NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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60 THIRD ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />
and its employees." Statements disparaging the effectiveness of the<br />
act in protecting employees and in according them rights have been<br />
held a violation. Thus an assertion that "the Wagner Labor Relations<br />
Act was just a bluff ;" 4° or purported explanations of the act<br />
through negative treatment which stress such matters as the retention<br />
by the employer of his right to hire and discharge, at the same<br />
time carefully omitting mention of the employee rights which the act<br />
guarantees.47<br />
In some cases the statements are not made by the employer himself<br />
or through persons in his employ, but through third persons,<br />
such as civic officials, whom the employer utilizes for such purpose.<br />
This also has been held a violation."<br />
The importance of an examination of the circumstances surrounding<br />
the statement and of the general background of the case is shown<br />
in ilfatt& of Indianapolis Glove Company. 49 In that case the company<br />
discharged employees for union activities and sponsored a<br />
company-dominated labor organization among the employees. Coincident<br />
therewith an official addressed the employees in each department,<br />
bitterly denouncing the outside union, stating that it was<br />
only fomenting trouble to obtain the employees' money, and that<br />
the company did not need any "outsiders" to help run the plant. The<br />
employees were warned that if the outside union succeeded, the plant<br />
would be closed. The same official later made another series of addresses,<br />
telling the employees that he could speak plainer than the<br />
"bunch of foreigners" in the outside union, who, he averred, probably<br />
had been chased out of their own countries. The Board found<br />
these statements, under the circumstances, a violation of section 8 (1).<br />
In Matter of The Triplett Electrical Instrument Company," the<br />
two companies jointly operated the principal business establishment in<br />
a town of about 2,500 inhabitants. In March 1937 the employees organized<br />
a local of the United Electrical and Radio Workers of<br />
America. The president of the companies thereupon called a meeting<br />
of employees in the plant laboratory and told them that an "inside"<br />
union would be more in their interest. He asked for a viva voce vote<br />
on an inside or outside union, and upon no one voting against an<br />
inside union appointed a committee to form such an organization.<br />
After his departure from the meeting, the employees held a secret<br />
ballot among themselves, and a decided preference was shown for<br />
outside affiliation. The company thereafter closed the plant,<br />
45 Matter of Williams Manufacturing Company and United Shoe Workers of America,<br />
6 N. L. R. B. 135.<br />
44 Matter of Clover Fork Coal Company and District 19, United Mine Workers of America.<br />
4 N. L. R. B. 202. In Matter of Union Die Casting Company, Ltd., and International<br />
Union United Automobile Workers of America, 7 N. L. R. B. 846, after the issuance<br />
of the Trial Examiner's Intermediate Report, the company posted a notice in the plant<br />
castigating the Report as "villanous, partial, one-sided, and otherwise unfair." The notice<br />
went on to characterize the Act as "the abomination of abominations," protested that "we<br />
should not be spending hundreds of dollars to satisfy rotten politicians and grafting<br />
parasites," and expressed the hope that the employees realized "what a hell of a mess<br />
certain labor racketeers have made of things and what a big ass our government has<br />
become to tolerate such acts." .<br />
47 See Matter of Mansfield Mills. Inc.. and Textile Workers Organizing Committee,<br />
3 N. L. R. B. 901. Cf. Matter of Nebel Knitting Company, Inc., and American Federation<br />
of Hosiery Workers, 6 N. L. R B. 284.<br />
" See, for example. Matter of Freezer & Sons., Inc., and Amalgamated Clothing<br />
Workers of America, 3 N. L. R. B. 120; Matter of Regal Shirt Company and Amalgamated<br />
,Clothim , Workers of America, 4 N. L. R. B. 567; Matter of Christian A. Lund and Wooden,<br />
ware Workers-Union. 6 N. L It. B. 423.<br />
" Matter of Indianapolis Glove Company and Amalgamated Clothing Workers of America,<br />
5 N. L. R. B. 231.<br />
60 Matter of The Triplett Electrical Instrument Company. the Diller Manufacturing Coin.<br />
„pqny, and Unjtedftlectrical and Radio Workors of Amcrica ...5 .N. L. R. B. 835.