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NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 91<br />

with union representatives, 28 or made its refusal manifest by such<br />

unectuivocal conduct as failing to feply to letters requesting a bargaining<br />

conferenee,28 refusing to accept a registered letter containing<br />

a proposed agreement, 3° returning the letter which requests a conference,"<br />

returning a proposed agreement, 32 failing to attend meetings<br />

which had been arranged, 33 and refusing to discuss terms' and conditions<br />

of employment at meetings with union representatives."<br />

In Matter of Kueltne Manufacturing Company 35 the president of<br />

the union local, by letter, requested the employer to recognize the<br />

union and to set a date for a conference. The employer replied by<br />

a letter dated Saturday, April 3, which stated that its president<br />

would meet with the president of the union local on Monday, April<br />

5, at 2 p. m. The employer's president then refused the union's<br />

request, made by telephone, to postpone the meeting to a later hour<br />

so as to enable the American Federation of Labor official who was<br />

25 Matter of Suburban Lumber Company and International Brotherhood of Teamsters,<br />

Chauffeurs, Stablemen, and Helpers of America, Local Union No. 676, 3 N. L. R. B. 194;<br />

Matter of Bradford Dyeing Association (U. S. A.) (a Corporation) and Textile Workers'<br />

Organizing Committee of the C. I. 0.. 4 N. L. R. B. 604 (the employer informed the Steel<br />

Workers Organizing Committee that it would not recognize or deal with the Steel<br />

Workers Organizing Committee) ; Matter of Omaha Hat Corporation and United Hatters,<br />

Cap and Millinery Workers International Union, Local Nos. 7 and 8. 4 N. L. R. B. 878 (the<br />

president of the employer company stated that he could not see his way clear "to having<br />

the union in his shop in any way, manner, shape or form") ; Matter of Cating Rope Works,<br />

Inc., and Textile Workers' Organizing Committee, C. I. 0., 4 N. L. R. B. 1100; Matter of<br />

The Jacobs Bros. Co.. Inc.. and United Electrical and Radio Workers of America, Local No.<br />

1226. 5 N. L. R. B. 620; Matter of The Warfleld Company, a Corporation Formerly Known<br />

as the Thomson & Taylor Company and International Union of Operating Engineers, Local<br />

No. 399, and International Brotherhood of Firemen and Oilers, Local No. .7, 6 N. L. IL B.<br />

58; Matter of C. A. Lund Company and Novelty Workers Union, Local 1866 (A. F. of L.),<br />

successor, 6 N. L. R. B. 423; Matter of Missouri-Arkansas Coach Lines, Inc., and The<br />

Brotherhood of Railroad Trainmen, 7 N. L. R. B. 186.<br />

2° Matter of C. A.. Lund Company, supra ; Matter of The Triplett Electrical Instrument<br />

Company. The Diller Manufacturing Company. Doing Business Under the Firm Name and<br />

Style of Readrite Meter Works, and United Electrical and Radio Workers of America. Local<br />

No. 714, 5 N. L. R. B. 835; Matter of Somerset Shoe Company and United Shoe Workers of<br />

America, 5 N. L. R. B. 486 ("the respondent's failure to answer the United's request for a<br />

bargaining conference constituted a refusal to bargain with the exclusive representatives of<br />

its employees") Matter of Sheba Ann Frocks. Inc.. and International Ladies' Garment<br />

Workers' Union of America, Locals 121 and 204, 5' N. L. R. B. 12.<br />

In some cases, where a refusal to bargain collectively has been found. the Board, in<br />

analyzing the employer's conduct, has taken note of the fact that after a union representative<br />

called personally, but was unable to reach any responsible official of the employer, the<br />

employer, though aware of such call, failed to make any effort to communicate with the<br />

representative who had called. Matter of Suburban Lumber Company, supra ; Matter of<br />

National Motor Bearing Company and International Union, United Automobile Workers of<br />

America, Local No. 76. 5 N. L. R. B. 409.<br />

a) Matter of The Warfield Company, a Corporation Formerly Known as the Thomson &<br />

Taylor Company, and International Union of Operating Engineers, Local No. 399, and International<br />

Brotherhood of Firemen and Oilers, Local No. 7, 6 N. L. R. B. 58.<br />

"Matter of Jacob Cohen, Lee M. Cohen, Lawrence L. Cohen, Milton Cohen, Morton Cohen<br />

and Hyman Cohen, Trading as S. Cohen & Sons, and Local No. err, International Ladies'<br />

Garment Workers' Union, 4 N. L. R. B. 720; Matter of The Warfield Company, a Corporation<br />

Formerly Known as The Thomson & Taylor Company, and International Union of Operating<br />

Engineers, Local No. 399, and International Brotherhood of Firemen and Oilers, Local No. 7,<br />

6 N. L. R. B. 58.<br />

22 Matter of The Wari/e/d Company, supra.<br />

"Matter of Tay/or Trunk Company and Luggage Workers Union, Local No. 50, of the<br />

International Ladies' Hand Bag, Pocketbook and Novelty Workers Unkn, 6 N. L. R. B. 32;<br />

Matter of N. Mamie and International Fur Workers Union of the United States and Canada,<br />

4 N. L. R. B. 808.<br />

"Matter of N. %Jamie and International Fur Workers Union of the United States and<br />

Canada, 4 N. L. R. B. 808; Matter of J. W. Beasley, Individually and Trading as Standard<br />

Memorial Works and Granite Cutters' International Association of America, Charlotte<br />

Branch, 7 N. L. R. B. 123. In the latter case the Board based a finding that the employer<br />

had been guilty of an unfair labor practice in refusing to bargain collectively on substantially<br />

the following facts:<br />

"4, • • although the respondent stated on several occasions his willingness to bargain<br />

collectively with the Union, at each conference with representatives of the union Beasley<br />

[the respondent] refused to recognize the Union or to bargain with it Beasley at first<br />

refused to discuss matters with the committee. Then he took a copy of a proposed contract<br />

for inspection and study but put it in his pocket at that time. A further meeting took<br />

place on November 12 when Beasley told the committee that be had read the agreement,<br />

that he had no counter proposals to make, and that he still refused to discuss its terms or to<br />

sign it."<br />

85 Matter of Kuehn° Manufacturing Company and Local No. 1791, United Brotherhood of<br />

Carpenters and Joiners of America, 7 N. L. R. B. 304.<br />

108817-38-7

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