J. - National Labor Relations Board

VII. PRINCIPLES ESTABLISHED 57A. INTERFERENCE, RESTRAINT, AND COERCION IN THE EXERCISE OFTHE RIGHTS GUARANTEED IN SECTION 7 OF THE ACTSection 7 of the Act provides that—Employees shall have the right to self-organization, to form, join or assistlabor organizations, to bargain collectively through representatives of their ownchoosing, and to engage in concerted activities, for the purpose of collectivebargaining or other mutual aid or protection.Section 8 (1) of the Act makes it an unfair labor practice for anemployer to—interfere with, restrain, or coerce employees in the exercise of the rightsguaranteed in section 7.As stated in the Third Annual Report 3 the Board has consistentlyheld that a violation by an employer of any of the four subdivisionsof section 8 other than subdivision (1) is also a violation of subdivision(1). Moreover, any other employer activity which infringesupon the rights guaranteed in section 7, although not specificallydescribed in the act, is a violation of subdivision (1). The variousmethods by which employers have interfered with, restrained, orcoerced employees in the exercise of the rights guaranteed by the actare numerous. In our Third Annual Report, we described the moresignificant forms of such activities as we have dealt with them inour decisions.4During the last fiscal period employers were found to have engagedin such diverse acts of coercion as the distribution of antiunionliterature, 5 ordering an employee to remove a union stewardbutton,° attempting to disrupt a union by arousing racial prejudiceitsmembers, 7 keeping employees overtime to prevent theirattendance at a union meeting, 8 delaying the appointment of ateacher because her husband had been active in the union,° refusingto renew a contract with an independent contractor because he hadassisted a union," and threatening employees with eviction fromcompany-owned houses unless they severed their connection with aunion.145 At p. 52.Pp. 51-65.Matter of Reed and Prince Manufacturing Company and Steel Workers OrganizingCommittee of the C. I. 0., 12 N: L. R. B. 944; Matter of Mu-skin Shoe Company and UnitedShoe Workers of America, 8 N. L. R. B. 1; Matter of Mock-Judson-Voehringer Company ofNorth Carolina, Incorporated, and American Federation of Hosiery Workers, North CarolinaDistrict. 8 N. L. R. B. 133. enforced as mod., N. L. R. B. v. Mock-Judson-VoehringerCo., April 28, 1939 (C. C. A. 4) ; Matter of Union Drawn Steel Company at al. and SteelWorkers Organizing Committee, 10 N. L. R. B. 868, petition for enforcement filed on January10, 1939 (C. C. A. 3) ; Matter of Yale 4 Towne Manufacturing Company and United Electricaland Radio Workers of America, Local No. set, a I. 0., 10 N. L. R. B. 1321. petitionfor enforcement filed on August 1, 1939 (C. C. A. 2). In each case, the circulation ofantiunion literature was accompanied by other unfair labor practices and constituted partof a campaign to destroy a union and defeat its efforts at organization among the employeesof the respondent. The Board has held that the preventing of such activity doesnot constitute an infringement upon the employer's freedom of speech because of thecoercive effects of such acts upon the self-or ganization of employees. See Virginian RailwayCo. v. System Federation, 11 F. Supp. 621, 84 F. (2d) 641 (C. C. A. 4), 300 U. S.515: N. L. R. B. v. The Falk Corporation, 102 F. (2d) 383 (C. C. A. 7).6 Hatter of Armour 4:6 Company and Packing House Workers Organizing Committee forUnited Packing House Workers, Local 347, 8 N. L. R. B. 1100, petition to review filedOctober 1, 1938: (C. C. A. 7).7 Matter of Planters Manufacturing Company, Inc., and United Veneer Box andBarrel Workers Union, C. 1. 0., 10 N. L. R. B. 735, enforced, N. L. R. B. V. Planters ManufacturingCompany, 105 F. (2d) 750 (C. C. A. 4), rehearing denied August 29. 1939.8 Halter of Tidewater Iron et Steel Company and American Federation of Labor, PassaicCounty, New Jersey District, 9 N. L. R. B. 624.5 Matter of West Kentucky Coal Company and United Mine Workers of America, DistrictNo. 23, 10 N. L. R. B. 88, petition for enforcement filed June 21, 1939 (C. C. A. 6).16 Ibid.Matter of The Good Coal Company and United Mine Workers of America, District .19,12 N. L. R. B. 136, petition for enforcement filed June 22, 1939 (C. C. A. 6).