NATIONAL LABOR RELATIONS BOARD

56 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
foremen and officials, a vote among the employees on the same
subject. In reviewing the Board's order, the Circuit Court of Appeals
said:
* * * it is plain, we think, that after an exclusive bargaining unit has
taken a strike vote, it is an active interference with the exercise of its right to
"bargain collectively" for the employer to undercut its authority by a vote of his
own. The only possible reason for doing this is to show that the union's vote
does not truly represent the men's wishes ; it is to go over the heads of the
representatives to their constituents ; to discredit them as representatives, to
destroy their power to bargain as such.25
However, employer-conducted elections are not confined to strike
votes. In Matter of Eagle Manufacturing Campany, 26 after a variety
of attempts to dissuade employees from joining the union, the
company took a vote upon the question "company union, Committee
for Industrial Organization union, or no union." The ballots were
given out by the paymaster and collected by foremen. In Matter of
McNeely & Price Compainy, 27 the general manager spoke against
an outside union at a meeting of employees, suggested an "inside"
union, and proposed that a vote be taken on the question. A secret
ballot revealed the employees strongly in favor of an outside union.
The company then brought about a second poll, its action this time
supplemented by inducements to employees to vote in favor of an
inside union. The opinion of the Board stated :
After the employees had indicated their distinct preference for an "outside"
union in the first plant election despite the respondent's interference, the respondent
eliminated completely the employee's free choice in the selection of
representatives by arranging for a second company-supervised election. To
Insure the desired result, which was obtained in the second election, the
respondent promised and subsequently awarded vacations with pay in return
for the general repudiation of an "outside" union.
We find that by the above acts the respondent, through its officers and agents,
interfered with, restrained, and coerced its employees in the exercise of the
rights guaranteed in section 7 of the act.
Campaigns and other action by employers to secure pledges of
"loyalty" from employees generally have the same purpose of undermining
union organization and activity that employer-supervised
elections have. The Board has found such conduct a violation of the
section. In Matter of Kiddie Kover Manufacturing Company,28 a
petition reciting that the signatories did "not want the union," because
the company "will give us a square deal" was circulated among
the employees with the active assistance of a supervisory official. In
Matter of American Manufacturing Comparty, 29 the petition, circulated
at the company's suggestion, called for an expression of satisfaction
"with present conditions," and a renunciation of any desire
for "outside representation." 3° In Matter of Sanshine Mining Com-
Order enforced in National Labor Relations Board v. Remington Rand. Inc.
'
94 F. (2c1)
862 (C. C. A. 2d, 1938) ; certiorari denied, 304 U. S. 576, rehearing denied, 304 U. S. 590.
28 Matter of Eagle Manufacturing Company and Steel Workers Organizing Committee,
6 N. L. R. B. 492, order enforced in National Labor Relations Board v. Eagle Manufacturing
Company, 4 dr., decided November 10, 1938.
21 Matter of McNeely d Price Company and National Leather Workers Association,
6 N. L. R. B 800.
28 Matter of Arthur L. Colten, and A. J. Colman, co-partners, doing business as Kiddie
%over Manufacturing Company, and Amalgamated Clothing Workers of America, 6 N. L.
R. B. 355.
29 Matter of American Manufacturing Company and Textile Workers' Organizing Committee,
5 N. L. R. B. 443.
See also Matter of Knoxville Glove Company and Textile Workers Organizing Committee,
5 N. L. R. B. 559, where the company's attorney prepared forms for withdrawal
from the union, and the forms were distributed in the plant by supervisors.