1 - National Labor Relations Board

52 Thirty-fourth Annual Report of the National Labor Relations Board
election based on conduct occurring prior to the filing of the
petition, (2) that the assisted union could appear on the ballot
and be certified if it won, and (3) that, if the assisted union
was certified, no further action be taken to enforce the Board's
order on the 8(a) (2) violations. In the exercise of its discretion
to approve the waiver, the Board concluded that under the
circumstances a further delay in affording the employees an
opportunity to select a representative was not warrented. Relying.
as a precedent for its action on the Carlson Furniture case,24
where it accepted a written request to proceed where the remedy
for the 8(a) (2) violation merely required the withdrawing and
withholding of recognition, the Board concluded that the dues
disgorgement requirement of the remedy in this case did not
require a different result. It pointed out that neither the waiver
nor the results of an election if directed would affect the Board's
right to enforcement of the disgorgement remedy and that its
acceptance of the request to proceed should not be so construed.
As the election thus could not affect in any manner the reimbursement
of moneys collected under the illegal contract, the
Board rejected a contention that the petitioning unions could
claim that the dues disgorgement would follow only if the petitioning
unions, and not the assisted one, were selected by the
employees. It emphasized that the "specified condition for a request
to proceed as it relates to the concurrent complaint case
is the affirmative indication by the petitioner-charging party of
a willingness to withdraw an 8(a) (2) assistance charge in the
event the subject union is certified. Approval of any withdrawal
remains in the Board's discretion. . . ." 25
C. Units Appropriate for Bargaining
1. Single-Location Units in Multiple-Location Enterprises
The appropriateness of a unit of employees at a single location
in a retail store chain or other multiple-location enterprise
was again 26 an issue in cases considered by the Board during the
report year. In the May Department Store case, 27 the petitioning
union sought separate units at each of 3 of the employer's 12
24 157 NLRB 851 (1966).
22 Chairman McCulloch and Members Brown, Jenkins, and Zagoria for the majority. Member
Fanning, dissenting, would not grant a waiver unless the results of the election would dispose
of the entire proceeding, which it did not do in this case.
24 See Thirty-third Annual Report (1968) , pp. 51-53; Thirty-second Annual Report (1967),
pp. 58-61.
27 175 NLRB No. 97.