NATIONAL LABOR RELATIONS BOARD

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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).
200 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD discriminatory lay-Off sr' furloughs, 91 and lock-outs ,2 been proscribed." Except where the unfair labor practices have already been remedied,94 the Board has consistently ordered the reinstatement, with compensation for loss Of pay, of employees discriminatorily discharged, refused reinstatement, laid off, furloughed, demoted, or locked out. Employers are usually required to offer such employees "immediate and full reinstatement to their former positions without prejudice to seniority rights or other rights or privileges previously enjoyed by them." 95 Persons hired to take the places of employees who have been discriminatorily discharged or refused reinstatement must be dismissed if their dismissal is necessary to effectuate such reinstatement." 00 Matter of Waterman Steamship Corporation and National Maritime Union of America, Engine Division, Mobile Branch, Mobile, Alabama, 7 N. L. R. B. 237. nn Matter of The Kelly-Springfield Tire Company and United Rubber Workers of America, Local No. 26 and James M. Reed and Minnie Rank, 6 N. L. R. B. 325. 92 Matter of Hopwood Retinning Company, Inc. and Monarch Retinning Company, Inc. and Metal Polishers, Buffers, Platers and Helpers International Union Local No. 8, and Teamsters Union, Local No. 584, 4 N. L. R. 13. 922, order enforced, as modified as to other issues, in National Labor Relations Board V. Hopwood Retinning Co.. Inc., 98 F. (2d) 97 (C. C. A. 2d. 19 38) ; Matt er of The Triplett Electrical Instrument Company, The Diller Manufacturing Company, doing business under the firm name and style of Readrite Meter TVorks and United Electrical and Radio Workers of America, Local No. 714. 5 N. L. R. B. 835; Matter of Kuehne Manufacturing Company and Local No. 1791, United Brotherhood of Carpenters and Joiners of America, 7 N. L. R. B. 304. 23 For Board orders in cases in which it has found that an employer has discriminated by requiring as a condition of employment the execution of individual antiunion contracts of employment or membership in a labor organization, see p. 212, infra. 94 Matter of Federal Carton Corporation and New York Printing Pressmen's Union No. 51, 5 N. L. R. B. 879. 96 Orders couched in this or similar language have been issued in cases too numerous to cite. In a few instances, however, the Board has required that reinstatement be made either to former positions or to positions substantially equivalent to those formerly held. This type of reinstatement has been ordered where reinstatement to positions formerly held is not feasible, as where an employer has curtailed production at one plant, simultaneously increasing production at another (Matter of Kuehne Manufacturing Company and Local No. 1791, United Brotherhood of Carpenters and Joiners of America, 7 N. L. R. 13. 304) ; where, at the time of decision, it is uncertain at what place the employer will resume operations (Matter of Knehne Manufacturing Company, supra, Matter of Hopwood Retinning Company, Inc. and Monarch Retinning Company, Inc. and Metal Polisffers, Buffers, Platers and Helpers International Union, Local No. 8, and Teamsters Union, Local No. 584, 4 N. L. R. B. 922, order enforced, as modified as to other issues, in National Labor Relations Board V. Hopwood Ret inning Co., Inc., 98 F. (2d) 97 (C. C. A. 2d, 1938) ; or where the record leaves doubt as to the continued existence of the position from which the employee was illegally discharged (Matter of The IVarfield Company, a Corporation formerly known as The Thomson d Taylor Company and International Union of Operating Engineers, Local No. 399, and International Brotherhood of Firemen and Oilers, Local No. 7, 6 N. L. It. B. 58). Similar orders were issued in Matter of Waggoner Refining Company, Inc., and W. T. Waggoner Estate and International Association of Oil Field, Gas Well and Refinery Workers of America, 6 N. L. R. B. 731; Matter of Smith Wood Products. Inc, and Plywood and Veneer Workers Local No. 2691, International Woodworkers of America, 7 N. L. R. B. 950 : Matter of American Radiator Company, a Corporation and Local Lodge No. 1770, Amalgamated Association of Iron. Steel and Tin TVorke rs of North America, affiliated with the Committee for Industrial Organization, 7 N. L. R. B. 1127; Matter of Sunshine Mining Company and International U n ion of Mine. Mill and Smelters Workers, 7 N. L. R. B. 1252; and Hatter of Jacob A. Hunkele, trading as Tel- State Towel Service of the Independent Towel Supply Company and Local No. 40 United Laundry Workers Union, 7 N. L. R. B. 1276. In Matter of Montgomery Ward and Company, Incorporated, a Corporation and United Mail Order and Retail Workers of America, 4 N. L. R. B. 1151, the Board ordered that an employee who had been irregularly employed and