NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 67
opposed. Not infrequently the situation varies somewhat though the
violation is equally clear. The Board has found the employer's antiunion
discrimination an unfair labor practice, regardless of the status
of the employee. In Matter of Fruehauf Trailer Company, 7° the
Board found that an unfair labor practice had occurred with respect
to a subforeman who had been discharged for union activity.' A
similar result was reached involving a foreman, 72 newspaper circulation
district and branch managers, 73 and a power house chief encrineer.74
An employee may be the subject of discrimination although he is
not a member of the union opposed by the employer: 75 Thus a discharge
because of supposed union membership or activity has been
held a vio1ation. 76 The employer's antiunion discrimination has on
occasion been directed even to those not suspected of union activity.77
In Matter of Memphis Furniture Manufacturing Con1pany, 78 the employer
discharged an employee for union activity, then dismissed the
employee's wife who was neither affiliated with nor active in the
union, because her husband had been discharged. The Board found
a violation in the dismissal of the wife :
The respondent thus made union membership and activities a bar to the
employment not only of the union member himself but of members of his
family as well. A more effective mode of discouragement of union affiliation
could hardly be found than the knowledge that such activities put not merely
the union member's employment but that of those closely related to him in
jeopardy. The direct cause of Mrs. Barmer's discharge was the fact that her
husband had been discharged, but the indirect and antecedent cause was discrimination
against union members in regard to hire and tenure of employment
with intent to discourage membership in the Union.
7° Matter of Fruehauf Trailer Company and United Automobile Workers Federal Labor
Union No. 19375, 1 N. L. R. B. 68, enforced in National Labor Relations Board v. Fruehauf
Trailer Company, 301 U. S. 49 (1937).
71- See also Matter of The Triplett Electrical Instrument Company, etc., and United
Electrical and Radio Workers of America, Local No. 714, 5 N. L. R. B. 835; Matter of
Atlantic Greyhound Corporation and Brotherhood of Railroad Trainmen, 7 N. L. R. B.
1189 (dispatcher). In the latter case the Board stated: "Lee's position as dispatcher,
heretofore described, was of a minor supervisory character. Although antiunion conduct
of managerial or supervisory employees has been repeatedly held to he proof that the
employer has engaged in unfair labor practices, it does not follow that managerial or
supervisory employees are not employees within the meaning of Section 2 (3) of the Act.
The statutory definition is of wide comprehension. We find that Lee was an employee
within the meaning of Section 2 (3) of the Act." Cf. National Labor Relations Board v.
Biles-Coleman Lumber Company, 96 F. 26 197, 98 F. (2d) 16, 18 (C. C. A. 9th, 1938),
enforcing Matter of the Biles-Coleman Lumber Company and Puget Sound District
Council of Lumber and Sawmill Workers, 4 N. L. R.. B. 679: the respondent objected
to the Board's ordering the respondent to reinstate nonunion workers who went on
strike, especially two foremen; the Circuit Court held that the order was authorized
by sees. 2 (3) and 10 (c) of the act.
72 Matter of American Potash & Chemical Corporation and Borax and Potash Workers
Union, No. 20181, 3 N. L. R. B. 140, enforced in National Labor Relations Board v. American
Potash & Chemical Corporation, 98 F. (26) 448, (C. C. A. 9th. 1938).
73 Matter of Star Publishing Company and Seattle Newspaper Guild, Local No. 82,
4 N. L. R. B. 498, enforced in National Labor RelationS Board v. Star Publishing Company,
97 F. (26) 465 (1938), (C. C. A. 9th, 1938).
74 Matter of The Warfield Company, etc., and International Union of Operating Engi -neers, etc.,
and International Brotherhood of Firemen and Oilers, etc., 6 N. L. R. B. 58.
7B Cf. above, note 71.
76 Matter of Kuehne Manufacturing Company and Local No. 1791, United Brotherhood
of Carpenters and Joiners of America, 7 N. L. R. B. 304; Matter of The Rocreer
Company and United Electrical and Radio Workers of America, etc., 6 N. L. R. B. 688.
" Cf. Matter of National Motor Bearing Company and International Union, United
Automobile Workers of Anterioa, etc., 5 N. L. B. B. 409.
78 Matter of Memphis Furniture Manufacturing Company and Furniture Workers Local
Union No. 1174, United Brotherhood of Carpenters and Joiners of America, 3 N. L. R. B.
26, enforced in Memphis Furniture Manufacturing Oompany v. National Labor Relations
Board, 96 F. (2d) 1018, (C. C. A. 6th, 1938) ; certiorari denied, 59 S. Ct. 91 (1938).