J. - National Labor Relations Board

104 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDEmployers who have violated. section 8 (1) by favoring one oftwo labor organizations have been ordered to cease and desist fromrecognizing the favored union "as the exclusive representative ofits employees unless and until said labor organization is certified assuch by the Board." 48Occasionally, the Board, upon' finding that an employer has engagedin certain unfair labor practices within section 8 (1) hasdeemed it necessary to require the employer to take certain affirmativeaction to remedy the effects of the unfair labor practice andeffectuate the policies of the act. 47 Thus the Board has orderedan employer, who permitted and encouraged assaults upon employeesbecause of their union activity, to "instruct all its employees thatphysical assaults on and threats of physical violence to their fellowemployees for the purpose of discouraging membership in, or activitieson behalf of, American Federation of Hosiery Workers, or anyother labor organization, will not be permitted in the plant at anytime; and take effective action to enforce these instructions." 485. ORDERS IN CASES IN WHICH THE BOARD HAS FOUND THAT A STRIKE WASCAUSED OR PROLONGED BY AN EMPLOYER'S UNFAIR LABOR PRACTICESThe Board, upon finding that a strike was caused or prolonged,in whole or in part, by unfair labor practices of an employer,hascontinued to apply the principle that in such cases the ordinaryright which the employer had to select its employees became "vulnerable,"49 and, accordingly, has ordered the employer in such casesto reinstate the 8triking employees, 'dismissing, if necessary to effectsuch reinstatement, all persons hired since the occurrence of theunfair labor practices to take the place of strikers.'°"Matter of Ward Baking Company and Committee for Industrial Organization, 8N. L. R. B. 558; Matter of Mt. V,rnon Car Menu facturi”o Compan y, a corporation andLocal Lodge No. 1756, Amalgamated Association of Iron, Steel, and Tin Workers of NorthAmerica, affiliated with the Committee for Industrial Organization, 11 N. L. R. B. 500.47 See Third Annual Report. p. 207." Matter of Asheville Hosiery Company and American Federation of Hosiery Workers,11 N. L. R. B. 1315, petiti on for enforcement filed on or about June 29, 1939 (C. C. A. 4).See Third Annual Report on p. 209; Black D iamond S. S. Corp. v. N. L. R. B. 94F. (2d) 875 (C. C. A. 2) certiorari denied 304 II S. 679. affirming Matter of BlackDiamond Steamship Corporation and Marine Engineers' Beneficial Association, LocalNo .ss, 3 N L. R. B. 84.See Third Annual Report at pp. 209-10; Matter of Western Felt Works, a corporation,and Text'le Worker . Organizing Committee. Western Felt Local, 10 N. L. R. B 407,enforced, Western Felt Works v. N. L. R. B., March 25, 1939 (C. C. A. 7) (the Boardalso ordered the reinstatement of employees who had been temporarily laid off priorto the strike, althou gh such lay-off was not discriminatory, on the ground that theseemployees, still retainin g their status as em plo yees, joined the strike ; and, were it notfor the strike, an . increase in production would have resulted in their reemployment)Matter of Republic Steel Corporation, and Steel Workers Organizing Committee, 9N. L. R. B. 219, enforced as modified, Republic Steel Corp. V. N. L. R. B., November 8, 1939,(C. C. A. 3) (the Board included in its order a requirement that the respondent offerreinstatement to striking employees as positions became available in any one of anumber of plants owned and omrated by the respondent, but directed that an emloYeecould refuse an offer of reinstatement to any plant other than the one at which he hadformerly worked, without thereb y forfeiting his right to subsequent reinstatement).See also Matter of Reed & Prince Manufacturing Company and Steel Workers OrganizingCommittee of the C. I. 0., 12 N. L. R. B. 944.In Matter of Steltli & Co., Inc. and Textile Workers Union of Lancaster, Pennsylvania,and Vicinity, Local No. 153, 11 N. L. R. B. 1397, the employer had succeeded in breakinga strike of his employees by promising and giving those emplo yees who first returnedthe better positions in the plant. The Board ordered that all strikin g employees shouldbe returned to their former positions, if necessary displacing others who had been giventhese positions, saying :"The strike having been caused and prolon ged by the unfair labor practices of therespondent, the ordinary right which the respondent had to select its employees was'vulnerable,' and its refusal to reinstate these 17 employees to their former positionswas subject to such order as the Board, in effectuating the purposes and policies of theact, might make, directing the respondent to reinstate said employees ; to dismiss personshired since, and not In its employ at, the commencement of the strike, and to displace