NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 205
1. Cease and desist from : * * * (c) Refusing to bargain collectively with
Textile House Workers Union No. 2269, United Textile Workers of America, as
the exclusive representative of the employees in its shipping department ;
and 2. Take the following affirmative action which the Board finds will effectuate
the policies of the Act : (a) Upon request bargain collectively with Textile House
Workers Union No. 2269, United Textile Workers of America, as the exclusive
representative of its employees in the shipping department in respect to rates of
pay, wages, hours of employment, and other conditions of employment, * * *.
Where, after an employer's refusal to bargain and as the result of
his unfair labor practices, a munber of union members have revoked
or transferred their membership the Board has, nevertheless, ordered
the employer to bargain collectively with the union.' Its reason for
such action is stated in Matter of Bradford Dyeing Association
(U. S. A.) (a Corporation): 24
Prior to the hearing many of the members of the T. W. 0. C. joined the Federation
and by implication renounced their T. W. 0. C. affiliation. We have found
that such action was the result of the respondent's unfair labor practices. We
are ordering the respondent to inform its employees that they are free to become
or remain members of the T. W. 0. C. and are not required to become or remain
members of the Federation. In the presence of such a finding and order, to
refrain from ordering the respondent to bargain collectively with the T. W. 0 C..
would be to hold that the obligation of one subdivision of the Act may be evaded
by the successful violation of another ; that the freely expressed wishes of the
majority of the employees may be destroyed if the employer brings to bear sufficient
interference, restraint, and coercion to undermine the representatives'
majority support. We cannot permit the purposes of the Act to be thus"circumvented.
-
In several cases the Board, following its earlier decision in Matter
of St. Joseph Stock Yards 0ompany, 25 has ordered that the employer,
upon request, bargain collectively, and, if requested to do so, embody
in an agreement for a definite term, to be agreed upon, an understanding
reached as the result of such bargaimng.26
Additional affirmative action ordered by the Board to be taken in
cases in which it has found that strikes have been caused or prolonged
by refusals of employers to bargain collectively is discussed elsewhere
in this section.27
"Matter of Bradford Dyeing Association (U. S. A. (a Corporation) and Textile Workers
Organizing Committee of the C. I. 0., 4 N. L. It. B. 604; Matter of American Manufacturing
Company; Matter of -National Motor Bearing Company and international. Union, United
Automobile Workers of America, Local No. 76, 5 N. L. R. B. 409; 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. O., 5 N. L. R. B. 443; Matter of Zenite Metal Corporation and United Autornobae
Workers of America, Local No. 442, 5 N. L. R. B. 509; Matter of Taylor Trunk Company and
Luggage Workers Union, Local No. 50 of the International Ladies' Wand Bag, Pocketbook and
Novelty Workers Union, 6 N. L. It. B. 32; Matter of Arthur L. Cotten, and A. J. Colman.
Co-partners, doing business as Kiddie Kover Manufacturing Company and Amalgamated
Clothing Workers of America. 6 N. L. R. B. 3o5; Matter of Burnside Steel Foundry Company
and Amalgamated, Association of Iron, Steel and Tin Workers of North America, Lodge
No. 1719. 7 N. L. R. B. 714.
24 In Matter of Bradford Dyeing Association (U. S. A.) (a Corporation) and Textile
Workers' Organizing Committee of the C. I. 0.. 4 N. L. It. B. 604. 617.
Matter of St. Joseph Stock Yards Company and Amalgamated Meat Cutters & ButcLer
Workmen of North America, Local Union No. 159, 2 N. L. R. B. 39.
Matter of Federal Carton Corporation and New York Printing Pressmen's Union
No. 51, 5 N. L. R. B. 879; Matter of Globe Cotton Mills and Textile Workers Organizing
Committee, 6 N. L. R. B. 461; Matter of National Licorice Company and Bakery and
Confectionery Workers International Union of America, Local Union 405. Greater New
York and Vicinity. 7 N. L. R. B. 537 Matter of Pigtta Munising Wood Products Company
and Federal Labor Union Local 18767. 7 N. L. R. B. 782; Matter of Sunshine
Ifintng Company and International Union of Mine, Mill, and Smelter Workers, 7 N. L. It. B..
1252. The order in the Sunshine Mining Company case requires, in addition, that such
understanding be embodied in a "written signed" agreement.
''See p. 209. infra.