07.02.2015 Views

NATIONAL LABOR RELATIONS BOARD

NATIONAL LABOR RELATIONS BOARD

NATIONAL LABOR RELATIONS BOARD

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

206 THIRD ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />

5. ORDERS IN CASES IN WHICH THE <strong>BOARD</strong> HAS POUND THAT AN EMPLOYER HAS<br />

ENGAGED IN UNFAIR <strong>LABOR</strong> PRACTICES WITHIN THE MEANING OF SECTION 8 (1)<br />

OF THE ACT<br />

Unfair labor practices within the meaning of any of the four other<br />

subdivisions of section 8 are also unfair labor practices within the<br />

meaning of section 8 (1) .28 Cease and desist orders under this subdivision<br />

are usually general in nature and couched in the language of<br />

sections 7 and 8 (1) of the act, as follows :<br />

Cease and desist from in any manner interfering with, restraining, or coercing<br />

its employees *. * * in the exercise of their rights to self-organization,<br />

to form, join, or assist labor organizations, to bargain collectively through representatives<br />

of their own choosing, and to engage in concerted activities for<br />

the purpose of collective bargaining or other mutual aid or protection, as guaranteed<br />

in Section 7 of the Act.'<br />

When, however, acts of the employer are found to constitute unfair<br />

labor practices independent of any practice particularized in the<br />

other subdivisions of section 8, the Board frequently issues an additional<br />

order requiring the employer specifically to cease and desist<br />

from such acts. In Matter of Clover Fork Coal Company, 3° for example,<br />

the Board ordered the employer to cease and desist from the<br />

following practices which constituted interference with and restraint<br />

and coercion of its employees :<br />

(a) Maintaining surveillance of or employing any manner of espionage<br />

for the purpose of ascertaining and investigating the activities of United Mine<br />

Workers of America and of the activities of its employees in connection with<br />

such organization or any other labor organization ; (b) indicating to its employees<br />

the respondent's attitude and desires with respect to the relationship of<br />

its employees to any particular labor organization, or indicating to its employees<br />

the respondent's judgment of union organizers or particular labor<br />

organizations; (c) threatening to close its mine if its employees join with any<br />

labor organization ; (d) expressing to its employees its approval of anti-union<br />

sentiment or activities ; and (e) in any other manner interfering with, restraining,<br />

or coercing its employees in the exercise of the right to self-organization,<br />

to form, join, or assist labor organizations, to bargain collectively through<br />

representatives of their own choosing, and to engage in concerted activities<br />

for the purpose of collective bargaining or other mutual aid or protection, as<br />

guaranteed in Section 7 of the National Labor Relations Act.'<br />

The employer, in the same case, was a member of the Harlan<br />

County Coal Operators Association, an organization found by the<br />

Board to have been engaged in labor practices declared unfair by<br />

the act. From the evidence the Board concluded that the illegal<br />

acts of the Association were in effect those of the respondent. It<br />

accordingly ordered the employer to "cease and desist from contribut-<br />

28 Section 8 (1) is treated last, inasmuch as it is the most inclusive subdivision and<br />

"the four succeeding unfair labor practices are designed not to impose limitations or<br />

restrictions upon the general guarantees of the first, but rather to spell out with particularity<br />

some of the practices that have been most prevalent and most troublesome." (Sen.<br />

Rep. No. 573, 74th Cong., 1st Sess. (1935) 9). In a few cases where the Board has found<br />

a violation of 8 (1) solely by virtue of a finding , of a refusal to bargain collectively<br />

under 8 (5), it has deemed it unnecessary to issue the more general cease and desist<br />

order. See, for example, Matter of St. Joseph Stockyards Company, and Amalgamated Meat<br />

Cutters and Butcher Workmen of North America, Local No. 159, 2 N. L. R. B. 39.<br />

See, for example, Matter of Proximity Print Works and Textile Workers Organizing<br />

Committee, 7 N. L. R. B. 803.<br />

30 Matter or Clover Fork Coal Company and District 19, United Mine Workers of<br />

America, 4 N. L. R. B. 202, order enforced in Clover Fork Company V. National Labor<br />

Relations Board, 94 F. (2d) 331 (C. C. A. 6th, 1938).<br />

31 For other cases containing specific orders, see Matter of Consolidated Edison Company<br />

of New York, Inc., at al. and United Electrical and Radio Workers of America, affiliated<br />

with the Committee for Industrial Organization, 4 N. L. R. B. 71. order enforced in<br />

Consoliddted Edison Co. v. National Labor Relations Board, 95 F. (2d) 390 (C. C. A. 2d.<br />

1938), certiorari granted, 58 S. Ct. 1038, U. S. Sup. Ct., decided Dec. 5, 1938. Matter of<br />

Botany Worsted Mills and Textile Workers Organizing Committee, 4 N. L. R. B. 292.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!