NATIONAL LABOR RELATIONS BOARD

82 . THIRD ANNITAL REPORT OF NATIONAL LABOR RELATIONS BOARD
subsequent to the effective date of the act; 70 though, of course, the
violation must occur after the act went into operation. 71 Antiunion
activity by the employer has helped persuade the Board that a section
8 (3) violation occurred with respect to specific discriminations.72
The absence of such antiunion activity has been persuasive that the
employer did not violate the section."
The employer's activities specifically relating to discharges, layoffs,
and refusals to reinstate, come into the foreground. Thus, the
delegation of power to a union to discharge, lay off, or reinstate,
evidences an intent to discriminate against employees hostile to that
union.74 The Board also has frequently found persuasive evidence
of discrimination in an unduly high percentage of union members or
union leaders included among employees discharged, laid off, or refused
reinstatement." Thus, in Matter of The Louisville Refining
Company," the Board found :
The union affiliation and activity of those who were eliminated from the
respondent's employ as a result of change to the eight-hour day is the strongest
evidence of the actual basis upon which the respondent made its selection.
It is significant that the 20 men whose employment was terminated included the
president, the vice president, and the secretary-treasurer of the local, a majority
of those who served on the committee which met with Brown on January 21
and 22, and a majority of the charter members of the Local. Nor does it
appear that any except members of the Local were discharged at this time,
although only 56 of the 85 employees of respondent were members thereof.
In dismissing section 8 (3) claims, the Board has often called attention
to the absence of any such disparity.77
The Board lays stress on employer, statements which are in effect
admissions that the cause for the discharge or other discrimination
was union activity. In Matter of Tiny Town Togs," the day of the
discharge, the forelady stated that the employee had been "fired for
joining the I. L. G. U." In Matter of Memphis Furniture Manufacturing
Company," the foreman in discharging an employee stated :
"Matter of Jeffery-DeWitt Insulator Company and Local No. 455. United Brick and
Clay Workers of America, 1 N. L. R. B. 618, enforced in Jeffery-DeWitt Insulator Co. V.
National Labor Relations Board, 91 F. (2d) 134 (C. C. A. 4th, 1938), certiorari denied,
302 U. S. 731 (1937).
71 Ibid.
72 For example, Matter of Lenox Shoe Company, Inc., and United Shoe Workers of
America, 4 N. L. R. 13. 372; Matter of The Louisville Relining Company and International
Assooiation.. Oil Field, Gas Well, and Refinery Workers of America, 4 N. L. R. B.
844; Matter of Hill Bus Company, Inc., and Brotherhood of Railroad Trainmen, etc.,
2 N. L. R. B. 781. Employer animosity toward a union : Matter of Missouri-Arkansas
Coach Lines, Inc., and The Brotherhood of Railroad Trainmen, 7 N. L. R. B. 186.
73 For example, Matter of Seagrove Corporation and United Automobile Workers of
America, 4 N. L. R. B. 1093.
74 Cases cited above, p. 69, notes 91-93; p. 74, notes 28, 29; p. 79, note 59.
75 For example, Matter of Consolidated Edison Company of New York, Inc., etc., and
United Electrical and Radio Workers of America, etc., 4 N. L. It.. B. 71, enforced in Consolidated
Edison Company v. National Labor Relations Board, 95 F. 2d 390 (C. C. A.
2d, 1938). certiorari granted, 304 U. S. 555 (1938), wherein the Board said : "When we
consider all the six discharges involved in this ease, it is apparent that the respondents
succeeded in eliminating from their employ all the principal organizers and officers of the
Independent Brotherhood. Their success was too complete to have been a consequence of the
disinterested operation of reductions in personnel." Also, Matter of The Grace Company and
United Garment Workers of America, etc., 7 N. L. R. B. 766; Matter of Frederick R.
Barrett and International Longshoremen's Association, etc., 3 N. L. R. B. 513.
"Matter of The Louisville Refining Company and International Association Oil Field
Gas Well, and Refinery Workers of America, 4 N. L. R. B. 844.
77 For example, Matter or New Idea, Inc. and the American Federation of Labor, 5
N. L. R. B. 381: Matter of Sheba Ann Frocks, Inc. and International Ladies' Garment
Workers' Union of America, etc., 5 N. L. Ii. B. 12.
711 Matter of Tiny Town Togs, Inc. and International Ladies Garment Workers Union,
7 N. L. R. B. 54.
79 Matter of Memphis Furniture Manufacturing Company and Furniture Workers Local
Union, No. lin, United Brotherhood of Carpenters and Joiners of America, 3 N. L. R. B.
27, enforced in Memphis Furniture Manufacturing Company v. National Labor Relations
Board, 96 P. (2d) 1018 (C. C. A. 6th, 1938), certiorari denied October 10, 1938.