NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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VII. PRINCIPLES ESTABLISHED 59<br />
6. INTIMIDATORY ANITONION STATEMENTS<br />
The use of the written or spoken word by the employer as an antiunion<br />
weapon arises with frequency and variety in the cases. Spreading<br />
of rumors, talks to individual employees and speeches to groups<br />
of them, notices of various import and use, the distribution of pamphlets<br />
and other literature have been utilized as media for preventing.,<br />
combating, or destroying unionization.<br />
In some cases, the statements are patently intimidatory or coercive.<br />
Typical is the following: "We don't want no outside union to come<br />
in and run our business for us." 37 In one case, the general superintendent<br />
announced, "the union principles are fine, but we don't want<br />
no union in our plant." 38 Often statements of like import are coupled<br />
with a threat to close or move the plant if the employees join the<br />
union. 3° In some cases, however, the intimidatory or coercive nature<br />
and effect of the statement made or used appears only when it is examined<br />
in the context of surrounding circumstances and in its relation<br />
to the entire factual background. The violation in these cases<br />
necessarily depends on these other factors. The Board has found an<br />
unfair labor practice under section 8 (1) in employer statements to<br />
employees describing union organizers as "racketeers," "parasites," or<br />
as persons interested solely in their own monetary advancement; 40<br />
statements asserting that union dues are used by organizers to buy<br />
clothes,41 get drunk, 42 or to purchase big black cigars; 43 statements<br />
depicting unions as "rotten' or "corrupt," and the employees who<br />
join them as "thugs and highwaymen," "cutthroats," and reds." 44<br />
In one case the union was termed a "dark cloud" or "stranger" which<br />
would destroy the "happy family" relationship between the company<br />
31 See, for example, Matter of Maryland Distillery, Inc., and Distillery Workers Union<br />
10270, 3 N. L. R. B. 176.<br />
33 Matter of Dunbar Glass Corporation and Committee for Industrial Organization, 6<br />
N. L. R. B. 789.<br />
3‘. Threats of this nature have appeared in a great number of cases. For some typical<br />
examples. see Matter of Remington Rand, Inc., and Remington Rand Joint Protective Board<br />
of the District Counoi/ Office Equipment Workers, 2 N. L. R. B. 626• Matter of Leo L.<br />
Lowy and International Association of Machinists, 3 N. L. R. B. 93g; Matter of Titan<br />
Metal Manufacturing Company and Federal Labor Union No. 19981, 5 N. L. R. B. 577;<br />
Matter of Stackpole Carbon Company and United Electrical and Radio Workers of America.<br />
6 N. L. R. B. 171. In Matter of Omaha Hat Corporation and United Hatters, Cap and<br />
Millinery Workers International Union, 4 N. L. R. B. 878, the'company actually signed a<br />
lease for a building in another community, and began to move its machinery, in order to<br />
avoid dealing with the union.<br />
.) See for example Matter of Jones and Laughlin Steel Corporation and Amalgamated<br />
Association of Iron. Steel it Tin Workers of North America, 1 N. L. R. B. 503. order<br />
enforced in National Labor Relations Board v. Jones it Laughlin Steel Corp., 301 IL S. 1.<br />
enforcement denied in 83 F. (2d) 998 (C. C. A. 5th, 1936) ; Matter of Oregon Worsted<br />
Company and United Textile Workers of America, 3 N. L. R. B. 36; Matter of Trenton<br />
Philadelphia Coach Company and Amalgamated Association of Street, Electrical Railway<br />
and Motor Coach Etnployees of America, 6 N. L. R. B. 112.<br />
41 Matter of Bell Oil it Gas Co. and Local Union 258 of the International Association of<br />
Oil Field, Gas Well, and Refinery Workers of America. et al., 1 N. L. R. B. 562.<br />
. 3Matter of Crucible Steel Company of America and Strip Steel and Wire Workers Union,<br />
2 N. L R. B. 298.<br />
,3 Matter of Greensboro Lumber Co. and Lumber and Sawmill Workers Local Union No.<br />
2688, 1 N. L. R. B. 629. Employers sometimes paint a lurid picture in this respect. See,<br />
for example. Matter of Gating Rope Works. Inc.. and Textile Workers Organizing Committee.<br />
4 N. L. R. B. 1100, where company officials told the employees that the company<br />
"did not want any union organizers sitting around with their feet on a desk, smoking big<br />
black cigars, and collecting dues from its employees." In the Greensboro Lumber case<br />
an employee was warned that while the organizer was sitting in his hotel smoking a<br />
cigar, he would "be down here stopping bullets."<br />
44 Matter of Jones it Laughlin Steel Corporation and Amalgamated Association of Iron.<br />
Steel it Tin Workers of North America, Beaver Valley Lodge No. 200, 1 N. L. R. B. 503;<br />
Matter of Crucible Steel Company and Strip Steel and Wire Workers Union, Local No.<br />
20084, American Federation of Labor, 2 N. L. R. B. 298; Matter of Ralph A. Freundlich,<br />
Inc.. and Max Marcus. et a/.. 2 N. L. R. B. 802. For a comprehensive characterization. see<br />
Matter of Knoxville Glove Company and Textile Workers Organizing Committee, 5 N. L. R. B.<br />
559. where the business manager of the company described the union as a bunch of<br />
"Communists and Reds and foreigners."<br />
108817-38----5