NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISFIED 63
The nine tippers were unorganized and could not be represented by a labor
organization in the presentation of their grievances. The stoppage engaged
in by them was a spontaneous expression of discontent staged for the purpose
of bringing to the attention of the respondent the grievance concerning wages
which repeated talks with their forelady had failed to remedy.
The discharges were held to constitute interference, restrain, and
coercion of the employees in the exercise of their right to engage in
concerted activities for the purposes of collective bargaining and
other mutual aid or protection.
In the Matter of Carlisle Dumber Company," striking employees
were notified that unless they made application for work by a certain
day, the company would evict them from their company-owned
homes. The Board found this action exceptionally coercive, because
all dwellings in the town were owned by the company and no other
shelter was available. In Matter of Hercules-Campbell Body Co.,
Inc.,56 wages were increased by the company after it refused to negotiate
with the union regarding such increase. At the time the increase
was announced the employees were told by the company president
that a union was unnecessary. The Board found a violation
and stated:
It is clear that, after the failure of the Union committee to secure an increase
in wages, Campbell's announcement of a general wage increase, coupled with
his statements concerning the futility of unions, was intended, at least in part,
as striking proof of these and his previous statements regarding the positive
benefits of not having a union at the respondent's plant.
In Matter of Waterman Steamship Corporation, 5' the company's
refusal to allow solicitation of membership by one union on board
its ships, while permitting a rival union to do so, was held a violation,
the discrimination having "the necessary effect of impeding its employees
in the free choice of representatives." In Matter of Brown
Shoe Company, Inc.," the company arbitrarily abrogated a contract
with the union which represented the union's "outstanding achievement
in collective bargaining." The Board found that the employer's
act "in the light of the background situation * * * is to be
interpreted only as a blow aimed directly at the union. Consequently,
the respondent's termination of the arrangement without conferring
with the union constitutes interference, restraint, and coercion of its
Salem plant employees in the exercise of their right to collective
bargaining guaranteed by the Act."
&s hatter of Carlisle Lumber Company and Lumber d Sawmill Workers' Union, 2 N. L. R. B.
248, order enforced in National Labor Relations Board v. Carlisle Lumber Co., 94 F. (2d)
138 (C. C. A. 9th, 1937), certiorari denied, 304 II. S. 575.
coo Matter of Hercules Campbell Body Co., Ino., and United Automobile Workers of America,
7 N. L. R. B. 431. In enforcing an order of the Board under section 8 (2) in another
case, the Ninth Circuit Court of Appeals observed : "The finding that the Allied Chemical
Workers' Association did not succeed in freeing itself from employer domination is supported
by the evidence. For more than a year following passage of the Act, the Associatibn
made some attempts to gain better wages and to relieve the unsatisfactory housing situation
in Trona. These moves were for the most part fruitless until concessions on both
matters were made by respondent in April 1936, the high point of the Borax and Potash
Workers' Union organizing campaign. The Board justly inferred that such success, coming
after a long period of chronic inability to bargain successfully, was due to respondent's
desire to head off the American Federation of Labor anion rather than to any pressure
from the Association." National Labor Relations Board v. American Potash and Chemical
Corporation, 98 F. (2d) 488 (C. C. A. 9th, 1938), enforcing order of 'Board in American
Potash and Chemical Corporation and Allied Chemical Workers Association of Trona,
California, 3 N. L. R. B. 140.
5T Matter of Waterman Steamship Corporation and National Marititne Union of America,
7 N. L R. B. 237.
as Matter of Brown Shoe Company, Inc., and Boot and Shoe Workers' Union, 1 N. L. R. B.
803.