1 - National Labor Relations Board

More documents

Recommendations

Info

Unfair Labor Practices 93 Board rejected the employer's contention that it was actually locking out the laid-off employees, and that the right of lockout necessarily includes the right to deviate temporarily from existing seniority practices without consulting the union. In the Board's view, the layoff was not used as an affirmative bargaining strategy, but was motivated by a desire to eliminate those operations which could not operate efficiently under threat of a strike and which involved potential danger to the public in the event that a strike actually occurred. Under these circumstances, a unilateral change in contractually established terms could not be justified merely by saying it was temporary, since no such unilateral change could be made unless the employer had first satisfied its obligation to bargain with the union before making the change.6° In the other case, 61 in return for the employer's agreement that if negotiations for a new contract continued beyond the expiration date of the old contract any wage increase would be made retroactive to that date, the union agreed, in effect, that all of the terms of the old contract would be kept in effect until agreement on a new contract was reached or the union called a strike. Some of the employees subsequently went on strike and continued on strike despite repeated warnings by both the employer and the union that they were in violation of the nostrike clause of the old contract and that their jobs were in jeopardy. The Board held that the employer did not violate section 8(a) (1) of the Act when it discharged some of the striking employees and placed the others on probation, since the employees had forfeited their right to reinstatement by striking in violation of the no-strike provision of the extended contract then in effect. In the Board's view, there was no factual basis for concluding that the no-strike provision, one of the most essential elements of the old contract, was deleted while the remainder of the contract was extended. Without the extension of the nostrike provision, there would be no logical or economic reason for the employer's willingness to accede to the union's demand for wage retroactivity. Moreover, it was clear that the parties intended that the existing contract would be terminated only if the 60 Chairman McCulloch and Member Fanning for the majority. Member Brown, concurring, would find the unilateral changes in seniority and layoff practices unlawful even if the employees involved were locked out after an impasse, since such charges had not been at issue in the negotiations prior to the impasse. el Kroger Co. (Cleveland Div.), 177 NLRB No. 104.
94 Thirty-fourth Annual Report of the National Labor Relations Board union authorized a strike, and only after, not before, a bargaining impasse was reached.62 8. Successor Employer and Plant Relocation Bargaining Obligation Three cases among those decided during the year involved the effect of a transfer of an employing company's stock or assets, or a relocation of its plant, upon its obligation to bargain with the union representing its employees. In Miller Trucking Service, 63 the sole stockholder of a corporation sold all his stock to another company which established the corporation as a separate organizational division, rehired most of the original company's former employees, and operated in substantially the same manner as before the stock transfer, using the same equipment, servicing the same customers, and employing the same number of employees at the same work and under the same general terms and conditions of employment. Pointing out that, while a corporate identity will sometimes be pierced in order to avoid its use to shield one who seeks to evade legal responsibility, it will not be pierced to sanction the corporation's wrongdoing, the Board held that the transfer of stock did not result in the substitution of the purchaser for the former stockholder as employer. It found that the original corporation, which was never dissolved and continued as a legal entity, remained the employer at all times and was obligated to remedy the former stockholder's refusal to bargain with the union prior to the ,transfer of stock, which the Board found violative of section (8) (a) (5) and (1) of the Act. In addition, the Board found that the employer's unilateral termination of its employees just before the transfer of stock violated section (8) (a) (5) and (1) of the Act. Had the employer honored the union's request for recognition, it might profitably have bargained with the union about such questions as whether mass terminations were necessary at all, and, if so, when the terminations should occur ; notice to employees of the impending termination ; and rights of employees with respect to rehiring. Such bargaining might well have affected the very terms 62 Chairman McCulloch and Members Jenkins and Zagoria for the majority. Members Fanning and Brown, dissenting, were of the view that the parties had merely provided for the continuation of existing contract terms on a day-to-day basis, and that the statutory policy of maintaining industrial peace and stability during the term set by the contract did not require a holding that the no-strike clause remain in effect under these circumstances. Since the strike was supported by a majority of the bargaining unit, and had no objectives inconsistent with the union's contract demands, it was protected activity, notwithstanding the disapproval of the union leadership. " 176 NLRB No. 76.
Page 1 and 2:
TMR.TY-FOURM ANNUAL REPORT
Page 4:
NATIONAL LABOR RELATIONS BOARD Memb
Page 8 and 9:
7 TABLE OF CONTENTS CHAPTER I. Oper
Page 10:
Table of Contents ix Page 1. Preser
Page 13 and 14:
2 Thirty-fourth Annual Report of th
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
1 8 Thirty-fourth Annual Report of
Page 21 and 22:
10 Thirty-fourth Annual Report of t
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
PERCENT PERCENT 100 100 1111111 90
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
II Jurisdiction of the Board The Bo
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54: 42 Thirty-fourth Annual Report of t
Page 55 and 56: V Representation Cases The Act requ
Page 83 and 84: VI Unfair Labor Practices The Board
Page 103: 92 Thirty-fourth Annual Report of t
Page 111 and 112: 100 Thirty-fourth Annual Report of
Page 129 and 130: VIII Enforcement Litigation Board o
Page 155 and 156:
144 Thirty-fourth Annual Report of
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
IX Injunction Litigation Section 10
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Table 3A.—Formal Actions Taken in
Page 213 and 214:
Table 4.—Remedial Actions Taken i
Page 215 and 216:
Table 5.—Industrial Distribution
Page 217 and 218:
Table 6.—Geographic Distribution
Page 219 and 220:
Table 7.-Analysis of Methods of Dis
Page 221 and 222:
it! All C cases CA cases CB cases C
Page 223 and 224:
Stage of disposition ' Table 8.-Dis
Page 225 and 226:
Table 10.-Analysis of Methods of Di
Page 227 and 228:
Table 11A.—Analysis of Elections
Page 229 and 230:
Page 231 and 232:
Table 13.-Final Outcome of Represen
Page 233 and 234:
Participating unions AFL-CIO v. AFL
Page 235 and 236:
Table 14.-Valid Votes Cast in Repre
Page 237 and 238:
Participating unions AFL-CIO v. AFL
Page 239 and 240:
Table 15.-Geographic Distribution o
Page 241 and 242:
144 0 Table 16.-Industrial Distribu
Page 243 and 244:
1.) LA, iv Table 17.-Size of Units
Page 245 and 246:
Table 18.-Distribution of Unfair La
Page 247 and 248:
Table 19.-Litigation for Enforcemen
Page 249 and 250:
Table 20.—Injunction Litigation U
Page 251:
show all

1 - National Labor Relations Board

Create successful ePaper yourself

Delete template?

Save as template?