NATIONAL LABOR RELATIONS BOARD

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I V. PRINCIPLES ESTABLISHED 77 more of [its] camps, and under lawful and reasonable conditions not more onerous than those imposed on other persons, to admit to such camp or camps representatives of labor organizations." 91 PRECAUTIONARY ORDKRB Section 10 (c) authorizes the Board, upon finding that an employer has engaged in unfair labor practices, to order the employer "to take such affirmative action * * * as will effectuate the policies of this act." Accordingly, if an employer commits unfair labor practices from which it is clear that he is predisposed to commit other unfair labor practices the Board has sought to prevent such further violations of the Act by an appropriate precautionary order. 92 In Matter of The Barre Wool Combing Company, Limited and Federal Labor Union No. 21928, Textile Workers (A. F. L.)," the Board held that the discharge of 12 employees was caused, not by their union membership, but by the nondiscriminatory application of a company rule that no more than 4 members of a family would be retained in the company's employment at times when business was slack. The company was found, however, to have violated section 8 (1) and (2) of the Act. In view of the grave danger that the employer might not rehire these employees if changes should occur that would permit of their reemployment, the Board directed the employer to place these employees on a preferential rehiring list. I. MISCELLANEOUS This section deals with various problems of parties, pleading, practice, and procedure which have been raised and discussed in the Board's decisions. In Matter of Schieber Millinery Company," after a 'corporation, the stock of which was owned by an individual, had engaged in unfair labor practices, it went into liquidation and was succeeded by a new corporation organized by the same stockholder. The Board found that the new corporation removed the plant to another city to rid itself of the union, and that it thereby engaged in unfair labor practices. The Board held in the circumstances that the stockholder was "the real party in interest who must be held responsible under any appropriate order which the Board might enter." It also directed the new corporation to remedy the unfair labor practices, stating, "It would defeat the purposes of the Act to permit * * * [the stockholder] to take refuge behind the corporate entity of * * * [the new corporation]." Matter of Weyerhaeuser Timber Company, Longview Branch and International Woodworkers of America, Local Union No. 36 (O. I. 0.), 31 N. L. R. B., No. 40. As has heretofore been noted (supra, p. 13, note 23), the charging union was certified as the statutory representative of the company's employees subsequent to the issuance of the Board's decision. It thereafter requested the Board to modify the above-quoted order so as to restrict the richt of access to its own representatives. The Board denied its application as incompatible with the Act. See also Matter of Cities Service 0i/ Company and National Maritime Union of America (C. I. 0.), at al., 25 N. L. R. B., No. 12; enf'd as mod. in N. L. R. B. V. Cities Service Oil Co., 122 F. (2d) 149 (C. C. A. 2). See in this connection the Fourth Annual Report, pp. 108-109. 93 28 N. L. R. B.. No. 14. 94 Matter of Isaac Schieber, A. J. Rosenberg and Ben L. Shifrin (the last officers and directors of Schieber Millinery Company) as Trustees of Schieber Millinery Company and Isaac Schieber, individually and Allen Hat Company and United Hatters, Cap and Millinery Workers' International Union (A. F. L.), 26 N. L. R. B., No. 99.
78 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD In Matter of Merrimack Manufacturing Company," the employer contended that the Board was without jurisdiction to determine whether a discharge was in violation of the Act where the evidence showed that the employee had failed to observe the grievance procedure provided for in a collective agreement between the employer and the union of which he was a member. In rejecting that contention, the Board stated : "Section 10 (a) of the Act confers on the Board exclusive power to prevent unfair labor practices, unfiffected by any 'other means of adjustment established by agreement or etherwise." 06 In Matter of Reliance Manufacturing Companyr the Board construed Section 31 of Article II of its Rules and Regulations—Series 1, as amended. 98 During the hearing, the president of the company refused on cross-examination to answer a question relating to the removal of machinery from one of the company's plants. Although the witness had testified on direct examination to other matters as well as with respect to the subject of the question that he had refused to answer, the Trial Examiner struck all of his testimony from the record because of his contumacy. This ruling was modified by the Board to conform with section 31 of its rules by restricting its scope to matters "related" to the subject of the question which the witness had refused to answer. In Matter of Weirton Steel Company and Steel Workers Organizing Committee," the Board made several important rulings. The company contended that the Board's Rule governing the issuance of subpenas violated the due-process clause of the Constitution in that it required the employer to disclose to the Board the nature of the evidence sought to be elicited as a prerequisite to obtaining subpenas, whereas a similar requirement was not imposed on counsel for the Board. The Board pointed out that the asserted inequality did not prejudicially affect the employer since the Board has power to prevent its employees from abusing the ' Board's subpena power. The Board also held that there was no merit in the employer's contention that the removal of the hearing from the local community in which it had begun to a nearby city constituted a denial of due process since the employer made no showing that the removal prevented it from ' "offering a full defense." The employer's further contention that it suffered prejudice because of the length and complexity of the record was also found to be lacking merit. Matter of KokomoSanitary Pottery Company,' the employer failed to appear at the Board hearing held in December 1937. In 1939 it filed a petition to reopen the record for the purpose of affording it an opportunity to submit evidence relating to the merits of the case. In seeking to excuse its default in appearing at the 1937 hearing, the " Matter of Merrimack Manufacturing Company and Textile Workers Union of America, 31 N. L. R. B. No. 152. De Accord • N. L. R. B. v: Newark Morning Ledger Co., 120 F. (2d) p. 260, on rehearing (C. C. A. 3).. Di Mat ter of Reliance Manufacturing Company and Amalgamated Clothing Workers of America, et at., 28 N. L. R. B., No. 157. os Section 31 of the Board's rules provides : "• * * The refusal of a witness at any such hearing to answer any question which has been ruled to be proper shall be ground for the striking out of all testimony previously given by such witness on related matters." 32 N. L R. R.. No. 179. 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.
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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
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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 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
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
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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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