NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES ESTABLISHED 73 ORDERS I;N CASES IN WHICH THE BOARD HAS FOUND THAT AN EMPLOYER HAS ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (2) OF THE ACT Under appropriate circumstances, the Board will order an employer to reimburse his employees for amounts deducted from their wages as dues for an employer-dominated organization under a checkoff arrangement.°9 The Board issued such an order in Matter of Kokomo Sanitary Pottery Corporation,'" notwithstanding that an unallocated portion of the amounts checked off for the benefit of the dominated organization had been used to pay premiums on accident insurance policies, of which the employees were the beneficiaries. ORDERS IN CASES IN WHICH THE BOARD H_AS FOUND THAT AN EMPLOYEE HAS ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (3) OF THE ACT In cases in which the Board has found that an employer has encouraged or discouraged membership in a labor organization by discrimination in regard to hire or tenure of employment or any term or condition of employment, it has normally ordered the employer to reinstate persons who have lost their employment because of the employer's discrimination. 70 Thus in Matter of Williams Motor Company, 71 the employer was found to have discontinued a department of its business to eliminate from its employ the union members who constituted the entire personnel of that department. The Board directed the employer (1) to reinstate the victims of its discrimination to their former jobs, if such positions were then available, "or to other available positions for which they [were] qualified," or (2) if such positions were not available, to place them on a preferential rehiring list; and (3) to offer them immediate reinstatement if it should reopen the department in which they had been employed.72 The Board has adhered to the view that in order to effectuate the policies of the Act, it will order the reinstatement of discriminatorily discharged employees, although they have since obtained other regular and substantially equivalent employment. The Board recently set forth its reasons for this determination in the Kansas City Ford case. 73 There the Board stated the following : The policies of the Act, expressly declared in the public interest, are to encourage the practice and procedure of collective bargaining and to protect 68 Third Annual Report, p. 199. (*Matter of Kokomo Sanitary Pottery Corporation and National Brotherhood of Operative Potters, Local No. 26 (A. F. L.), 26 N. L. R. B.. No. 1. "'Third Annual Report, pp. 199-204, 209-211; Fourth Annual Report, pp. 98-102, 104-105; Fifth Annual Report, pp. 73-76. 71 Matter of Williams Motor Company and Lodge 106, International Association of Machinists, A. F. of L. and Williams Motor Company Employees Union, Party To The Contract, 31 N. L. R. B., No. 122. 72 Mr. Edwin S. Smith, in a separate opinion, stated that he would require the employer to reinstate the employees immediately, and if such a course were necessary to provide employment for them, that he would order the employer to reopen the department in which they had been employed. Cf. Matter of Newton Chevrolet, Inc. and Intl Asen of Machinists, Automotive Machinists Lodge, No. 1001, 37 N. L. Ft. B., No. 57, decided after the close of the fiscal year. 7, Matters of Ford Motor Company [Kansas City, Missouri], and International Union, United Automobile Workers of America, Local Union No. 249, 31 N. L. R. B., No. 170.
74 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD the exercise by employees of full freedom of self-organization. To withhold the normally appropriate remedy of reinstatement merely because the object of discrimination has obtained compensatory employment would not effectuate these public policies ; indeed, it would reduce them, contrary to the intent of Congress, 74 to mere vindication of private rights and restitution for private wrongs. Our power to order affirmative relief was conferred, and it is our duty to exercise it, to the end that conditions permitting free exercise of the publicly significant rights of self-organization and collective bargaining shall, when destroyed or disrupted, be restored. The Act postulates, and the fact is readily verified by common experience, that antiunion discrimination exercises a coercive effect not only upon the immediate victim, but upon all present or future employees of the particular employer ; it impresses upon them the danger to their welfare and security associated with membership in or activity on behalf of a labor organization. Accordingly, the purpose of the order to offer reinstatement is not only to restore the victim of discrimination to the position from which he was unlawfully excluded, but also, and more significantly, to dissipate the deeply coercive effects upon other employees who may desire self-organization, but have been discouraged therefrom by the threat to them implicit in the discrimination. This essential reassurance can be afforded—freedom can be reestablished—only by a demonstration that the Act carries sufficient force to restore to work anyone who has been penalized for exercising rights which the Act guarantees and protects ; the acquisition of equivalent employment is no more relevant to this purpose than the acquisition of non-equivalent employment, or of no employment at all. Further, it is a demonstrated fact of which we take notice that necessity almost inevitably compels a discharged employee to seek the best available other employment. If reinstatement were rendered inappropriate by reason of success in that search, the employer would be able, through elimination of union adherents, at once to impede or terminate exercise of the right of self-organization in his plant and at the same time to perpetuate his advantage by relying upon the victims' necessity of earning a livelihood elsewhere to assure their permanent riddance. This would afford a ready means for complete and final ouster of those prominent in the employees' efforts at self-organization. For the foregoing reasons, we conclude that the mere obtainment of substantially equivalent employment, and evidence pertaining thereto, is irrelevant to considerations decisive of the question whether reinstatement effectuates the policies of the Ac-t. These decisive considerations do not vary from case to case. Accordingly, we find that it will effectuate the policies of the Act to require the respondent to offer reinstatement to all individuals who we have found were victims of discrimination, whether or not they, or any of them, may have obtained other regular and substantially equivalent employment. In several other cases also the employer has sought to be relieved of the obligation to reinstate a victim of discrimination. One reason advanced in support of such a request was that the reinstatement of the employee would offend a compan y rule that only one member of a family should be employed. The Board, pointing out "that rthe employee] was not dismissed pursuant to this rule, but because of his union membership and activities," overruled the company's objection to his reinstatement." In Matter of Hawk & Buck CQmpauy, Inc.," a piece-work operator was found to have been discriminatorily transferred to her last job and then discriminatorily discharged therefrom. She had been able prior to the transfer ' but unable thereafter, to earn the minimum wage prescribed by the Fair Labor Standards Act. The Board directed the employer to reinstate the employee but provided that " Section 1 of the Act ; House Report No. 1147, 74th Cong...1st Sees., p. 24: Amalgamated Utility Workers v. Consolidated Edison Co., 309 TJ. S. 261, 266, 269; National Licorice Co. V. National Labor Relations Board, 309 U. S. 350, 362. 7, Matter of Montgomery Ward & Company, Incorporated and United Mail Order and Retail Employees of Kansas City, Local 131, affiliated with the United Retail and Wholesale Employees of America, C. I. 0., 31 N. L. R. B., No. 134. 70 matter of Hawk i Buck Company, Inc. and United Garment Workers of America, Local No. 229 (A. F. L.), 25 N. L. R. B., No. 94.
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
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I. A SUMMARY 5 report is used as a
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ClIAPTE11 It THE NATIONAL LABOR REL
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II. THE NATIONAL LABOR RELATIONS ;
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III. STATISTICAL RECORD OF BOARD AC
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Ill. ,STATISTICAL RECORD OF BOARD A
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Page 26 and 27:
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Page 30 and 31: Metal mining Coal mining Crude petr
Page 32 and 33: III. STATISTICAL RECORD OF BOARD AC
Page 34 and 35: III. STATISTICAL RECORD OF BOARD AC
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 60 and 61: IV. PRINCIPLES ESTAISLISUEL-ED 53 A
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 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
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APPENDIX B 123 Selznick Internation
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APPENDIX B 125 Westinghouse Electri
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APPENDIX C 127 Vol. No. Fletcher Pa
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APPENDIX C 129 Vol. No. Texarkana B
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APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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NATIONAL LABOR RELATIONS BOARD

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