NATIONAL LABOR RELATIONS BOARD

72 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
2. Hisz, TENURE, OR ANY TERM, OR CONDITION OF EMPLOYMENT
Most commonly the employer's act of discrimination consists in
outright discharge, either individually or in groups. 12 The language
of the section, however, covers more than discharge. It prohibits
discrimination "in regard to hire or tenure of employment or any
term or condition of employment." Accordingly the Board has held
a wide variety of discriminatory acts to be within the section. In
many cases the Board found that the employer discriminated by
furloughing or temporarily laying off employees. 18 In several the
discriminatory lay-off was a lock-out; that is, a plant shut-down for
the purpose of defeating union activity." Similarly the discrimination
frequently involves a refusal to reinstate and employ upon
reopening the plant or upon increasing personnel, after a business
lay-off, 15 strike,18 or lock-out. 17 In short, whether the discriminatory
interruption of tenure is temporary or permanent, the Board has
found a violation of section 8 (3).
Because of the broad language of the section and in view of the
policy of Congress, 18 the Board has gone further and held that—
It is not essential in all cases to a finding of unfair labor practice under this
section of the statute that the status of an employee be held by the person
at a union election he urged the men to vote for "Fifty" who was "not implicated in .
any way with the bosses"; held: no violation) ; Matter of United States Stamping Cornpany
and Enamel Workers Union, No. 18630, 5 N. L. R. B. 172. (The Board held : "We
believe the evidence clearly establishes the fact that Riggs and Bane were relieved
of their duties as watchmen because the respondent feared that they were too sympathetic
toward the union's cause to be trustworthy watchmen. However, we do not
believe an employer, who during a strike relieves a watchman from his duties as such
for this reason, has engaged in an unfair labor practice within the meaning of Section 8 (3)
of the Act."
" For example of discriminatory mass discharge. see Matter of Zenite Metal Corporation
and United Automobile Workers of America, Local No. 45, 5 N. L. R. B. 509 (158
employees).
', Matter of The Kelly-Springfield Tire Company and United Rubber Workers of America,
6 N. L. R. B. 325, enforced in Kelly-Springfield Tire Company v. National Labor Relations
Board, 97 F. (2d) 1007 (C. C. A. 4th, 1938) ; Matter of Scandore Paper Box Co., Inc.. etc.,
and Paper Box Makers Union, etc., 4 N. L. R. B. 910 ; Matter of Central Truck Lines,
Inc., nd Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America,
3 d. L. R. B. 317 (2-week lay-off). In Matter of The Federal Bearings Co.. Inc., etc.
and Local 297, International Union, United Automobile Workers of America, 4 N. L It. B.
467, the Board said : "Whether the 17 employees were discharged or, as alleged by the
respondents, whether they were laid off, is immaterial to the issues except to illustrate.
the gross insincerity with which the respondents attempted to refute the charges."
" Matter of Fropwood Retinning Company, Inc.. etc., and Metal Polishers, Buffers.
Platers and Helpers, etc., 4 N. L. R. B. 922. enforced in National Labor Relations Board
v. Hopwood Retinning Co., 98 F. (2d) 97 (C. C. A. 2d, 1988). Other examples : Matter
of Kuehne Manufacturing Company and Local No. 1791, United Brotherhood of Carpenters
and Joiners of America. 7 N. L. It. B. 204: Matter of Leo L. Lowy, etc.. and Tapered
Roller Bearing Corporation and International Association of Machinists, District No. 15,
3 N. L. R. B. 938.
15 For example Natter of The Kelly-Springfield Tire Compan y and United Rubber Workers
of America, 6 N. L. R. B. 325. enforced in Kelly-Springfield Tire Company and United
Rubber Workers of America, 97 F. (25) 1007 (C. C. A. 4th, 1938) (failure to recall
persons furloughed by predecessor cor poration after production rose) ; Matter of Greensboro
Lumber Company, and Sawmill Workers Local Union, etc., 1 N. L. R. B. 629 (discriminatory
allocation of work during shut-down).
', For example, Batter of Kuehne Manufacturing Company, and Local No. 1195, United
Brotherhood of Carpenter' and Joiners of America, 7 N. L. R. B. 304; Matter of
Black Diamond Steamship Cor poration and Marine Engineers' Beneficial Association, Local
No, SS, 3 N. L R. 13. 84, enforced in Black Diamond Steamship Corporation v. National
Labor Relations Board. 94 F. (2d) 875 (C. 0. A. 25, 1038) ; certiorari denied in 304 U. S.
579 (1928) : Matter of Mackay Radio & Telegraph COmpang, etc., and American Radio
Telegraphists' Association, etc., 1 N. L. Ti. B. 201, enforced in National Labor Relation,'
Board v. Mackay Radio & Telegranh. CompanY. 304 Ti. S. :333 (1938).
"For example. Matter of The Grace Company and United Garment Workers of America.
etc., 7 N. L. R. B. 766: Natter of National Motor Rearing Cornpa nit and International
Union, United Automobile Workers of America. etc., 5 N. L. R. B. 409: Matter of Santa
Cruz Fruit Packing Company, etc., and Weighers, Warehousemen, and Cereal Workers,
etc., 1 N. L. R. B. 454. enforced in Santa Cruz Fruit Packing Company v. National
Labor Relations Board'. 303 U. S. 453 (1938).
By sec. 1. the .policy of the act is to encourage collective bar gaining and to protect
the exercise by workers of full freedom of association, self-organization, and designation
of representatives of their 'own choosing, for the purpose of negotiating the terms and
conditions of their employment or other mutual aid or protection." Sec. 2 (3) provides
that the term em ployee "shall not be limited to the employees of a particular employer,
unless the Act explicitly states otherwise."