NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 73
against whonl the alleged discrimination has been directed, for the provision
thereof has express application to a discrimination as to hire."
In Matter of Montgomery Ward and COmpany, 2° the Board said:
We have found that Charles E. Hooper was refused employment by the respondent
because of his union membership and that such refusal constituted
an unfair labor practice within the meaning of the Act. Such refusal had the
effect and will necessarily have the effect of discouraging membership in the
Union and thereby infringing upon the rights of its employees to self-organization
and collective bargaining.
In other words, protection of prospective employees is necessary
for the protection of present employees. As the Board has pointed
out, anti-union discrimination against an applicant for employment
is as effective a means for communicating to employees the employer's
campaign against the union, as discrimination against a
present employee.21
The Board has had occasion to condemn several types of discrimination
other than interruption of, or refusal to give, tenure. 22 In
Matter of Clover Fork Coal Company,23 the employer assigned union
men to a very difficult section of the mine as a punishment or as a
means of forcing them to quit. One employee so assigned would have
had to move from 20 to 25 cars of rock and dirt and in so doing
would have been required to work for nothing for about a week.
Another employee's assignment would have taken a month's or more
work, without compensation. In other cases the discrimination consisted
in withholding a wage increase, 24 demotion, 25 refusal to reinstate
to the position formerly held in one plant coupled with offer
of a position in another plant. 2° The Board has refrained from
finding a section 8 (3) violation where the disparate treatment is
trifling. In Matter of The A. S. Abell Co., 27 the employer accelerated
the speed of the machine operated by the employee in question beyond
the speed required for business reasons and beyond the speed of the
machine operated by a fellow workers The Board dismissed the
complaint, stating:
While we believe Thamert's membership in the Union may have been responsible
for the treatment of which he complained, we consider that treat-
.0 Matter of The Kelly-Springfield Company and United Rubber Workers of America,
etc., 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).
.0 Matter of Montgomery Ward and Company, etc., and United Mail Order and Retail
Workers of America, 4 N. L. R. B. 1151.
21 Matter of Algonquin Printing Company and United Textile Workers of America, etc.,
1 N. L. R. B. 264.
See Matter of Fansteel Metallurgical Corporation and Amalgamated Association of
Iron, Steel, and Tin Workers of North America, etc., 5 N. L. R. B. 930, enforcement denied
In Fawned Metallurgical Corporation v. National Labor Relations Board, 98 F. (2d) 375
(C. C. A. 7th, 1938), certiorari granted November 19, 1938; Matter of Ingram Manufacturing
Company and Textile Workers Organizing Committee, 5 N. L. R. B. 908; Matter of
Star Publishing Company and Seattle Newspaper Guild, etc., 4 N. L. R. B. 498, enforced in
National Labor Relations Board v. Star Publishing Company, 97 F. (2d) 465 (C. C. A. 9th,
1938) ; Matter of American Potash if Chemical Corporation and Borax and Potash Workers
Union, etc., 3 N. L. R. B. 140, enforced in National Labor Relations Board v. American
Potash and Chemical Corporation, 98 F. (2d) 488 (C. C. A. 9th, 1938).
23 Matter of Clover Fork Coal Company and District 19, United Mine Workers of America,
4 N. L. R. B. 202, enforced in Clover Fork Coal Company v. National Labor Relations
Board, 97 F. (2d) 331 (C. C. A. 6th, 1938).
Matter of Federal Carton Corporation and Local Printing Pressmen's Union, etc.,
5 N. L. R. B. 879. (The Board found a sec. 8 (3) violation, though the employer had
remedied the detriment before issuance of the order.)
Matter of Waggoner Refining Company, etc., and International Association of Oil
Field, Gas Well, and Refinery Workers of America, 6 N. L. R. B. 731.
Matter of Aluminum Products Company, etc., and Aluminum Workers Union, etc.,
7 N. L. R. B. 1219.
21 Matter of The A. S. Abell Company and International Printing and Pressmen's
Union, etc., 5 N. L. R. B. 644, enforced in part in National Labor Relations Board v.
A S. Abell Company, 97 F. (2d) 051 (C. C. A. 4th, 1938).