NATIONAL LABOR RELATIONS BOARD

90 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
incited employees to violence by dominating a labor organization
engaged in violence," and by permitting antiunion employees violently
to evict union members from the plant."
Other interference.—It has also been held to be a violation of section
8 (1) for an employer to contribute funds to the local mayor
and "citizens' committee" to promote their antiunion and strikebreaking
activity," to permit, without repudiation, prominent community
figures and publications to publicize the employer's hostility
toward labor organizations, 51 to induce employees to subscribe to a
stock purchase plan providing that the employees would not request
a wage increase,52 and to interfere with an election conducted by the
Board by refusing to post notices of the election and by threatening
and intimidating the employees if they participated therein."
UNFAIR LABOR PRACTICES—SECTION 8 (2)
In the main, litigation under section 8 (2) during the past year
has involved the application of principles already established, rather
than development of new principles. Of notable importance, however,
are the decisions of the Supreme Court recognizing the subtlety
of the pressures which the Board, as an experienced specialized tribunal,
must appraise in the light of the "whole congeries of facts" 64
and of the "imponderables permeating" the record. 55 "The detection
and appraisal of such imponderables are indeed one of the essential
functions of an expert administrative agency." 66 These considerations
are especially important in connection with the question of assistance
to labor organizations, for, as the Court noted :
Known hostility to one union and clear discrimination against it may indeed
make seemingly trivial intimations of preference for another union powerful
assistance for it. Slight suggestions as to the employer's choice between unions
may have telling effect among men who know the consequences of incurring
that employer's strong displeasure.'57
Subtle manifestations may be as effective as direct. 58 -
Assistance to one labor organization by expression of hostility to
another has been noted in several of the decisions of "the various
circuit courts of appeals. 58 Other forms of assistance have included
securing of bank loans," use of undercover operatives to spy upon
activities of a rival organization, 81 distribution by the employer of
ballots providing an opportunity to vote for a "company union"
0 Eagle-Picher Mining (C Smelting Co. v. N. L. R. B.. 119 F. (2d) 903, 910 (C. C. A. 8)
45 N. L. R. B. v. Genera/ Motors Corp., 116 F. (2(1) 306. 309-310 (C. C. A. 7).
5° Bethlehem Steel Co v. N. L. R. B., 120F. (2d \ 641, 646 (C. A. D. C.).
51 N. L. R. B. v. Ekland Leather Co., 114 (26) 221, 223 (C. C. A. 38).
N. L. R. B. v. Vincennes Steel Corp., 117 F. (26) 169, 171-174 (C. C. A. 7).
"New York Handkerchief Mfg. Co. V. N. L. R. B., 114 F. (2d) 144, 147 (C. C. A. 7).
MN L. R. B. v. Link-Belt Co., 311 U. S 584. :188.
55 International A88'n of Machinists v. N. L. R.. B., 311 U. S. 72, 79.
0 Ibid.
57 Diem, at 78.
55 Link-Belt case, supra, n. 54, at 599.
56 New Idea, Inc. v. N. L. R. B., 117 F. (2d) 517, 523 (C. C. A. 7) ; Texas Co. v. N. L. R. B.,
119 F. (2c1) 23, 24-26 (C. C. A. 7) ; N. L. R. B. v. Superior Tanning CO., 117 F. (20) 881.
887-888 (C. C. A. 7) ; N. L. R. B. V. Texas Mining and Smelting Co.. 117 F. (26) 86, 89
(C. C. A. 5); N. L. S. B. v. Moltrup Steel Products Co.. 121 F. (26) 612, 616 (C. C. A. 3) ' '
N. L. R. B. v. Blossom Products Corp., 121 F. (26) 260, 261-262 (C. C. A. 3) ; N. L. R. B.
V. Aluminum Products Co., 120 F. (2d) 567, 569-572 (C. C. A. 7) ; N. L. R. B. V. -West Texas
Utilities Co., 119 F. (26) 683, 685 (C. C. A. 5).
5° Eagle-Picher Mining & Smelting Co. V. N. L. R. B. 119 F. (26) 903, 908-909 (C. C. A. 8).
In Bethlehem Steel Co. V. N. L. R. B., 120 F. (26) 641, 647 (C. A. D. C.) •, N. L. R. B. V.
Dow Chemical Co., 117 F. (26) 455, 457-458 (C. C. A. 6). It has been held that there
need be no showing that any specific use was made of the information obtained by labor
spies or that the employees knew they were being watched. Bethlehem . Steel case, supra,
at p. 647.