J. - National Labor Relations Board

102 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDemployees should be denied a full restoration of the status quo because of thelapse of time between the commission of the unfair labor practices and theissuance of the complaint."Employees are not awarded back pay during the period whilevoluntarily on strike." The Board has extended this doctrine tocover employees who although discriminatorily discharged, havelater joined a strike. If these discriminatorily discharged employeesare offered reinstatement unconditionally during the period of astrike but refuse such reinstatement, they will be considered to havejoined the strikers and back pay which would otherwise accrue willcease as of the date of their refusal of the offer of reinstatement.They will not, however, forfeit their right to reinstatement on thesame tertns as other strikers.37Similarly, although it is the regular rule of the Board to awardback pay to locked-out employees from the date of the lock-out,38if these locked-out employees subsequently refuse an unconditionaloffer of reinstatement unless the employer cease his unfair laborpractices, the locked-out employees will be considered as strikersfrom the date of their refusal of the offer of reinstatement, andback pay will cease as of the date of such refusal." Conversely, ifa striking employee is discharged because of union or other concertedactivity he will be awarded back pay from the date of thenotice of discharge."3. ORDERS IN CASES IN WHICH THE BOARD HAS FOUND THAT AN EMPLOYER HASENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF SECTION 8 (5)OF THE ACT.In cases where the Board has found that a respondent has engagedin unfair labor practices within the Meaning of section 8 (5) of theact by refusing to enter into a signed agreement, the Board hasordered the respondent to bargain collectively with. the union on requestand if an agreement is reached, to place the terms of the agreementin writing. The order has taken the following form :Upon request, 'bargain collectively with * * * [the labor organization involved]* * * as the exclusive representative of the * * * [employees inan appropriate unit] • * * * in respect to rates of pay, wages, hours of em-35 Compare Matter of Cherry Cotten Mills and Local No. 1824, United Textile Workers ofAmerica, 11 N. L. R. B. 478, where the case was transferred to the Board on March 30,1936, and a decision issued on February 21, 1939. This delay was caused by numerouslegal difficulties which arose in the course of the proceedings. The Board held, however,that no bsck pay s h ould be paid for this period." See infra, p. 105.a, Matter of Harter Corporation and International Assn. of Machinists, 8 N. L. R. B.391, modified and enforced as modified in Harter Corporation v) N. L. R. B. 102 F. (26)989 (C. C. A. 6);• see also Matter of Elkland Leather Company, Inc. and National LeatherWorkers' Association, Local No. ST, 8 N. L. R. B. 519, petition for enforcement filedJuly 20, 1939 (C. C. A. 3) ; Matter of Horace G. Prettyman and Arthur J. Wiltse, copartners,doing business as the Ann Arbor Press and International Typographical Union,12 N. L. R. B. 640. However, where discriminatorily discharged employees are not offeredreinstatement, they will be entitled to back pay during the period of the strike. TheBoard will not assume, in the absence of an unequivocal offer of reinstatement and an unequivocalrefusal, that these discharged employees have joined the strikers. Matter of.Lin.dernan Power and Equipment Company and International Association of Machinists,11 N. L. R. B. 868.38 See Third Annual Report at p. 200.Matter of Hemp ,C Company of Iliinois, a corporation and Federal Labor Union, LocalNo. 21284, Macomb, Illinois, 9 N. L. R. B. 449, petition for enforcement filed on. or aboutMay 11, 1939 (C. C. A. 71.Matter of El Paso Electric Company, a Corporation and Local Union 585, InternationalBrotherhood of Electrical Workers, et al., 13 N. L. R. B., No. 28, see infra, p. 104.