1 - National Labor Relations Board

Unfair Labor Practices 77
cumstances which indicate actual prejudice to the integrity of
the collective-bargaining relationship.
C. The Bargaining Obligation
Section 8(a) (5) makes it an unfair labor practice for an employer
to refuse to bargain in good faith about wages, hours,
and other terms and conditions of employment with the representative
selected by a majority of the employees in an appropriate
unit.
Section 8(b) (3) prohibits a labor organization from refusing
"to bargain collectively with an employer, provided it is the
representative of his employees subject to the provisions of section
9 (a)." The requisites of good-faith collective bargaining are
set forth in section 8(d) of the Act.15
1. Proof of Representatives' Majority Status
It is well settled that the Board's election process, although
the preferred manner whereby a union may establish its majority
status, is not the only way of doing so. In those circumstances
where an employer's actions in refusing to recognize a union
would be violative of section 8 (a) (5) if the union were in fact
the majority representative, other methods of establishing that
status, such as valid authorization cards, may be relied on by
the Board. 16 In one case 17 in which the Board considered the
adequacy of authorization cards to establish the majority status
of a union, it was again called upon to pass on the contention
that the cards were invalid because obtained upon representations
that they were to be used to obtain a Board election. Rejecting
this contention, the Board held that such a representation
did not provide sufficient basis in itself to vitiate an unambiguously
worded authorization card on any theory of misrepresentation
as to purpose, where there was no representation that
the only purpose was to get an election.
The Board noted that the central inquiry in determining the
effect to be given the cards is whether the employees manifested
an intent to designate the union as their bargaining agent by
" As defined by sec. 8(d) of the Act, the statutory duty to bargain includes the duty
of the respective parties "to meet at reasonable times and confer in good faith with respect
to wages, hours, and other terms and conditions of employment, or the negotiation of an
agreement, or any question arising thereunder, and the execution of a written contract incorporating
any agreement reached if requested by either party." However, "such obligation does
not compel either party to agree to a proposal or require the making of a concession."
" See, e.g., Thirty-third Annual Report (1968), pp. 88-90.
" McEwen Mf g. Co. & Washington Industries, 172 NLRB No. 99.