1 - National Labor Relations Board

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Unfair Labor Practices 109 Of particular interest among them are two cases decided during the year, in which the Board was called upon to determine the appropriate remedy for an employer's action in withholding a wage increase from employees at one of his plants while granting it to employees at other plants under circumstances violative of the Act. In one, 98 the Board found that the employer, in addition to violating section 8 (a) (1), (3), and (5) of the Act in other respects, withheld from employees at a recently unionized plant wage increases granted to unrepresented employees at all of its other plants, only because those employees had selected the union as their bargaining representative. As a remedy for this refusal to bargain, the Board ordered the employer to compensate the employees at the unionized plant for the wage increases which, on the basis of the increases granted to the employees at other plants, these employees would reasonably have been expected to receive had they not selected the union to represent them. The Board noted that wage increases for these employees were admittedly long overdue and that the employer had not offered to pay them during negotiations with the union only because it did not want the union to take credit for obtaining such increases for the employees. Accordingly, the Board ordered that the employer, upon request by the union, immediately put into effect for the employees represented by the union wage increases in the amounts that such increases had been given to the employees at other plants and make such increases retroactive to the beginning of the 10(b) period. However, in order to avoid limiting the parties' attempts to reach a mutually acceptable contract in future negotiations, the employer was held to be free to take these wage increases into account in bargaining with respect to other economic benefits for its employees. In the other case, 99 where union activities were taking place at only one of an employer's two plants, the Board found that the employer violated section 8(a) (1) of the Act by granting a wage increase to the employees at the other plant and then using that increase to discourage union activity at the first plant by impressing upon the employees there what they had lost because of union activity. The Board found that, since the employer would have been willing to grant a wage increase to the employees at the first plant but for their union activities, and did, in fact, later grant them such an increase, the withholding of the wage increase had the effect of discriminating against the employees "Petrolane-Franklin Gas Service, 174 NLRB No. 88. "Congdon The Casting Co., 176 NLRB No. 60.
110 Thirty-fourth Annual Report of the National Labor Relations Board at this plant. Accordingly, the Board ordered the employer to remedy the unlawful discrimination by paying the employees at the first plant the wage increase for the period beginning when the wage increase was given to the employees at the other plant and continuing until the date it was given to the employees at the first plant.1 1 Chairman McCulloch and Member Jenkins for the majority. Member Brown, dissenting, considered the reimbursement order inappropriate in the absence of a showing that the employer had unlawfully withheld a wage increase at the first plant.
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TMR.TY-FOURM ANNUAL REPORT
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NATIONAL LABOR RELATIONS BOARD Memb
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7 TABLE OF CONTENTS CHAPTER I. Oper
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Table of Contents ix Page 1. Preser
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2 Thirty-fourth Annual Report of th
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1 8 Thirty-fourth Annual Report of
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10 Thirty-fourth Annual Report of t
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PERCENT PERCENT 100 100 1111111 90
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II Jurisdiction of the Board The Bo
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V Representation Cases The Act requ
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IX Injunction Litigation Section 10
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162 Thirty-fourth Annual Report of
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Table 3A.—Formal Actions Taken in
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Table 4.—Remedial Actions Taken i
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Table 5.—Industrial Distribution
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Table 6.—Geographic Distribution
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Table 7.-Analysis of Methods of Dis
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it! All C cases CA cases CB cases C
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Stage of disposition ' Table 8.-Dis
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Table 10.-Analysis of Methods of Di
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Table 11A.—Analysis of Elections
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Table 13.-Final Outcome of Represen
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Participating unions AFL-CIO v. AFL
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Table 14.-Valid Votes Cast in Repre
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Participating unions AFL-CIO v. AFL
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144 0 Table 16.-Industrial Distribu
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1.) LA, iv Table 17.-Size of Units
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Table 18.-Distribution of Unfair La
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Table 19.-Litigation for Enforcemen
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Table 20.—Injunction Litigation U
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1 - National Labor Relations Board

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