NATIONAL LABOR RELATIONS BOARD

More documents

Recommendations

Info

IV. PRINCIPLES ESTAISLISUEL-ED 53 An interesting instance of employer support to labor organizations which the employer favored was presented in Matter of American Enka Corporation and Textile Workers Union No. 22429 (AFL) .62 After the issuance of a Board complaint charging the company with having dominated certain bargaining committees which had been established in its plant, the company notified its employees of its willingness to defend these committees and polled the employees on whether or not it should oppose the Board's proceeding, in a manner clearly revealing its partiality for the committees. . At times the subservience of a labor organization to the will of the employer is plainly revealed by its actions. Thus, in Matter of Delaware-New Jersey Ferry Company, 63 two bargaining committees, originally formed at the employer's suggestion as a buffer against outside unions, became wholly inactive on the suspension of organizational activity by the outside unions. But when such activity was renewed, the committees were revived and were again used as a vehicle for .thwarting the membership campaign of the outside unions to which the employer was opposed. A striking illustration of the use by an employer of a companydominated union as a component of its effort to crush an outside union is presented in Matter of Ford Motor Company. 64 While the plant was shut down following a discriminatory lock-out to discourage membership in the outside union, an unaffiliated labor organization, called the Blue Card Union, came into existence. Aided by companyinspired statements that membership in the Blue Card Union would be a condition of reemployment, the Blue Card Union organizers succeeded in gaining many recruits. When the plant reopened, the Blue Card Union was in effect given "the employer's prerogative of hiring employees." Further to impress upon the employees its approval of the Blue Card Union, the company rewarded the more prominent adherents of the organization with wage increases; it also installed a cafeteria and a parking lot at the mere request of the favored union. These tactics resulted in the apparent displacement of the outside union and the purported substitution of the Blue Card Union as the bargaining representative of the employees reinstated. . Equally successful in preventing employees from exercising their right to self-organization were the employer tactics pursued in Matter of Weirton Steel Company and Steel Workers Organizing Committee,65 in which an employer-dominated representation plan 66 was but- 82 27 N. L. R. B., No. 171, enfd in American Enka Corp. v. N. L. R. B., 119 F. (2d) 60 (C. C. A. 4) "Matter of Delaware-New Jersey Ferry Company and United Marine Division Local No. 333 (A. F. L.). 30 N. L. R. B., No. 120. u Matter of Ford Motor Company [Kansas City, Mo.] and International Union United Automobile Workers of America Local Union No. 249, 31 N. L. R. B., No. 170. C6 32 N. L. R. B., No. 179. " In reviewing the facts impelling it to find that the plan was company-dominated, the Board stated : "In sum, the respondent formed the Plan ; procured its adoption by employees ; determined its essential nature, as an unaffiliated organization in which participation, and the chances of control, by the rank and file employees, are reduced to a minimum ; during the crucial formative period, had express authority to veto amendment of the Plan and to terminate It; participated in administering the Plan and amending the governing Instrument; subsidized the Plan by large annual and other payments to it, by payment of a salary to the Plan chairman while he devoted his entire time to Plan business, by payment of a special monthly salary to the employee representatives, by other special payments to them, by payment of special compensation to Plan election committeemen, and by permission to the employees to engage in Plan activity on company time and property ; delegated management power to it in connection with the special watchmen and the
54 SUCTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD tressed by a second organization," formed to provide the plan with a rank and file membership in order to combat more effectively the outside union. E. INVESTIGATION AND CERTIFICATION' OF REPRESENTATIVES Section 9 (c) of the Act provides that— Whenever a question affecting commerce arises concerning the representation of employees, the Board may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Board shall provide for an appropriate hearing upon due notice, either in conjunction with a proceeding under section 10 (c) or otherwise, and may take a secret ballot of employees, or utilize any other suitable method to ascertain such representatives. By virtue of section 9 (a) of the Act, representatives designated or selected for the purposes of collective bargaining by a majority of the employees in an appropriate unit are the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. For an employer to refuse to bargain collectively with such representatives is, by virtue of section 8 (5), an unfair labor practice which the Board is empowered to prevent. When representatives have been selected by a majority of the employees in an appropriate bargaining unit, the employer's duty to bargain is clear. Frequently, however, a bona fide doubt may exist as to whether or not a majority of the employees in an appropriate unit have selected such representatives. Until resolved, such