NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 209
6. ORDERS IN CASES IN WHICH THE BOARD HAS FOUND THAT A STRIKE WAS CAUSED
OR PROLONGED BY 1HE EMPLOYER' S UNFAIR LABOR PRACTICES
In a number of early decisions the Board held that when an employer's
unfair labor practices cause 43 or prolong 44 a strike among
his employees, reinstatement of the striking employees is necessary
in order to remedy the unfair labor practices and to effectuate the
policies of the act. 45 The Board has adhered to this principle and
has consistently ordered the reinstatement of strikers who quit work
in protest against unfair labor practices, 46 or whose return to their
jobs is delayed by unfair labor practices. 47 To justify reinstatement
of strikers it is not necessary that unfair labor practices be the sole
cause of the strike or of its prolongation, 45 and the Board has ordered
reinstatement where it has found that unfair labor practices were a
contributing cause of the strike.49
4, See, for example, Matter of Brown Shoe Company, Inc., a Corporation and Boot and
Shoe Workers' Union, Local No. 655, 1 N. L. R. B. 803; Matter of Carlisle Lumber Company
and Lumber ci Sawmill 1Vorker8' Union. Local 2511, Onalaska, Washington and
Associated Employees of Onalaska, Inc., Intervener, 2 N. L. R. B., 248, order enforced in
National Labor Relations Board V. Carlisle Lumber Co., 94 F. (2d) 138 (C. C. A. 9th,
1937), certiorari denied in 304 U. S. 575.
" See, for example, Matter of Remington Rand, Inc., and Remington Rand Joint Protective
Board of the District Council Office Equipment Workers, 2 N. L. R. B. 626, order
enforced in National Labor Relations Board v. Remington Rand, Inc., 94 F. (2d) 862
(C. C. A. 2d, 1938), certiorari denied in 304 U. S. 576; rehearing denied 304 U. S. 590.
a The propriety of orders requiring the reinstatement of strikers was upheld by the
Circuit Court of Appeals for the Ninth Circuit in National Labor Relations Board v.
Bites-Coleman Lumber Company, 98 F. (2d) 18 (C. C. A. 9th. 1938), enforcin g order in
Matter of Biles-Coleman Lumber Company and Puget Sound District Council of Lumber and
Sawmill Workers, 4 N. L. R. B. 679, where it said :
'Section 10 (c) authorizes the Board to require such affirmative action, 'including
reinstatement of employees with or without back pay, as will effectuate the policies of this
Act.' The term 'employees' as defined in Section 2 (3) includes 'any individual whoz.e
work has ceased as a consequence of, or in connection with, any current labor dispute or
because of any unfair labor practice.' The reinstatement remedy was designed to vindicate
the policy of the Act and to compel observance of its purpose and spirit. There is
nothing in the Act which limits the reinstatement remedy to members of labor organizations
or even to striking employees who are primarily and directly aggrieved by an unfair
labor practice which causes a strike. An entire crew, union or non-union, may strike by
reason of an unfair labor practice involving the discharge of only one man. It could
hardly be contended that reinstatement of the entire crew in such case would not be a
reasonable measure for effectuating the policies of the Act, under Section 10 (c)."
a See, for example, Matter of Lenox Shoe Company, Inc., and United Shoe Workers of
America, affiliated with the U. 1. 0.. 4 N. L. R. B. 372, strike caused by violations of
Section 8 (1) ; Batter of Tiny Town Togs, Inc. and International Ladies Garment Workers
Union, 7 N. L. R. B. 54, strike caused by violations of section 8 (2) ; Matter of
.Louisville Refining Company and International Association, Oil Field, Gas Well and
Refinery Workers of America, 4 N. L. R. B. 844, strike caused by violations of Section
8 (3) and (5) ; Matter of U. S. Stamping Company and Enamel Workers Union, No. 1S630,
5 N. L. R. B. 172, strike caused by violations of Section 8 (5).
4, See, for example, Matter of Oregon Worsted Company and United Textile Workers of
America, Local 2435, 3 N. L. R. B. 36, order enforced in National Labor Relations Board v.
Oregon Worsted Co., 96 F. (2d) 193 (C. C. A. 9th. 1938), strike prolonged by violations of
Section 8 (1) ; Matter of N. Kiamie and international Fur Workers Union of the United
States and Canada, 4 N. L. It. B. 808, strike prolonged by violations of Section S (5)
Matter of Biles-Coleman Lumber Company and Puget Sound District Council of Lumber
and Sawmill Workers, 4 N. L. R. B. 679, order enforced in National Labor Relations Board
V. Biles-Coleman Lumber Co., 93 F. (2d) 18 (C. C. A. 9th. 1938), and Matter of Stackpole
Carbon Company and United Electrical if Radio Workers of America, Loco/ No. 502, 6 N. L.
R. B. 171, strikes caused by unfair labor practices and prolonged by further unfair labor
practices.
a In National Labor Relations Board V. Remington Rand, Inc., 94 F. (2d) 862 (C. C. A.
2d, 1938), enforcing order in Matter of Remington Rand, Inc. and Remington Rand Joint
Protective Board of the District Council Office Equipment Workers, 2 N. L. R. B. 626.
certiorari denied 58 S. Ct. 1046, the Circuit Court of 'Appeals for the Second Circuit said :
"We have assumed hitherto that the strike here in question was only for the purpose
of enforcing the union's power to negotiate for all the men. That is not true ; there had
been a wage dispute and, the men's inability to get at the truth of the Elmira business
was another cause. It is, of course, possible that the parties might have split over wages,
or over the Elmira plant, even if the respondent had negotiated with the Joint Board.
But since the refusal was at least one cause of the strike, and was a tort—a `substraction'—it
rested upon the tortfeasor to disentangle the consequences for which it was
chargeable from those from which it was immune. Since it cannot show that the negotiations,
if undertaken, would have broken down, it cannot say that the loss of the men's
jobs was due to a controversy which the Act does not affect to regulate."
49 Mat ter of Todd Shipyards Corporation, Robins Dry Dock and Repair Co., and Tietjen
and Lang Dry Dock Co. and Industrial Union of Marine and Shipbuilding Workers of
America, 5 N. L. B. B. 20; Matter of Titan Metal Manufacturing Company and Federal