NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLISHED 207<br />
ing to, cooperating with, or assisting, through membership therein<br />
or otherwise, the Harlan County Coal Operators Association or any<br />
other organization engaging in, interfering with, restraining, or<br />
coercing its employees in the exercise of the right to self-organization,<br />
to form, join, or assist labor organizations, to bargain collectively<br />
through representatives of their own choosing, and to engage in<br />
concerted activities for the purposes of collective bargaining or other<br />
mutual aid or protection, as guaranteed in Section 7 of the National<br />
Labor Relations Act."<br />
Orders under section 8 (1) frequently require employers to cease<br />
and desist from the use of espionage 32 or of violence 33 as a means<br />
of interfering with the rights of his employees to self-organization.<br />
In Matter of Ford Motor Company, 34 the employer had hired thugs<br />
to terrorize and beat union members, and utilized the services of<br />
guards in its service department to stamp out union activity. The<br />
Board ordered the employer to cease and desist from :<br />
Threatening, assaulting, beating, or in any other manner interfering with,<br />
restraining, or intimidating, directly or indirectly, members of International<br />
Union, United Automobile Workers of America or any other labor organization<br />
of its employees distributing or otherwise disseminating union literature<br />
in the vicinity of its River Rouge plant ;<br />
Organizing, maintaining, supporting or assisting vigilante or similar groups,<br />
or employing or using such groups, the members of its Service Department, or<br />
any other persons, directly or indirectly, for the purpose of intimidating or<br />
coercing its employees from joining International Union, United Automobile<br />
Workers of America or any other labor organization of its employees.<br />
In Matter of General Shoe Corporation, 35 the Board found that union<br />
employees had been evicted from the plant by a "bouncing squad"<br />
composed of members of an employer-dominated organization. During<br />
the hearing, the employer offered to reinstate the evicted employees,<br />
but there was no guaranteee of full protection while at their<br />
employment. The Board ordered the respondent to "provide full<br />
reinstatement and adequate protection from violence or molestation<br />
by other employees during the working hours." 36<br />
Affirmative orders under section 8 (1) are not as common as cease<br />
and desist orders. They occur in cases in which affirmative action is<br />
deemed essential to remedy the situation brought about by the unfair<br />
labor practices. 37 In Matter of Engineering Company and Metro-<br />
Matter of United States Stamping company and Enamel Workers Union, No. 18630, 5<br />
N. L. R. B. 172 (employer hired agents of the National Corporation service, Inc., to<br />
report on union activities, and was ordered to cease and desist from "* • • engaging<br />
the services of any agency or individuals for the purpose of, or in any other manner interfering<br />
with, restraining, or coercing its employees * • •") ; Matter of Metropolitan Engineering<br />
Company and Metropolitan Device Corporation and United Electrical and Radio<br />
Workers of America, Local No. 1203, 4 N. L. R. B. 542 (employer sent an office employee<br />
to spy upon a union meeting, and was ordered to cease and desist from "spying, maintaining<br />
surveillance, or employing any other manner of espionage over the meetings or meeting<br />
places and activities of the [union] • • • or any other labor organization • • •")<br />
33 Matter of Ford Motor Company and International Union, United Automobile Workers<br />
of America, 4 N. L. R. B. 621.<br />
Matter of Ford Motor Company and International Union, United Automobile Workers<br />
of America, 4 N. L. R. B. 621.<br />
a, Matter of General Shoe Corporation and Georgia Federation of Labor, 5 N. L. R. B.<br />
1005 Ṫhe employer was further ordered to "instruct all of its employees that physical assault<br />
and other acts of intimidation and coercion of its employees shall not be permitted in the<br />
plant during working hours."<br />
37 See, for example. Matter of General Shoe Corporation and Georgia Federation of Labor,<br />
5 N. L. R. B. 1005. In certain cases the Board has issued orders under this subdivision<br />
which it would normally issue under another subdivision of section 8. See Second<br />
Annual Report, pages 145-7, and also Matter of Indianapolis Glove Company and Amalgamated<br />
Clothing Workers of New York, Local No. 145, 5 N. L. R. B. 231.