NATIONAL LABOR RELATIONS BOARD

214 THIRD ANNUAL REPORT OP NATIONAL LABOR RELATIONS BOARD
10. REQUIREMENTS THAT EMPLOYERS PUBLICIZE TERMS OF ROAM) ORDERS -AMONG
EMPLOYEES
In cases in which the Board has found that an employer has engaged
in unfair labor practices it has ordered him to post notices in conspiauous
places in his plant or place of business." All such notices are
required to contain a statement that the employer will cease and desist
from the unfair labor practices found; some are required to include
additional statements the publicizing of which among the employees
is deemed necessary to effectuate the policies of the act. Thus, the
Board has required that notices state that the employer will take certain
affirmative action indicated in the order; 77 that the employees are
free to join or assist a particular union which has been discriminated
against, or any other labor organization of their own choosing; 78 that
an employer-dominated labor organization is disestablished as a representative
of the employees for the purposes of collective bargaining; 79
that the employer will not discharge or in any manner discriminate
against members or those desiring to become members of a union ; 80
and that he "has instructed its [his] foremen and other supervisory
officials to remain neutral as between organizations and that any violations
of this instruction should be reported to it [him] "81 Usually
the employer is required to keep the notices posted for at least 30 consecutive
days.
In some cases the nature of the unfair labor practices has required
that notice be given to employees individually. Thus, where individual
contracts were exacted from employees in violation of their
rights under the act, the employer was ordered to inform each employee
that the contract was void and would not be enforced.82
thereafter, immediate and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority and other rights and privileges, in the manner
set forth in the section entitled "Remedy," above, placing those employees for whom
employment is not immediately available upon a preferential list in the manner set forth
In said section").
" It was intended that sec. 10 (c) of the act would include the power to require the
"posting of appropriate bulletins" (H. R. Rep. No. 1147, 74th Cong., 1st Sess. (1935) 21)
and it had been held that "suitable publicity" is an appropriate remedy for effectuating
the policies of the act. A rationaL Labor Relations Board v. Pennsylvania Greyhound Lines.
Inc., and Greyhound Management Company, 303 U. S. 261;. National Labor Relations
Board v. J. Freezer and Son, 95 F. (2d) 840 (C. C. A. 4th, 1938). Cf. National Labor Relations
Board v. The A. S. Abell Company, 97 F .(2d) 951 (C. C. A. 4th. 1938), and MoorsiUe
Mills v. National Labor Relations Board, 97 F. (2d) 959 (C. C. A. 4th, 1938, 1
where the court ordered the form of notice modified so as to require the posting of a copy
of the order of the Board, together with a statement that the order had been approved by
the Circuit Court of Appeals and was binding upon the employer.
77 See, for example, Matter of Consolidated Edison Company of New York, Inc., at al.
and United Electrical and Radio Workers of America, Local No. 509, affiliated with the
Committee for Irulustrial Organization, 4 N. L. R. B. 71, order enforced, 95 F. (2d) 390
(C. C. A. 2d, 1938). cert. granted, 58 S. Ct. 1038; Matter of The Kelly-Springfield Tire
Company and United Rubber Workers of America, Local No. 26, and James M. Reed and
Minnie Rank (notice required to state that the employer will take all the affirmative action
specified in the order) (consent decree) 4 Cir., off 'g (1938) 6 N. L. R. B. 325.
78 Matter of Proximity Print Works and Textile Workers Organizing Committee, 7
N. L. R. B. 803.
Matter of Montgomery Ward and Company, Incorporated,- a corporation and United .
Mail Order and Retail Workers of America, 4 N. L. R. B., 1151.
Matter of Jones & Laughlin Steel Corporation and Amalgamated Association of Iron,
Steel & Tin Workers of North America, Beaver Valley Lodge No. 200, 1 N. L. R. B., No.
503. order enforced in National Labor Relations Board v. Jones & Laughlin Steel Corp.,
02 F. (2d) 182 (C. C. A. 5th, 1936), 301 U. S. 1.
"Matter of Highway Trailer Company and United Automobile 1Vorkers of America,
Local No. 135 and Local No. 136, 3 N. L. R. B. 591, order enforced upon consent in National
Labor Relations Board T. Highway Trailer Co., 95 F. (26) 1012 (C. C. A. 7th, 1938).
See also Matter of Metropolitan Engineering Company and Metropolitan, Device Corporation
and United Electrical and Radio Workers of America, Local 1203, 4 N. L. R. B 542;
Matter of Botany Worsted Mills and Textile Workers Organizing Committee, 4. N. L. H. B. 292.
82 Matter of David E. Kennedy, Inc. and Isidore Greenberg, 6 N. L. R. B. 699; 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 584, 4 N. L. R. B. 922, order enforced, as modified as to other issues in
National Labor Relations Board v. 'Hopwood Retinning Co., 98 F. (2(1) 97 (C. C. A. 2nd).