who was discriminatorily denied employment be placed upon a preferential list for temporary employment in work of the nature he had previously done for the respondent and be offered such employment when it was available. Matter of Frederick R. Barrett and International Longshoremen's Association, Local No. 978, 3 N. L. R. B. 518; Matter of Highway Trailer Company and United Automobile Workers of America, Local No. 135 and Local No. 186, 3 N. L. R. B. 591, order enforced upon consent in National Labor Relations Board V. Highway Trailer Co., 95 F. (2d) 1012 (C. C. A. 7th. 1938) ; Matter of Leo L. Lowy, individually, doing business as Tapered Roller Bearing Corporation and International Association of Machinists, District No. 15, 3 N. L. R. B. 939; Matter of National Motor Bearing Company and International Union, United Automobile Workers of America, Local No. 76, 5 N. L. R. B. 409; Matter of Kuehne Manfacturing Company and Local No. 1791, United Brotherhood of Carpenters and Joiners of America, 7 N. L. R. B. 304; Matter of Smith Wood Products, i710. and Plywood and Veneer Workers Local No. 2691, International Woodworkers of America, 7 N. I It. B., 950; Matter or American Radiator Company, a Corporation and Local Lodge No. 1770, Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the Committee for Industrial Organization, 7 N. L. R. B. 1127; Matter of Sunshine
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' 77,7.,Tri=1EST THIRD ANNUAL REPOR
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NATIONAL LABOR RELATIONS BOARD DONA
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CONTENTS • Page I. Introduction 1
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THIRD ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTION 3 1937, 34 percent;
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I. INTRODUCTION 5 Inasmuch as the d
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I. INTRODUCTION 7 to the particular
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II. THE NATIONAL LABOR RELATIONS BO
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Region 1, Old South Building, Bosto
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II. THE NATIONAL LABOR RELATIONS BO
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THE BOARD Appointed by President to
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III. PROCEDURE OF THE BOARD 17 in t
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yirolui OF THE BOARD 19 If the part
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IV. WORK OF THE BOARD 21 After thdl
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IV. WORK OF THE BOARD 23 Tables II
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IV. WORK OF THE BOARD 25 TABLE V
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V. COMPLAINT CASES A.. STATISTICAL
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TABLE VII.—Analysis of charges pe
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V. COMPLAINT CASES 31 TABLE VIII.-D
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V. COMPLAINT CASES 33 Decisions iss
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V. COMPLAINT OASES 35 TABLE XII.-Di
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V. COMPLAINT CASES 37 TABLE XIV.-Di
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VI. REPRESENTATION CASES A. STATIST
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VI. REPRESENTATION OASES 41 Represe
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VI. REPRESENTATION CASES 43 Decisio
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VI. REPRESENTATION CASES 45 TABLE X
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VI. REPRESENTATION CASES 47 TABLE X
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TABLE XXI.-Number of elections cond
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VII. PRINCIPLES ESTABLISHED In the
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VII. PRINCIPLES ESTABLISHED 53 him
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VII. PRINCIPLES ESTABLISHED 55 and
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VII. PRINCIPLES ESTABLISHED 57 pany
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VII. PRINCIPLES ESTABLISHED 59 6. I
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Vii. PRINCIPLES ESTABLISHED 61 alle
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VII. PRINCIPLES ESTABLISFIED 63 The
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VII. PRINCIPLES ESTABLISHED 65 ers
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VII. PRINCIPLES ESTABLISHED 67 oppo
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VII. PRINCIPLES ESTABLISHED 69 unio
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VH. PRINCIPLES ESTABLISHED 71 tion
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VII. PRINCIPLES ESTABLISHED 73 agai
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VII. PRINCIPLES ESTABLISHED 75 Upon
