NATIONAL LABOR RELATIONS BOARD

206 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
5. ORDERS IN CASES IN WHICH THE BOARD HAS POUND THAT AN EMPLOYER HAS
ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (1)
OF THE ACT
Unfair labor practices within the meaning of any of the four other
subdivisions of section 8 are also unfair labor practices within the
meaning of section 8 (1) .28 Cease and desist orders under this subdivision
are usually general in nature and couched in the language of
sections 7 and 8 (1) of the act, as follows :
Cease and desist from in any manner interfering with, restraining, or coercing
its employees *. * * in the exercise of their rights to self-organization,
to form, join, or assist labor organizations, to bargain collectively through representatives
of their own choosing, and to engage in concerted activities for
the purpose of collective bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the Act.'
When, however, acts of the employer are found to constitute unfair
labor practices independent of any practice particularized in the
other subdivisions of section 8, the Board frequently issues an additional
order requiring the employer specifically to cease and desist
from such acts. In Matter of Clover Fork Coal Company, 3° for example,
the Board ordered the employer to cease and desist from the
following practices which constituted interference with and restraint
and coercion of its employees :
(a) Maintaining surveillance of or employing any manner of espionage
for the purpose of ascertaining and investigating the activities of United Mine
Workers of America and of the activities of its employees in connection with
such organization or any other labor organization ; (b) indicating to its employees
the respondent's attitude and desires with respect to the relationship of
its employees to any particular labor organization, or indicating to its employees
the respondent's judgment of union organizers or particular labor
organizations; (c) threatening to close its mine if its employees join with any
labor organization ; (d) expressing to its employees its approval of anti-union
sentiment or activities ; and (e) in any other manner interfering with, restraining,
or coercing its employees in the exercise of the right to self-organization,
to form, join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the National Labor Relations Act.'
The employer, in the same case, was a member of the Harlan
County Coal Operators Association, an organization found by the
Board to have been engaged in labor practices declared unfair by
the act. From the evidence the Board concluded that the illegal
acts of the Association were in effect those of the respondent. It
accordingly ordered the employer to "cease and desist from contribut-
28 Section 8 (1) is treated last, inasmuch as it is the most inclusive subdivision and
"the four succeeding unfair labor practices are designed not to impose limitations or
restrictions upon the general guarantees of the first, but rather to spell out with particularity
some of the practices that have been most prevalent and most troublesome." (Sen.
Rep. No. 573, 74th Cong., 1st Sess. (1935) 9). In a few cases where the Board has found
a violation of 8 (1) solely by virtue of a finding , of a refusal to bargain collectively
under 8 (5), it has deemed it unnecessary to issue the more general cease and desist
order. See, for example, Matter of St. Joseph Stockyards Company, and Amalgamated Meat
Cutters and Butcher Workmen of North America, Local No. 159, 2 N. L. R. B. 39.
See, for example, Matter of Proximity Print Works and Textile Workers Organizing
Committee, 7 N. L. R. B. 803.
30 Matter or Clover Fork Coal Company and District 19, United Mine Workers of
America, 4 N. L. R. B. 202, order enforced in Clover Fork Company V. National Labor
Relations Board, 94 F. (2d) 331 (C. C. A. 6th, 1938).
31 For other cases containing specific orders, see Matter of Consolidated Edison Company
of New York, Inc., at al. and United Electrical and Radio Workers of America, affiliated
with the Committee for Industrial Organization, 4 N. L. R. B. 71. order enforced in
Consoliddted Edison Co. v. National Labor Relations Board, 95 F. (2d) 390 (C. C. A. 2d.
1938), certiorari granted, 58 S. Ct. 1038, U. S. Sup. Ct., decided Dec. 5, 1938. Matter of
Botany Worsted Mills and Textile Workers Organizing Committee, 4 N. L. R. B. 292.