamated Association of Iron,
Steel and Tin Workers of North America, Lodge 1789, 7 N. L. R. B. 627.
84 Matter of The Heller Brothers Company of Nerocomberstown and International Brotherhood
of Blacksmiths. Drop Forgers, and Helpers, 7 N. L. R. B. 646.
52 The Board said, "Thus the same pressures by the respondent [employer] which compelled
its employees to abandon their free choice of representatives enforced their acquiescence
in the check-off. Under these circumstances we will restore the status quo by
ordering the respondent to reimburse its employees for amounts deducted from wages as
dues for the Independent [employer-dominated organization]."
Se See p. 212, infra.
See p. 209, infra.
88 Matter of American Potash cE Chemical Corporation and Borax d Potash Workers'
Union No. 90181, 3 N. L. R. B. 140, order enforced in National Labor Relations Board v.
American Potash and Chemical Corp., 98 F.(2d) 488 (C. C. A. 9th. 1938).
SS Matter of Clover Fork Coal Company and District 19, United Mine Workers of America,
4 N. L. R. B. 202, order enforced in Clover Fork Coal Co. v. National Labor Relations
Board, 97 F. (2d) 331 (C. C. A. 6th, 1938).