1943 - National Labor Relations Board

More documents

Recommendations

Info

IN/THE NATIONAL LABOR RELATIONS ACT IN PRACTICE:UNFAIR LABOR PRACTICE CASESSections 7 and 8 of the National Labor Relations Act provide, ineffect, that employees shall be free to engage in concerted activities, toorganize themselves, and to bargain collectively through representativesof their own choosing, and that employers shall not interferewith employees in their exercise of those rights. More specifically,Section 8 makes it an unfair labor practice for an employer to interferewith, restrain, or coerce employees in the exercise of the rights guaranteedin Section 7; to dominate or interfere with the formation oradministration of any labor organization or to contribute financialor other support to it; to encourage or discourage membership inany labor organization by discriminating in regard to the hire ortenure of employment of employees or any term or condition of theiremployment, except that an employer may under certain circumstancesagree with a labor organization to require membership thereinas a condition of employment; to discriminate against an employeebecause he has filed charges or given testimony under the Act; or torefuse to bargain collectively with the duly designated representativesof the employees in an appropriate unit.The Board's Seventh Annual Report, covering the fiscal year 1942,gave a general outline of the fundamental principles established by the]Board's decisions in unfair labor practice cases. Since then, theBoard has issued a substantial number of additional decisions in suchcases, although their proportiOn in the Board's work has continued todecrease. The details of these decisions issued during the fiscal year1943 may be obtained by referring to the analytical digest-index ineach of the volumes of the Board's Decisions and Orders. Followingis a more general discussion of the trends and developments in theBoard's unfair labor practice cases during the last fiscal year.INTERFERING WITH, RESTRAINING, OR COERCING EMPLOYEES IN THEEXERCISE OF THE RIGHTS GUARANTEED BY THE ATSince the Act has been in operation for more than 8 years, it is notsurprising that many of the unfair labor practice cases coming beforethe Board present no new or startling techniques of interference with558154-44--3 27
28 Eighth Annual Report of the - National Labor Relations Boardor restraint or coercion of employees' union activities. The casesdecided by the Board during the fiscal year 1943 show, for example,that espionage and-surveillance by employers of the union activitiesof their employees, and the use of violence against union organizers,members, and meetings, have not as yet entirely disappeared from theAmerican industrial scene. Similarly, there are still some employerswho insist upon interrogating employees as to their union membershipor activity, not infrequently by way of an inquiry as to union affiliationcontained in the form of employment application which prospectiveemployees are required to fill out. In some cases, employers havediscouraged employees from joining or forming unions by threateningto close down the plant or to move it to another community or bycoercing employees into signing individual contracts of employmentdesigned to discourage concerted activities and the ultimate formationof a labor organization. Where employees have neverthelessengaged in union activity, some employers have attempted to makeit difficult for them to obtain employment elsewhere, or have interferedby approaching employees individually and persuading them toabandon their acting in concert with their fellow employees. It isnow well established that all these activities by employers constituteinterference, restraint, or coercion, within the meaning of the Act,although the Board has, of course, continued to investigate carefullyeach charge of such activity and to determine on the basis of all thefacts and circumstances revealed in the record whether or not thecharge was justified.Two cases decided by the Board during the fiscal year 1943 involvedan old problem given new meaning by the fact that the Nation is atwar.' In each of these cases it appeared that the employer hadrefused to grant passes to officials of the union which had been certifiedas the bargaining representative of the employees on board the employer'soil tankers, and that it had thereby been made-impossiblefor these officials to board the tankers and to confer with the employeesin question. The employers in these cases pressed the