f. What was the company's attitude toward unions and particularly the employee's union? 4. Discrimination for participation in an NLRB proceeding It is an unfair labor practice, in violation of section 8 (a) (4), for an employer to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under the Act. This provision guards the right of employees to seek the protection of the statute by using the processes of the NLRB. 5. Refusal to bargain in good faith The Act in section 8(a) (5) bars an employer from refusing to bargain in good faith concerning wages, hours, and other conditions of employment with the representative chosen by a majority of employees in a group appropriate for collective bargaining. Examples of employer conduct that violate this section: Making a wage increase without consulting the representative of employees when they have chosen such a representative. Making a wage increase larger than that offered to the employees' representative in bargaining. • Refusing to put into writing an agreement reached with the employees' representative. • Refusing to deal with the representative of employees because the employees are out on a lawful strike. Refusing to negotiate with the employees' agent concerning such mandatory subjects of bargaining as wages, hours, pensions, seniority, group insurance, bonuses, grievance procedure, safety practices, union security, contracting work out of the bargaining unit, and procedures for discharge, layoff, recall, or discipline. These are examples, not a complete list, of subjects about which the employer and the employees' representative must bargain in good faith upon request. 6. Hot cargo agreements Employers are forbidden to enter into agreements to cease handling another employer's products or to cease doing business with any other person except under certain circumstances in the building and construction industry and in the apparel and clothing industry. UNFAIR LABOR PRACTICES OF UNIONS A labor organization is defined in the law as an organization or agency or employee representation committee or plan in which employees participate. It exists to deal with employers about grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Labor organizations are forbidden in section 8 (b) and section 8(e) of the law to engage in eight general types of unfair labor practices. 1. Restraint or coercion Section 8(b) (1) (A) forbids a union to restrain or coerce employees in the exercise of their rights to join or assist a labor organization or to refrain from so doing, as guaranteed by section 7. A proviso in this section states that "this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership." Examples of union conduct found to violate this section: • Mass picketing in such numbers that nonstriking employees are physically barred from entering the plant. • Acts of force or violence on the picket line or in connection with strikes. • Threats to do bodily injury to nonstriking employees. Threats to employees that they will lose their jobs unless they support the union's activities. Section 8(b) (1) (B) forbids a union to restrain or coerce an employer in the selection of his representatives for the purpose of collective bargaining or the adjustment of grievances. 2. Attempt to cause discrimination for union activities It is an unfair labor practice under section 8(b) (2) for a union to cause or attempt to cause an employer to engage in discrimination against an employee which tends to encourage or discourage union membership. This provision reinforces section 8(a) (3) in outlawing the "closed shop." It also contains certain language reinforcing the limits placed on the union shop by section 8(a) (3). This language is discussed under "The Union Shop." Examples of conduct violating this section: Causing an employer to discharge an employee because he circulated a petition urging a change in the union's method of selecting shop stewards. • Making a contract that requires an employer to hire only members of the union or persons "satisfactory" to the union. 3. Refusal to bargain in good faith Under section 8(b) (3) a labor organization commits an unfair labor practice if it refuses to bargain in good faith with an employer about wages, hours, and other employment conditions when the union is the representative of the employees in an appropriate bargaining unit. Thus the law sets the same good-faith bargaining obligation for a union as for an employer. Each must earnestly seek an agreement but neither is required to give in to the opposite negotiator. Examples of conduct violating this section: Insistence upon the inclusion of illegal provisions, such as a closed shop or a discriminatory hiring hall, in a contract. • An adamant refusal to make a written contract of reasonable duration. 