uncertainty constitutes a formidable obstacle to the practice and procedure of collective bargaining. Section 9 (c) is designed to remove this obstacle by creating machinery for the determination of such representatives." As stated in segtion 9 (c), this investigatory power may be exercised in conjunction with a proceeding under section 10 to determine whether an employer has committed an unfair labor practice, but the proceeding under section 9 (c) is separate and apart from proceedings involving unfair labor practices. Thus, a proceeding under section 9 (c) results merely in certification that a particular representative has been chosen by a majority of the employees in an appropriate unit, if such in fact is the case, and does not result in an order requiring the employer to cease and desist from an unfair labor practice or to take any affirmative action. tin-mill reorganization ; encouraged affiliation with the Plan by discrimination in regard to hire and tenure of employment and by other acts of interference, restraint, and coercion ; and contributed further support to the Plan, in connection with its elections and other activities through the Bulletin, the Security League, and the Community League." 6, With respect to the Security League [the labor organization formed to provide the Plan with a rank and file membership], the Board summarized its findin gs as follows "The respondent—acting through officials and other supervisory employees, employee representatives, and the Plan, the Tlulletin, the Community League, and affiliated banks— formed the Security League ; subsidized it by contributions, loans, free advertising, check-off, and donation of company time and property ; participated in the administration of the Security League ; aided it by solicitation, editorials, cartoons, and other coercive publicity in connection with a loyalty pledge, insi gnia, demonstrations, membershi p campaigns, and other league activities ; and encouraged membership in the Security League by numerous other acts of interference, restraint, coercion, and discrimination. The Security League, Including its various units, was a potent device, by which the respondent succored the Plan and frustrated the S. W. 0. C. Moreover, in view of the integral relationship between the Plan and the Security League, including its several units, it is clear that by virtue of the respondent's interference with, support, and domination of, the Plan, it has Interfered with, supported, and dominated the Security League." 66 An investigation under sec. 9 (c) involves the determination of many questions which also arise in proceedings involving unfair labor practices, and are treated elsewhere. See sec. F, infra, as to what constitutes proof of majority ; sec. G, infra, concerning the appropriate unit ; and ch. VI, infra, on jurisdiction.
Page 1 and 2:
SIXTH ANNUAL REPORT OF THE NATIONAL
Page 3 and 4:
NATIONAL LABOR RELATIONS BOARD WILL
Page 6 and 7:
TABLE OF CONTENTS Chapter Page I. A
Page 8 and 9:
SIXTH ANNUAL REPORT OF THE NATIONAL
Page 10 and 11: I. A SUMMARY 3 In dealing with disp
Page 12 and 13: I. A SUMMARY 5 report is used as a
Page 14 and 15: ClIAPTE11 It THE NATIONAL LABOR REL
Page 16 and 17: II. THE NATIONAL LABOR RELATIONS ;
Page 18 and 19: III. STATISTICAL RECORD OF BOARD AC
Page 20 and 21: Ill. ,STATISTICAL RECORD OF BOARD A
Page 30 and 31: Metal mining Coal mining Crude petr
Page 36 and 37: TABLE 1 1.-Number of cases and numb
Page 38 and 39: Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 62 and 63: IV. PRINCIPLES 'ESTABLISHED 55 I. I
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 68 and 69: IV. PRINCIPLES 'ESTABLISHED 61 vote
Page 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 88 and 89: V. JURISDICTION 81 and outgoing int
Page 90 and 91: CHAPTER VI LITIGATION A decided inc
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 104 and 105: VI. LITIGATION 97 Court ruled that
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111:
VI. LITIGATION 103 D. SPECIAL LITIG
Page 112 and 113:
VI. LITIGATION 105 B. APPLICATION O
Page 114 and 115:
APPENDIX A REGIONAL OFFICES—LOCAT
Page 116 and 117:
APPENDIX A Region 11, Architects In
Page 118 and 119:
APPENDIX B CASES HEARD DURING THE F
Page 120 and 121:
APPENDIX B 113 Jackson Cookie Co.,
Page 122 and 123:
APPENDIX B 115 Western Printing Co.
Page 124 and 125:
APPENDIX B 117 Chrysler Corporation
Page 126 and 127:
APPENDIX B 119 Hardy Mfg. Co., owne
Page 128 and 129:
APPENDIX B 121 Missouri Rolling Mil
Page 130 and 131:
APPENDIX B 123 Selznick Internation
Page 132 and 133:
APPENDIX B 125 Westinghouse Electri
Page 134 and 135:
APPENDIX C 127 Vol. No. Fletcher Pa
Page 136 and 137:
APPENDIX C 129 Vol. No. Texarkana B
Page 138 and 139:
APPENDIX C 131 Vol. No. Sanderson,
Page 140 and 141:
APPENDIX c 133 Vol. No. Cambridge I
Page 142 and 143:
APPENDIX C 135 Vol. No. Gliden Buic
Page 144 and 145:
APPENDIX C 137 Vol. No. Lowenstein
Page 146 and 147:
APPENDIX C 139 Vol. No. Radio Wire
Page 148 and 149:
APPENDIX C 141 Vol. No. Universal P
Page 150 and 151:
APPENDIX C 143 Vol. No. General Mot
Page 152 and 153:
APPENDIX D 145 Valley Mould CC Iron
Page 154 and 155:
APPENDIX D 147 (b) Board orders enf
Page 156 and 157:
APPENDIX D 149 Circe-Simplex Corp.,
Page 158 and 159:
APPENDIX D 151 Seventh Circuit B. Z
Page 160 and 161:
APPENDIX D 153 Pacific Grape Produc
Page 162:
APPENDIX D 155 Eighth Circuit N. L.
show all

NATIONAL LABOR RELATIONS BOARD

Create successful ePaper yourself

Delete template?

Save as template?