NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES VSTABLISHED 75 the reinstatement was to be for a 4-month trial period. The Board further ordered that the employer was to continue her in its employ as a regular worker if her earnings during the last 3 weeks of the trial period equalled or exceeded the statutory minimum. Similarly, in Matter of Phelps Dodge Corporation," where one of the men discriminatorily denied reinstatement was said by the employer to have been rejected because he suffered from silicosis, the Board conditioned his reinstatement upon the production by him of a doctor's certificate attesting to his fitness for work. To meet a situation in which the employer moved his plant to another community in order to rid himself of the union the Board required the employer either to return his business to the city from which it had been removed and there to reinstate the employees discharged at the time of the removal, or to reinstate these employees at the new plant.78 In addition to requiring the reinstatement of an employee discriminated against, the Board usually orders the employer to make such employee whole for the loss of pay that he has suffered, a loss which is usually measured by the difference between the amount which he normally would have earned had the unfair labor practices not occurred and the amount of his net earnings during the period of discrimination. The Board in each case patterns the back-pay order to the circumstances of the case."' Thus, in Matter of Ford Motor Compang, 8° the Board found that the employer had locked out its employees in violation of section 8 (3) of the Act. When the plant reopened, the company rehired some of the lock-out victims, but for the most part, it followed a discriminatory reinstatement policy which resulted in the denial of reinstatement to many of the lock-out victims. The union of which these employees were members called a strike in protest against the discriminatory reinstatement policy. Certain of its members who had been rehired left their jobs to participate in the strike. As to these employees, the Board held that they should receive back pay only from the date of their application for reinstatement pursuant to the Board's order. As to the strikers who were victims of the lock-out and who had never been reinstated the Board held that they should receive back pay from the date of the lock-out, and that their having gone on strike should not suspend the accrual of their back pay.83 In some cases a discriminatory discharge entails the loss of job perquisites such as the occupation of a dwelling, 82 or an insurance policy.83 The Board requires the employer in such case to restore TT Matter of Phelps Dodge Corporation, Copper Queen Branch, Smelter Division and Southern Arizona Smeltermen's Union, Local No. 470, International Union of Mine, Mill and Smelter Workers, C. I. 0., 28 N. L. R. B., No. 73. " Mat ter of Isaac Schieber, A. J. Rosenberg, and Ben L. Shifrin (the last officers and directors of Schieber Millinery Co.) as trustees of Schieber Millinery Co. and Isaac Schieber, Individually, and Allen Hat Co. and United Hatters, Cap and Millinery Workers' International Union (A. F. L.), 26 N. L. R. B., No. 99. If the employer chose to reinstate the employees at the new plant, he was to pay whatever reasonable expenses they would incur in transporting themselves and their families to the new location. 7° Fourth Annual Report, p. 101; Fifth Annual Report, p. 74. so Matter 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. Si Cf. Fourth Annual Report, p. 102, note 37. "Such was the case in Matter of Great Western Mushroom Company and United Cannery, Agricultural, Packing, and Allied Workers of America, United Mushroom Workers Local Union No. 300 (C. I. 0.), 27 N. L. R. B., No. 79. 83 See Matter of Sorg Paper Company and United Paper Workers, Local Itulustrial Union No. 112 (C. I. 0.), 25 N. L. R. B., No. 104. 427441-42-6
76 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD the benefits of which the employee has been deprived. Thus, in the Great Western case the Board ordered the employer to restore to the discharged employee the occupancy of a dwelling, which he had been permitted to occupy in part compensation for his services as an employee '• it also required the employer to pay the employee the amount he had expended for rent while he had been deprived of possession. As pointed out in the Third Annual Report, 84 amounts earned elsewhere during the period of discrimination are excluded from the sum to be paid. Following the decision of the Supreme Court in Republic Steel Corp v. N. L. R. B.,85 the Board considers as deductible earnings monies received for work performed upon Federal, State, county, municipal, or other work-relief projects. The Fifth Annual Report," describes a method which the Board has used to apportion a lump-sum back-pay award among a group of employees discriminated against, where the unfair labor- practices occurred under circumstances which left the individual victims unidentifiable. During the past fiscal year the Board has on several occasions used similar lump-sum formulas, adapted, of course, to the varying circumstances of each case, as a method of making equitable back-pay awards." ORDERS IN CASES IN WHICH THE BOARD HAS FOUND THAT AN Eil:PLOYER HAS ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (1) OF THE ACT Upon finding that an employer has engaged in unfair labor practices • within section 8 (1) the Board orders the employer to cease and desist therefrom. In addition, the Board has frequently ordered an employer to cease and desist from the specific acts, violative of section 8 (1), in which he has engaged." In Matter of United Dredging Company," for example, the employer was ordered to cease and desist from interfering with its employees exercise of the rights guaranteed in section 7 of the Act "by interfering with their receipt through the mail of union literature aboard the Lake Fithian [the dredge on which the employees lived and worked]." At times the Board, upon finding that an employer has violated section 8 (1) of the Act, has deemed it necessary in order to effectuate the policies of the Act to require him to take affirmative action. Thus, where the employer refused to admit union representatives to its logging camps under circumstances which rendered that refusal a violation of section 8 (1) of the Act, the, Board required the employer "upon request by one or more of its employees 9° who live at one or 84 At p. 202. 88 311 U. S. 7. "At pp. 74-76. ,"( See in this connection, Matter of Ford Motor Company, a Corporation, [Richmond, California] and United Automobile Workers of America, Local No. 560, C. I. 0., 29 N. L. R. B., No. 134; Matter of Ford Motor Company, [Kansas City, Missouri], a Corporation and International Union, United Automobile Workers of America, Local Union No. 249, 31 N. L. R. B., No. 170; Matter of F. W. Woolworth Company and F. W. Woolworth Co. of France and United Wholesale (6 Warehouse Employees of New York, Local 65, United Retail d Wholesale Employees of America (C. I. 0.), 25 N. L. R. B., No. 127; enf'd. as mod. in F. W. Woolworth Co. v. N. L. R. B., 121 F. (2d) 658 (C. C. A. 2). 9° See the Third Annual Report, at p. 206: and the Fourth Annual Report, at p. 103. 89 Matter of United Dredging Company, New Orleans, Louisiana and Inland Boatmen's Division, National Maritime Union, Gitlf District (C. I. 0.), 30 N. L. R. B. No. 118. 8, Upon request of the employer and the union the Board modified its order by changing the phrase "one or more of Its employees" to "five or more of its employees." See 82 N. L. R. B., No. 59.
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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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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 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
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
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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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