1 - National Labor Relations Board

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Representation Cases 71 vidual employees or nonemployees and that their conduct cannot probatively be attributed either to employer or to the union. The significant fact is that a free election was thereby rendered impossible." A similar result was reached in Landis Morgan Transportation, 91 where certain acts of sabotage committed by unknown persons prior to the election precluded "a rational coerced expression of choice." d. Secrecy of the Ballot Section 9(c) (1) of the Act requires all Board elections to be conducted by secret ballot. The Board enforced adherence to this policy in T & G Mfg.," where it refused to accept the stipulation of the parties that an employee's challenged but commingled ballot was cast for the union. In its view acceptance of such an agreement would not be consistent with the Board's purpose "of preserving the secrecy of the election process." As stated, "There is no way of ascertaining with certainty how the vote was cast. We will not permit solicitation of such information from the voter, nor allow the parties to stipulate how a voter exercised his franchise, for this would create the very opportunity for collusion, coercion, and election abuse the Board is committed to prevent." Similarly protective of the election process was the decision in J. Weingarten, 93 where the regional director had begun his investigation of a determinative ballot challenged by an incumbent union intervening in the election because of the alleged supervisory status of the voter. In sustaining the regional director's denial of a request, made during the investigation, to withdraw the challenge, the Board stated : Where, as here, the challenged ballot is still uncounted and not commingled with the other ballots, and the Regional Director's incomplete investigation has revealed that in all likelihood, the challenged voter is ineligible to vote because he is a supervisor, we hold that it is incumbent upon the Regional Director to complete his investigation and to resolve the issue as to the voter's status, notwithstanding a request to withdraw the challenge. pi General Truckdrivera, Warehousemen & Helpers Union, Loc. 980, Teamsters, 177 NLRB No. 51. " 173 NLRB No. 231. " 172 NLRB No. 228. 389-517 0 - 70 - 0
VI Unfair Labor Practices The Board is empowered under section 10(a) of the Act "to prevent any person from engaging in any unfair labor practice (listed in section 8) affecting commerce." In general section 8 prohibits an employer or a union or their agents from engaging in certain specified types of activity which Congress has designated as unfair labor practices. The Board, however, may not act to prevent or remedy such activities until a charge of an unfair labor practice has been filed with it. Such charges may be filed by an employer, an employee, a labor organization, or any other person irrespective of any interest he might have in the matter. They are filed with the regional office of the Board in the area where the alleged unfair labor practice occurred. This chapter deals with decisions of the Board during the 1969 fiscal year which involved novel questions or set precedents which may be of substantial importance in the future administration of the Act. A. Employer Interference With Employee Rights Section 8(a) (1) of the Act forbids an employer "to interfere with, restrain, or coerce" employees in the exercise of their rights as guaranteed by section 7 to engage in or refrain from engaging in collective-bargaining and self-organizational activities. Violations of this general prohibition may be a derivative or byproduct of any of the types of conduct specifically identified in paragraphs (2) through (5) of section 8(a), 1 or may consist of any other employer conduct which independently tends to interfere with, restrain, or coerce employees in exercising their statutory rights. This section treats only decisions involving activities which constitute such independent violations of section 8(a) (1). An unusual issue concerning permissible employer restrictions upon employee organizational activity and issues concerning the relevancy of motive in finding preelection benefits to be viola- 1 Violations of these types are discussed in subsequent sections of this chapter. 72
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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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PERCENT PERCENT 100 100 1111111 90
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it! All C cases CA cases CB cases C
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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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