NATIONAL LABOR RELATIONS BOARD

212 THIRD .ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
strike on February 23. However, the local authorities, whose responsibility it
is to enforce that law, failed to take a serious view of the crime, as the penalty
imposed attests. As stated above, no injury to person or property resulted from
the strikers' conduct. We are, therefore, in agreement with the view of its
seriousness taken by the local authorities. In such a case we see no reason to
Inflict a further and much more drastic penalty for violation of the Conneqicut
statute.
It is true that the Board, in its discretion, has withheld orders for reinstatement
of strikers because of crimes committed during the course of strikes.
But in each case the crime has been a far more serious offense, amounting to a
felony rather than a misdemeanor as here, and involving such conduct as
shooting or dynamiting. In such situation, recognizing that restoration of the
working relationship would not only not produce. harmony, but might also
involve actual danger to the employer and his representatives, we have taken
the offense into account and withheld the order. There is nothing in the present
case which would justify such an exercise of discretion.
8. ORDERS REQUIRING EMPLOYERS NOT TO GIVE EFFECT TO AGREEMENTS
The Board has ordered employers to cease and desist from giving
effect to contracts made with their employees individually 64 or with
employer-dominated 66 or other labor organization, 66 when it has
64 Matter of Federal Carton Corporation and New York Printing Pressmen's Union No.
51, 5 N. L. R. B. 879 ("Cease and desist from discriminating in regard to hire or tenure
of employment or in term or condition of employment through in any manner offering,
soliciting, entering into, continuing or enforcing or attempting to enforce the individual
antiunion contracts of employment with its employees in order to discourage membership
in * * or any other labor organization") see also, Matter of Hopwood Retinning
Company, Inc., and Monarch Retinning Company, Inc. and Metal Polishers, Buffers,
Platers and Helpers, International Union Local No. 8, and Teamsters Union. Local No.
584 4 N. L. R. B. 922 ("Personally inform in writing each and every one of their employees
who has entered into the individual contract of employment, whether in the form
proposed by the Hopwood Company or by the Monarch Company, as set forth in the
findings of fact above, that such contract was entered into pursuant to an unfair labor
practice within the meaning of the National Labor Relations Act and will therefore be
discontinued as a term or condition of employment and will in no manner be enforced or
attempted to be enforced ; post notices • • • that the individual contracts of employment
which have been entered into with the employees are in violation of the National
Labor Relations Act and will no longer be offered, solicited, entered into, continued.
enforced or attempted to be enforced"), order enforced, as modified as to other issues,
in National Labor Relations Board V. Hopwood Retinning Co., Inc., 98 F. (2d) 97 (C. C.
A. 2d, 1938).
e6 Matter of Clinton Cotton Mills and Local No. 2181, United Textile Workers of America,
1 N. L. R. B. 97 (The employer and employer-dominated labor organization entered into
a contract whose sole provision was a closed shop. The Board ordered the employer to
cease and desist from "requiring as a condition of employment in its mill that the employee
or applicant for employment become a member of the Clinton Friendship Association [employer-dominated
labor organization] or sign a power of attorney or other document authorizing
the Clinton Friendship Association to represent him for the purpose of collective
bargaining or grant any other authorization to the Clinton Friendship Association")
Matter of Taylor Trunk Company and Luggage Workers Union, Local No. 50 of the International
Ladies' Hand Bag, Pocketbook and Novelty • Workers Union, 6 N. L. R. B. 32.
See also, 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
(oral agreement) ; Matter of Trenton-Philadelphia Coach Company and Amalgamated
Association of Steel, Electric Railway and Motor Coach Employees of America, 6 N. L.
R. B. 112 (contract as bargaining agent) ; Matter of H. E. Fletcher Co. and Granite Cutters'
International Association of America, 5 N. L. R. B. 729 (written agreement) '• Matter
of Titan Metal Manufacturing Company and Federal Labor Union, Na. 19981, 5 N. L. R. B.
577 (memoranda of understanding and check-off) ; Matter of Phillips Packing Company,
Incorporated, and Phillips Can Company, a corporation, and United Cannery, Agricultural,
Packing and Allied Workers of America, 5 N. L. R. B. 272 (contract as exclusive bargaining
agency including check-off provisions).
" Hatter of National Electric Products Corporation and United Electrical and Radio
Workers of America, Local No. 609, 3 N. L. R. B. 475 ("Cease and desist from encouraging
membership in the International Brotherhood of Electrical Workers, Local No. 1073—B
[favored labor organization] or any other labor organization of its employees, by discharging,
refusing to reinstate, or otherwise discriminating against its employees in
regard to hire and tenure of employment or any term Or condition of employment because
of nonmembership therein, either through the performance of the contract made on May
27, 1937, with the International Brotherhood of Electrical Workers, Local No. 1073—B, or
by any other means.) : Matter of Zenite Metal Corporation and United Automobile Workers
of America, Local No. 442, 5 N. L. R. B. 509; Matter of Jacob A. Hunkele, trading as
Tri-State Towel Service of the Independent Towel Supply Co. and. Local No. 40, United
Laundry Workers Union, 7 N. L. R. B. 1276. See also, Matter of Lenox Shoe Co., Inc., and
United Shoe Workers of America, affiliated with the Committee for Industrial Organization,
4 N. L. R. B. 372 ("Cease and desist from giving effect to its June 9, 1937, contract
with Boot and Shoe Workers' Union [favored labor organization], providing however that