NATIONAL LABOR RELATIONS BOARD

N./
52 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
own choosing, and to engage in concerted activities, for the purpose of collective
bargaining or other mutual aid or protection.
Sectiori 8 (1) of the act makes it an unfair labor practice for an
employer to—
interfere with, restrain, or coerce employees in the exercise of the rights
guaranteed in section 7.
The Board consistently has held that a violation by an employer
of any of the four subdivisions of section 8 other than subdivision
(1) is also a violation of subdivision (1). Thus, a discriminatory
discharge because of union membership or activity is held not only
a violation of section 8 (3), but also of section 8 (1), for the employer's
action interferes with, restrains, and coerces both the wrongfully
discharged worker and other employees in the exercise of rights
secured by the act. Similarly, domination or interference with the
formation or administration of, or contributing support to, a labor
organization, a refusal to bargain collectively with the employees'
chosen representatives, or discrimination against an employee for
filing charges or testifying under the act, not only violates subdivisions
(2), (5), and (4), respectively, but subdivision (1) as wel1.3
On the other hand, subdivision (1) may be, and frequently is,
infringed by activities which do not fall within the specific categories
covered by the other four subdivisions of section 8, although few of
the Board's decisions concern violations of subdivision (1) alone. In
this section the discussion will primarily concern unfair labor practices
not specifically covered by subdivisions (2), (3), (4), and (5)
of section 8.
1. ESPIONAGE
In a number of cases the Board has held that the employment
and use of professional spies by an employer to keep him informed
of the union activities of his employees, constitutes a violation of
section 8 (1). As pointed out in previous reports, in Matter of
Fruehauf Trailer Company an operative hired by the company
from a nationally known agency joined the union, became its secretary,
and furnished the company with the names of the most active
members, who were then discharged. The Board held that the company's
action was a violation of the rights guaranteed employees by
the act, and the Board's order was upheld in its entirety by the
Supreme Court. 5 Activities of these spies cover a wide range. Thus
in one case, the secret operatives were given the picture of an employee,
who was subsequently discharged, and instructed to follow
The Second Circuit Court of Appeals has expressed the view that a refusal to bargain
collectively does not constitute interference, restraint, or coercion within the meaning of
section 8 (1). National Labor Relations Board T. Remington Rand, Inc., 94 F. (2d)862
(C. C. A. 2d, 1938), certiorari denied, 304 U. S. 576. But in other cases the Circuit Courts
have sustained Board decisions finding that violations of section 8 (5) are also violations
of section 8 (3). See National Labor Relations Board v. Carlisle Lumber Company, 94 F.
(2d) 138 (C. C. A. 9th, 1937), certiorari denied, 304 U. S. 575; Jeffery-DeWitt Insulator
Co. v. National Labor Relations Board, 91 F. (2d) 134 (C. C. A. 4th, 1937), certiorari
denied, 302 U. S. 731; Agtoilines, DUI V. National Labor Relations Board, 87 F. (2d) 146
(C. C. A. 5th, 1937).
*Matter of Fruehauf Trailer Company and United Automobile Workers Federal Labor
Union No. 1975,
1 N. L. R. B. 68, order enforced in National Labor Relations Board y.
Freuhauf Trailer Co., 301 U. S. 49, enforcement denied in 85 F. (2d) 391 (C. C. A. 6th,
1936). See also Matter of Remington Rand, Inc. and Remington Rand Joint Protective
Board, 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, 304 U. S. 576; Matter of
Fansteel Metallurgical Corporation and Amalgamated Association of Iron, Steel and Tin
Workers of North America, 5 N. L. R. R. 930, enforcement denied in 98 F. (2d) 375
(C. C. A. 7th, 1938), certiorari granted November 19. 1938.
5 Nationat Labor Relations Board v. Fruehauf Trailer Company, 301 U. S. 49,