1 - National Labor Relations Board

98 Thirty-fourth Annual Report of the National Labor Relations Board
threatened disciplinary action over disagreements involving contract
interpretations and grievance adjustments. Noting,,iPlat
section 8 (b) (1) (B) was enacted to prevent union interfence
with an employer's control over its own representatives, the
Board found the prohibition no less applicable because the union
sought the substitution of attitudes rather than persons, and
exerted its pressure on the employer through indirect rather
than direct means. As the pressure was in fact exerted for the
purpose of interfering with the employer's control over his representatives,
the Board held the conduct fell outside the legitimate
internal interests of the union and therefore violated
section 8(b) (1) (B). In Toledo Blade, 71 union action in imposing
fines upon three of its members, the employer's superintendent
and two foremen, for performing excessive work in violation of
the contract was found to have violated section 8(b) (1) (B) by
restraining the employer in the selection of his representatives
for the purposes of negotiations and handling grievances. The
union's assertion of disciplinary authority over the supervisors,
who had substantial authority to handle grievances, was found
to infringe upon the employer's right to control and rely on his
representatives. The Board further held that even if the foremen
had not actually served their employer as bargaining representatives,
the employer was entitled to the protection of section
8(b) (1) (B) in his future designation and reliance upon representatives
selected from an uncoerced group of supervisors qualified
as representatives because of their day-to-day supervisory
roles.
In other cases the Board held a union violated section 8(b) (1)
(B) by fining a member of the union employed as a construction
superintendent for having urged employees to vote against the
union in an upcoming Board election, 72 and by fining a member
for reporting to work as a supervisor without having obtained
job clearance and referral from the union, for working thereafter
for an employer who did not contribute to the union health and
welfare fund, and for failing to cease work when requested to
do so by the union's business agent.73
3. Union Rules and the Duty of Fair Representation
The actions of labor organizations in enforcement of union
rules establishing conditions of employment for its members,
71 Toledo Locale I5—P & 272, Lithographers (Toledo Blade Co.), 175 NLRB No. 173.
72 New Mexico District Council (A.S. Horner), 176 NLRB No. 105.
"New Mexico District Councll (A.S. Horner), 177 NLRB No. 76.