NATIONAL LABOR RELATIONS BOARD

204 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
inatory discharges 17 and the effect upon reinstatement orders of violent
or unlawful conduct on the part of employees who have been
discriminatorily discharged 18 are discussed elsewhere in this section.
3. ORDERS IN OASES IN WHICH THE BOARD HAS FOUND THAT THE EMPLOYER HAS
ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (4)
OF THE ACT
In Matter of Aluminum Products Company et al. 19 the Board found
that two employees had been discharged because they had filed charges
under the act. It ordered the respondent to cease and desist from
"discharging, refusing to reinstate, or otherwise discriminating
against an employee because he has filed charges under the National
Labor Relations Act." The discharges were found to constitute unfair
labor practices within the meaning of section 8 (3),'also, and the
Board issued an order requiring reinstatement with back pay, similar
to orders in cases involving that section alone.
4. ORDERS IN CASES IN WHICH THE BOARD HAS FOUND THAT THE EMPLOYER HAS
ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (5)
OF THE ACT
In cases in which it has found a refusal to bargain collectively the
Board has ordered the respondent to cease and desist from its refusal
and has, consistently, required the respondent to bargain, upon reque§t,
2° with the representatives 21 designated by the majority of the
employees in an appropriate unit. A typical case is Matter of Atlas
Mills, Inc., 22 in which the Board ordered the respondent to :
1-7 See p. 209, infra.
18 p. 211, infra.
,0 Matter of Aluminunt Products Company, Metal Rolling and Stamping Company,
Lemont Stamping Corporation, Banner Stamping Company, and Stainless Steel Products
Company and Aluminum, Workers Union No. 19054 and Aluminum Workers Union No. 19078,
7 N. L. R. B. 1219.
20 In Matter of American Radiator Company, a corporation and Local Lodge No. mo,
Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with
the Committee for Industrial Organization, 7 N. L. R. B. 1127, the employer offered as
a reason for refusing to bargain that inasmuch as the plant was closed, there was nothing
to bargain about. Rejecting this excuse, the Board said :
"This reason is also without merit since we have found that the respondent discriminatorily
laid off its employees. Since their work ceased as a consequence of an unfair labor
practice, they were and still are employees for the purposes of the Act. Furthermore, despite
the position taken with the Union Committee, the respondent considered that the
plant was closed only temporarily and would reopen as soon as business conditions warranted,
and so stated at the hearing. On June 23, 1937, the respondent sent letters to
Its employees stating, 'If you have a Group Life Insurance Policy, our company has made
arrangements so that it can be continued through the present lay-off, provided the monthly
premium is paid by you on or before the 25th of each month.' The men employed at the
Litchfield plant can reasonably expect to return to work when the plant reopens after
such a temporary lay-off. Since these individuals have retained their status as employees
of the respondent, they had and still have a right to bargain with the respondent concerning
the reopening of the plant, the terms and conditions thereof, and other related matters."
Cf. Matter of N. Kiantie and International Fur Workers Union of the United States
and Canada, 4 N. L. R. B. 808; Matter of Kueltne Manufacturing Company and Local No.
1791, United Brotherhood of Carpenters and Joiners of America, 7 N. L. R. B. 304.
21 In Matter of Omaha Hat Corporation and United Hatters, Cap and Millinery Worker,
International Union, Local Nos. 7 it 8, 4 N. L. R. B. 878, the Board ordered that, should
the respondent resume operations in a locality outside the territorial jurisdiction of the
local union representing its employees, it bargain collectively with agents of the international
union with which the local union was affiliated ; and in Matter of Hopwood Retinning
Company, Inc. and Monarch Retinning Company, Inc. and Metal Polishers, Buffets,
Platers and Helpers International Union Local No. 8, and Teamsters Union, Local No. 584,
4 N. L. It. B. 922, order enforced, as modified as to other issues, in National Labor Relations
Board V. Hopwood Retinninci Co., Inc., 98 F. (2d) 97 (C. C. A. 2d, 1938), the Board
required the respondents to barga in collectively with unions representing employees in two
bargaining units "or with the respective affiliated organizations of the said unions to which
the employees within the respective units may have transferred their membership."
Matter of Atlas Mills. Inc., and. Textile .Flouse Workers Union No. 2269, United Textile
Workers of America, 3 N. L. R. B. 10.