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NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES ESTAISLISUEL-ED 53<br />

An interesting instance of employer support to labor organizations<br />

which the employer favored was presented in Matter of American<br />

Enka Corporation and Textile Workers Union No. 22429 (AFL) .62<br />

After the issuance of a Board complaint charging the company with<br />

having dominated certain bargaining committees which had been<br />

established in its plant, the company notified its employees of its<br />

willingness to defend these committees and polled the employees on<br />

whether or not it should oppose the Board's proceeding, in a manner<br />

clearly revealing its partiality for the committees. .<br />

At times the subservience of a labor organization to the will of<br />

the employer is plainly revealed by its actions. Thus, in Matter of<br />

Delaware-New Jersey Ferry Company, 63 two bargaining committees,<br />

originally formed at the employer's suggestion as a buffer against<br />

outside unions, became wholly inactive on the suspension of organizational<br />

activity by the outside unions. But when such activity was<br />

renewed, the committees were revived and were again used as a vehicle<br />

for .thwarting the membership campaign of the outside unions to which<br />

the employer was opposed.<br />

A striking illustration of the use by an employer of a companydominated<br />

union as a component of its effort to crush an outside union<br />

is presented in Matter of Ford Motor Company. 64 While the plant<br />

was shut down following a discriminatory lock-out to discourage membership<br />

in the outside union, an unaffiliated labor organization, called<br />

the Blue Card Union, came into existence. Aided by companyinspired<br />

statements that membership in the Blue Card Union would<br />

be a condition of reemployment, the Blue Card Union organizers<br />

succeeded in gaining many recruits. When the plant reopened, the<br />

Blue Card Union was in effect given "the employer's prerogative of<br />

hiring employees." Further to impress upon the employees its approval<br />

of the Blue Card Union, the company rewarded the more prominent<br />

adherents of the organization with wage increases; it also installed<br />

a cafeteria and a parking lot at the mere request of the favored<br />

union. These tactics resulted in the apparent displacement of the<br />

outside union and the purported substitution of the Blue Card Union<br />

as the bargaining representative of the employees reinstated.<br />

. Equally successful in preventing employees from exercising their<br />

right to self-organization were the employer tactics pursued in Matter<br />

of Weirton Steel Company and Steel Workers Organizing Committee,65<br />

in which an employer-dominated representation plan 66 was but-<br />

82 27 N. L. R. B., No. 171, enfd in American Enka Corp. v. N. L. R. B., 119 F. (2d) 60<br />

(C. C. A. 4)<br />

"Matter of Delaware-New Jersey Ferry Company and United Marine Division Local<br />

No. 333 (A. F. L.). 30 N. L. R. B., No. 120.<br />

u Matter of Ford Motor Company [Kansas City, Mo.] and International Union United<br />

Automobile Workers of America Local Union No. 249, 31 N. L. R. B., No. 170.<br />

C6 32 N. L. R. B., No. 179.<br />

" In reviewing the facts impelling it to find that the plan was company-dominated,<br />

the Board stated :<br />

"In sum, the respondent formed the Plan ; procured its adoption by employees ; determined<br />

its essential nature, as an unaffiliated organization in which participation, and<br />

the chances of control, by the rank and file employees, are reduced to a minimum ; during<br />

the crucial formative period, had express authority to veto amendment of the Plan and<br />

to terminate It; participated in administering the Plan and amending the governing Instrument;<br />

subsidized the Plan by large annual and other payments to it, by payment of a<br />

salary to the Plan chairman while he devoted his entire time to Plan business, by payment<br />

of a special monthly salary to the employee representatives, by other special payments<br />

to them, by payment of special compensation to Plan election committeemen, and<br />

by permission to the employees to engage in Plan activity on company time and property ;<br />

delegated management power to it in connection with the special watchmen and the

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