NATIONAL LABOR RELATIONS BOARD

68 THIRD A.NNtrAL REPORT OV NATIONAL LABOR RELATIONS 130Att)
Matter of Mansfield Mills, In0.,79 presents a slight variation. The
employer discharged the employee for union activity and then discharged
his wife on the asserted ground that her discharge was required
by a company rule that all members of the family must be
dismissed when the head of the family is to make room for another
family in the company-owned house. Given this company rule as
the immediate reason, the Board held "we would necessarily find that
she was the victim of discrimination in violation of the act * * *."
The interposition of the company rule could not break the causal
chain linking the employer's antiunion activity to the discharge of
the wife.8°
The Board has held that an employer commits an unfair labor
practice by refusing employment to persons whether the employer
acts because of their former or current membership in a labor organization.
84 In either view, membership induced the employer to discriminate.
For the same reason the section has been applied to instances
of discrimination based on employee activity looking toward
the formation of a labor organization."
All labor organizations have received the protection of the section,
whether affiliated or unaffiliated. Since the Board does not interfere
in the internal administration of unions," it has been held immaterial
that a complaining union might not be in good standing with its
parent body.84
Section 8 (3) forbids both discouragement and encouragement of
membership by discrimination. In many cases coming before the
Board two rival unions are competing for membership. The Board
has described the employer's obligation, under these circumstances, as
"the duty to remain aloof and impartial," 85 in order that employees
will be free to choose either union or neither. The employer's act of
favoritism toward either union necessarily encourages membership in
the favored and discourages membership in the disfavored union. In
Matter of Phillips Packing Company, Inc.," the Board found it to
be an unfair labor practice for the employer to discharge an employee
"because he joined the unions, and refused to become a member of the
association." The Board reached the same result where the employer
discriminated against an employee who refused to join a favored
" Matter of Mansfield Mills, Inc., and Teatile Workers Organizing Committee, 3 N. L. R.
B., 901.
80Also ; Matter of Fashion Piece Dye Works, Inc., and Federation of Silk and Rayon
Dyeres and Finishers of America, 6 N. L. R. B. 274, enforced in National Labor Relations
Board V. Fashion Piece Dye Works, Inc., decided November 28, 1938 (C. C. A. 3d, 1938).
ea Matter of Appalachian Electric Power Company and International Brotherhood of
Electrical Workers, eto., 3 N. L. R. B. 240, enforcement denied on other grounds in Ap -palachian
Electric Power Co. V. National Labor Relations Board, 93 F. (2d) 985 (1938),
(C. C. A. 4th, 1938).
° Matter of Stylecraft Leather Goods Company, Inc., and Benfamin Marsala, 3 N. L. R.
B. 920. In the absence of a union, discrimination may be an unlawful interference with
the employees' right "to engage in concerted activities for the purpose of collective bargaining
or other mutual aid or protection" as guaranteed in section 7. Matter of Southgate-Nelson
Corporation and National Marine Engineers Beneficial Association, 3 N. L.
R. B. 535; Matter of /ndianapolis Glove Company and Amalgamated Clothing Workers of
America, Local No. 145, 5 N. L. R.. B. 231.
83 See Matter of Sunshine Mining Company and International Union of Mine, Mill and
Smelter Workers, 7 N. L. R. B. 1252, and cases cited therein.
"Matter of Frederick R. Barrett and International Longshoremen's Association, Local No.
978, 3 N. L. R. B. 513; Matter of M. and M. Woodworking Company and Plywood and
Veneer Workers Union Local No. 102, affiliated with International Woodworkers of America,
6 N. L. R. B. 372.
" Matter of Ingram Manufacturing Company and Textile Workers Organizing Committee,
5 N. L. R. B. 908.
"Matter of Phillips Packing Company, Inc.. eta., and United Cannery, Agricultural,
Packing and Allied Workers of Antierica; Phillips Packing Company, Inc , etc., and Tin
Can Makers Local Union 20919, and Packing House Workers Local Union 20918, 5 N. L.
R. B. 272.