contentionthat denial of the passes was only a necessary wartime safety measure.The Board, however, found the contention not to be borne out_ by thefacts, and decided the cases in accordance with its established principlethat an employer's denial of access to union representatives is anunwarranted interference with the employees' right to self-organization.The Board ordered the employer in each of these cases to grantpasses to the duly authorized representatives of the labor organizationinvolved, permitting them to "go aboard its vessels for the purposesof collective bargaining, for the discussion and presentation • of grievances,and for other mutual aid and protection of the employees representedby the union, including the collection of dues and distributionof trade papers to union members, provided, however, that the re-Matter of Richfield Oil Corporation, 49 N. L. R. B. 693; Matter of General Petroleum Corporation of California,49 N. L. R. B. 609..
Page 1 and 2: EIGHTH ANNUAL REPORTOF THENATIONAL
Page 3 and 4: NATIONAL LABOR RELATIONS BOARDH. A.
Page 5 and 6: 4•
Page 8 and 9: THE NATIONAL LABOR RELATIONS BOARD
Page 10 and 11: The N. L. R. B. in the War 3The War
Page 12 and 13: The N. L. R. B. in the War 5closed.
Page 14 and 15: The N. L. R. B. in the War 7current
Page 16 and 17: The N. L. R. B. in the War 9involvi
Page 18 and 19: The N. L. R. B. in the War 11secret
Page 20 and 21: Organizational and Administrative D
Page 22 and 23: Organizational and Administrative D
Page 24 and 25: IIIA STATISTICAL ANALYSIS OF CASES.
Page 26 and 27: Statistical Analysis of Cases Filed
Page 36 and 37: The N. L. R. A. in Practice: Unfair
Page 38 and 39: • LIBRARY• -.AL tABOR, A.T1Into
Page 50 and 51: THE NATIONAL LABOR RELATIONS ACT IN
Page 52 and 53: The N. L. R. A. in Practice: Repres
Page 66 and 67: The N. L. R. A. in Practice: Jurisd
Page 68 and 69: Enforcement Litigation 61all interm
Page 70 and 71: Enforcement Litigation 63of the Boa
Page 72 and 73: Enforcement Litigation 65than to st
Page 74 and 75: Enforcement Litigation 67tively. Th
Page 76 and 77: Studies of the Results of Board Act
Page 78 and 79: Studies of the Results of Board Act
Page 80 and 81: Studies af the Results of Board Act
Page 82 and 83: New Statutory Functions Vested in t
Page 84 and 85:
New Statutory Fund ions Vested in t
Page 86 and 87:
New Statutory Functions Vested in t
Page 88 and 89:
New Statutory Functions Vested in t
Page 90 and 91:
APPENDIX ASTATISTICAL TABLESThe fol
Page 92 and 93:
Appendix A. Statistical Tables 85Ta
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Table 8.-Disposition of unfair labo
Page 100 and 101:
,Dismissed, totalBefore hearingBy B
Page 102 and 103:
Table 11.—Number of elections and
Page 104 and 105:
Table 13.-Number of elections and p
Page 106 and 107:
APPENDIX BLIST OF CASES HEARD DURIN
Page 108 and 109:
Appendix B. List of Cases Heard Dur
Page 110 and 111:
Onan, D. W., & Sons.O'Neil, J. E.,
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
APPENDIX CLIST OF CASES IN WHICH TH
Page 130 and 131:
Appendix C. Decisions Rendered Duri
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Appendix. C. Decisions Rendered Dur
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Borg-Warner CorpBrennan, P., CoBurn
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
APPENDIX DSUMMARY OF LITIGATION FOR
Page 172 and 173:
Appendix D. Summary of Litigation 1
Page 174 and 175:
Page 176 and 177:
Appendix D. Summary of Litigation.
Page 178 and 179:
Page 180 and 181:
Appendix D. Summary-of Litigation 1
Page 182 and 183:
Page 184 and 185:
Page 186:
Page 189 and 190:
APPENDIX ENATIONAL LABOR RELATIONS
Page 191 and 192:
184 Eighth Annual Report of the Nat
Page 193 and 194:
1 86 Eighth:A nnual Report of the N
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
WAR LABOR DISPUTES ACT 1AN ACTRelat
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
APPENDIX FThese Rules and Regulatio
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
21 8 Eighth Annual Report of the Na
Page 225 and 226:
220 Eighth Annual Report of-the Nat
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241:
APPENDIX GREGIONAL OFFICESFirst Reg
Page 244 and 245:
Appendix G. Regional Offices 239emu
Page 246 and 247:
Appendix G. Regional Offices 241DIM
Page 248:
Appendix G. Regional Offices 243
Page 252 and 253:
Appendix G. Regional Offices 247
Page 254 and 255:
LIST OF TABLESTables Appearing in T
show all

1943 - National Labor Relations Board

Create successful ePaper yourself

Delete template?

Save as template?