NATIONAL LAB RELATIONS BOARD - National Labor Relations ...

78 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDa similar result where a Board field agent approved an employerplan which contemplated the commission of unfair labor practices inthe future.' The Board stated :Counsel for the respondent refers to cases in which we have refused, forreasons of policy, to disturb agreements purporting to settle past unfair laborpractices when our agents have participated in or lent approval to such agreements.This rule, however, does not apply in the instant case where theunfair labor practices consist of the establishment and continued maintenance ofa labor organization which by its very nature defeats the rights guaranteedby the Act. The action of one of our agents cannot constrain us from consideringconduct in violation of the Act which endured for 3 years thereafter andmay, under the Plan's renewal clause, continue indefinitely.REQUIREMENTS THAT AN EMPLOYER PUBLICIzE TERMS OE BOARD ORDERSAMONG EMPLOYESThe Board requires an employer who has engaged in unfairlabor practices to publicize the terms of the Board order against himamong his employees. 42 The exact wording of the notice necessarilyvaries somewhat in different cases. Although the Board formerlygenerally required notices stating that "the respondent will ceaseand desist in the manner aforesaid," the order now requires noticeswhich state "that the respondent will not engage in the conduct fromwhich it is ordered to cease and desist * * *." 48 In Matter ofAmericalt Newspapers Inc., et al. and Chicago Newspaper Guild,etc.,44 the employer posted in its plant the cease and desist noticesrecommended in the Intermediate Report of the Trial Examiner.Since the employees were on strike, however, such notices did notcome to their attention. Consequently, the Board ordered the employerto provide the union with four copies of the posted noticevo that the union could post them in places accessible to the strikers.I. MISCELLANEOUSThis section deals with various problems of parties, pleadings,practice, and procedure which have been raised and discussed in theBoard's decisions.The act and the rules and regulations of the Board 45 provide thatin cases where an employer is alleged to have committed unfair laborpractices, the charge may be made by any person or labor organization.The Board has rejected an employer's contention that Boardproceedings were invalid because the charging union was not a labororganization 46 or because the charges were not filed by the union"Matter of The Duffy Silk Co. and Silk Throwsters Union, etc., 19 N. L. R .B., No. 11."Third Annual Report, p. 214; Fourth Annual Report, p. 109."Matterof Brown Shoe Company, Inc., etc., and National Leather Workers AssociationLocal 444, affiliated with the Committee for Industrial Organization, 22 N. L. R. B., No. 93,and subsequent cases."22 N. L- RB.. No. 66.44 Section 10 (b) of the act reads, "Whenever it is charged • • • the Board • • •shall have power to issue • * * a complaint * • • ." Section 1 of the Rulesand Regulations, Series 2, as amended, provides that "A charge • • may be made byany Person or labor organization."40 Matter of Universal Match Corporation and United Match Workers' Local IndustrialUnion #180, 23 N. L. R. B., No. 19. The Board pointed out that although the union hadno constitution and only two dues-paying members, it was still a labor organization "participatedin by employees and available for employee participation for the purposes definedin section 2 (5) of the act." The Board also indicated that a charge filed by an individual,even though purportedly on behalf of a nonexistent labor organization, constitutes substantiolcompliance with the act and rules and regulations. In Matter of Pueblo Gas & FuelCompany and International Brotherhood of Electrical Workers, Local Union, No. 667—B, 23N. L. R. B. No. 111, the Board rejected the contention that the charging union was not alabor organization because it acted ultra vires its constitution in admitting employees of theemployer to membership.