NATIONAL LABOR RELATIONS BOARD

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VI. LITIGATION 91 when none is in existence = and employer interference with the attempts of non-affiliated craft organizations to combine into one industrial union or to affiliate with an outside organization.'" The courts have also noted as indicia of company domination and support, an employer's precipitate recognition of a labor organization without requiring it to prove its majority status," unusual readiness on the part of an employer to bargain, and a docile approach to collective bargaining on the part of the labor organization.66 It is also now established that a finding of company domination is not precluded by the fact that substantial gains have been obtained for the employees by the collective bargaining of the dominated organization.67 The continuing effect of assistance rendered to a predecessor union has also been noted.'" In accordance with well-established principle, nothing less than complete disestablishment of the predecessor can be deemed to wipe out the effects of the employer's unlawful ' practices, and even the employees' own earnest efforts to revise a dominated organization in accordance with the Act may not be sufficient to avoid continuing influence of the employer's unlawful domination of the old organization." UNFAIR LABOlt PRACTICES-- SECTION 8 (3) The prohibitions of section 8 (3) have received important clarification in cases decided during this year. Refusal to hire.—The long debated question whether a rejection of an applicant for a job because of his union affiliation constitutes discrimination violating section 8 (3) was definitively resolved by the Supreme Court in Phelps Dodge Corp. v. N. L. R. B. 7 ° The Court squarely held that a refusal to hire two employees "solely because of their affiliation with the Union was an unfair labor practice under section 8 (3)",71 stating : It is no longer disputed that workers cannot be dismissed from employment because of their union affiliations. Is the national interest in industrial peace less affected by discrimination against union activity when men are hired The contrary is overwhehningly attested by the long history of industrial conflicts, the diagnosis of their causes by official investigations, the conviction of public men, industrialists and scholars.72 62 N. L. R. B. V. Christian Board of Publication. 113 F. (2d) 678. 682 (C. C. A_ 8) ; N. L. R. B. v. gkinner CC Kennedy Stationery Co., 113 F. (2d) 667. 669 •(C. C. A. 8). It has also been held that an employer violates Section 8 (2) by suggesting the formation of an inside union even though the suggestion is not favorably received by the employees. N. L. R. B. V. Crystal Spring Finishing Co., 116 F. (2d) 669, 672 (C. C. A. 1). 63 Coming Glass Works V. N. L. R. B., 118 F. (2d) 625. 629 (C. C. A. 2). 64 N. L. It. B. V. Bl0880111 Products Corp. 121 F (2d) 260. 262 (C. C. A. 3) ; N. L. R. B. v. Moltrup Steel Products Co., 121 F. (2d) 612, 617 (C. C. A. 3) ; N. L. R. B. V. Link-Belt Co., 311 U. S. 584, 56S; Cudahy Pack no Co. v N. L. R. B. 116 F. (2d) 367. 370 (C. C. A. See also 8). N. L. It. B. v. Christian Board of Publication, 113 F. (2d) 678, 682 (C. C. A. 8). 6 International Ass'n of Machinists V. N. L. R. B., 311 U. S. 72. 79; New Idea, Inc. V. N. L. R. B.. 117 F. (2d) 517. 622-524 (C. C. A. 71. 50 N. L. R. B. V. Aluminum Products Co., 120 F. (2d) 567, 571 (C. C. A. 7) ; N. L. II. B. v. Skinner & Kennedy Stationery Co.. 113 F. (2d) 667. 670 (C. C. A. 8) ; N. L. R. B. V. Blossom Products Co., 121 F. (2d) 260, 262 (C. C. A. 3) ; N. L. R. B. v. Roebling's Sons Co.. 120 F. (2d) 289, 294 (C. C. A. 3) ; N. L. R. B. V. General Motors Corp., 116 F. (2d) 306. 309 (C. C. A. 7). 0, N. L. R. B. v. Link-Belt CO.. 311 U. S. 584. 587. 600: Western Union Telegraph Co. v. N. L. I. B., 113 F. (2d) 992, 997 (C. C. A. 2) ; Corning Glass Works v. N. L. R. B., 118 F. (2d) 625, 629 (C. C. A. 2). 63 Eagle-Picher Mining & Smelting Co. V. N. L. I. B., 119 F. (2d) 903 (C. C. A. 8). "Colorado Fuel & Iron Corp. V. N. L. R. B., 121 F. (2d) 165 (C. C. A. 10). " 3 1 3 U. S. 177. 182-187. Idem, at 187. Idem, at 183. 427441-42-7
92 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD This decision is important not only because it conclusively establishes the illegality under the Act of blacklisting practices, but also because it will relieve the Board in many cases of the burden of receiving evidence upon, and determining, difficult questions involving employee status. Inasmuch as it is now clear that a discriminatory refusal to hire a stranger is as much a violation of the Act as a discriminatory refusal to reinstate a striking employee, for example, it will often be unnecessary for the Board to decide whether a complainant has lost his status as an employee within the meaning of the Act." Closed-shop agreements.—The proviso contained in Section 8 (3) permits closed-shop agreement under specified conditions. If the proviso is not to be used as a means of committing unfair labor practices, it is essential that these conditions be strictly enforced. They are, first, that the labor organization with which the agreement is made must not be one established, maintained or assisted by unfair labor practices, and, second, that it be the designated bargaining -representative of an uncoerced majority in an appropriate unit when the agreement is made. In International Association of Machinists v. N. L. R. B., the Supreme Court sustained the Board's invalidation of a closed-shop agreement with a nationally affiliated union on the ground that the union had been illegally assisted and was therefore not the representative of an uncoerced majority. 74 The Court made it clear that no narrow construction was to be put on the "assistance" which would permit the invalidation of such contracts : 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. The freedom of activity permitted one group and the close surveillance given another may be more powerful support for the former than campaign utterances. To be sure, it does not appear that the employer instigated the introduction of petitioner into the plant. But the Board was wholly justified in finding that the employer "assisted" it in its organizational drive. Silent approval of or acquiescence in that drive for membership and close surveillance of the competitor ; the intimations of the employer's choice made by superiors; the fact that the employee-solicitors had been closely identified with the company union until their quick shift to petitioner ; the rank and position of those employee-solicitors; the ready acceptance of petitioner's contract and the contemporaneous rejection of the contract tendered by U. A. W.; the employer's known prejudice against the U. A. W. were all proper elements for it to take into consideration in weighing the evidence and drawing its inferences. To say that the Board must disregard what preceded and what followed the membership drive would be to require it to shut its eyes to potent imponderables permeating this entire record. The detection and appraisal of such imponderables are indeed one of the essential functions of an expert administrative agency." UNFAIR LABOR PRACTIOES—SECTION 8 (5) Refusal to enter into a signed contract covering matters agreed upon.—At the beginning of the past fiscal year there existed a con- " Th is is plainly illustrated in the Phelps Dodge case where the position of the Board had been sustained by the circuit court with respect to a group of striking employees, but not with respect to two non-employees. The Supreme Court, sustaining the Board's position with respect to the non-employees, found it unnecessary to consider separately the case of the striking employees. Idem). at 189. 74 311 U. S. 72, 75-81; cf. N. L. R. B. v. McKesson cf Robbins. No., 121 F. (2d) 84 (C. A.–D. C.) ; Eagle-Picher Mining and Smelting Co. v. N. L. R. B., 119 F. (2d) 903 C. C. A. 8). "Idem, at 78-79.
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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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TABLE 1 1.-Number of cases and numb
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Cases closed otherwise Cases closed
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Cases closed by compliance with int
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By consent election By pay-roll che
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TABLE 19.-Number of elections and p
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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 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 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
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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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