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WI. PRINCIPLES ESTABLISHED 77 convi
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VII. PRINCIPLES ESTABLISHED 79 Stea
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VII. PRINCIPLES ESTABLISHED 81 4. P
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VII. PRINCIPLES ESTABLISHED 83 "I h
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VII. PRINCIPLES ESTABLISHED 85 acte
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VII. PRINCIPLES ESTABLISHED 87 In a
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VII. PRINCIPLES ESTABLISHED 89 The
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VII. PRINCIPLES ESTABLISHED 91 with
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VII. PRINCIPLES ESTABLISHED 93 When
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\tn. ritniccipLEs ESTABLISH 95 sole
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VII. PILIXCIPLES ESTABLISH_ED 99 Th
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VII. PRINCIPLES ESTABLISHED 101 It
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VII. PRINCIPLES ESTABLISHED - 103 s
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VII. PRINCIPLES ESTABLISHED 105 the
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VII. PRINCIPLES ESTABLISHED 107 In
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VII. PRINCIPLES ESTABLISHED 109 fis
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VII. PRINCIPLES ESTABLISHED 111 ent
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VII. PRINCIPLES ESTABLISHED 113 tio
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VII. PRINCIPLES ESTABLISHED 115 law
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VII. PRINCIPLtS tSTA13LISIIED 119 t
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VII. PRINCIPLES ESTABLISHED 121 pro
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VII. PRINCIPLES ESTABLISHED 123 mov
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VT!. PRINCIPLES ESTA13LISHED 125 to
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VII. PRINCIPLES ESTABLISHED 127 1.
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VII. PRINCIPLES ESTABLISHED 129 Pac
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WI. PRINCIPLES ESTABLISRED 131 A qu
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VII. PRINCIPLES ESTABLIS14ED 133 me
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VII. PRINCIPLES ESTABLISHED 135 Ame
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VII. PRINCIPLES ESTABLISHED 137 Whe
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VII. PRINCIPLES ESTABLISHED 139 its
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VII PRINCIPLES ESTABLISHED 141 they
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- VII. PRINCIPLES ESTABLISHED 143 T
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VII. PRINCIPLES ESTABLIS FTED 145 t
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VII. PRINCIPLES ESTABLISHED 147 tio
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Page 224 and 225: VIII. JURISDICTION 217 gress declar
Page 226 and 227: VIII. JURISDICTION 219 fiscal year.
Page 228 and 229: IX. LITIGATION During the third yea
Page 230 and 231: IX. LITIGATION 223 FIRST CIRCUIT Na
Page 232 and 233: IX. LITIGATION 225 company, within
Page 234 and 235: IX. LITIGATION 227 economic pressur
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Page 238 and 239: IX. LITIGATION 231 order of the Boa
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Page 242 and 243: IX. LITIGATION 235 denied for the r
Page 244 and 245: IX. LITIGATION 237 E. CUMULATIVE SU
Page 246 and 247: IX. LITIGATION 239 National Labor R
Page 248 and 249: IX. LITIGATION 241 National Labor R
Page 250 and 251: X. TRIAL EXAMINERS' DIVISION The Tr
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XI. DIVISION OF ECONOMIC RESEARCH 2
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xn. PUBLICATIONS DIVISION 255 The f
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• XIII. LIST OF CASES FrEARD AND
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XIII. LIST OF CASES HEARD AND DECIS
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XM. LIST OF CASES HEARD AND DECISIO
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XILL LIST OF CASES HEARD AND DECISI
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XIII. LIST OF CASES 1:1RARD AND DEC
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XIV. FISCAL STATEMENT The expenditu
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APPENDIX A TABLE I.—Comparison, o
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APPENDIX A 287 TABLE H.-Comparison
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APPENDIX B LIST OF RECENT REFERENCE
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APPENDIX B 291 Collective bargainin
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