4. Secondary boycotts and certain types of strikes and picketing 1 (i) [T]o engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or (ii) to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is 1 The language in italic is the text of sec. 8(b)(4). (A) forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement which is prohibited by section 8(e); (This section prohibits not only a secondary boycott, but also a primary strike, for these purposes. Section 8(e) prohibits hot cargo contracts with certain limited exceptions for the garment and building-construction industries.) ("Person" is defined in section 2(1) of the Act as including "one or more individuals, labor organizations, partnerships, associations, corporations, legal representative, trustees, trustees in bankruptcy, or receivers.") (B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 9; Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing; (The first part of this subsection is the general ban on secondary boycotts. The second part forbids "sympathy" strikes or boycotts to force recognition of an uncertified union.) (C) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 9; (This subsection prohibits strikes or boycotts against a Board certification; that is, a strike to substitute another bargaining representative for the one certified by the Board.) (D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work; (This subsection forbids strikes over so-called union "jurisdictional disputes" or work assignment disputes.) Provided, That nothing contained in this subsection (b) shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this Act: (The "subsection (b)" referred to includes most of the unfair practices forbidden to unions. Under this proviso, it has been held that an employee covered by a no-strike contract may be discharged for refusal to cross a picket line at the plant of another employer.) PROVISO ON PUBLICITY Provided further, That for the purposes of this paragraph (4) only, nothing contained in such paragraph shall be construed to prohibit publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of his employment to refuse to pick up, deliver, or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution. Examples of conduct the Board has found to constitute an illegal secondary boycott include: • Picketing an employer to force him to stop doing business with another employer who has refused to recognize the union. • A union official calling union members at the place of their employment in a retail market to tell them that a wholesaler had been placed on the union's "unfair list." Picketing directed at an entire construction project because one of the subcontractors doing part of the work on the project had nonunion employees. However, the Board and the courts have ruled that this provision does not prohibit picketing of the plant of an employer with whom a union has a direct dispute even though such picketing may encourage employees of other employers, who come to the plant, to refuse to work. 5. Charging excessive or discriminatory initiation fees The law, under section 8(b) (5), prohibits a union from requiring an employee under a union-shop agreement to pay a fee to become a member of the union which is so large that the Board finds the amount to be "excessive or discriminatory under all the circumstances." This section further states: In making such a finding, the Board shall consider, among other relevant factors, the practices and customs of labor organization in the particular industry, and the wages currently paid to the employees affected. Example of a fee which the Board found was discriminatory in violation of this section: Charging old employees who failed to join the union before the union-shop agreement took effect an initiation fee of $15 while charging employees hired after that date only $5. 6. "Featherbedding" Section 8(b) (6) forbids a union to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or are not to be performed. This section prohibits certain practices commonly known as "featherbedding." 7. Recognitional and organizational picketing Section 8(b) (7) bans recognitional and organizational picketing, but permits informational picketing. It forbids a labor organization which is not certified to represent an appropriate grouping of employees to picket, or threaten to picket, the workers' employer to force recognition by the employer, or to force the employees to accept the union as their representative. Such recognitional and organizational picketing is violative of the Act under these circumstances: Section 8(b) (7) (A)—Where another union already has been recognized by the employer as his employees' representative, and the NLRB would not conduct a representation election due to the existing contract with the other union. Section 8(b) (7) (B)-Where the employees have voted in a valid NLRB representation election within the preceding 12 months. Section 8(b) (7) (C)-Where the union pickets for more than 30 days without filing a formal petition for an employee rep resentation election. INFORMATIONAL PICKETING AND EXPEDITED ELECTIONS Subparagraph (C) contains two provisos. One permits picketing "for the purpose of truthfully advising the public (including consumers)" that an employer does not employ union members, or have a contract with a labor organization, "unless an effect of such picketing is to induce any individual employed by any other person" to refuse to pick up or deliver goods or perform other services. Such a substantial disruptive effect on the employer's business would remove the picketing's informational protection and make it unlawful under section 8(b) (7) (C). The other proviso of the subparagraph governs the holding of representation elections on an expedited schedule. If picketing draws an unfair labor practice charge, and the union files a representation petition within a reasonable time of not more than 30 days from the start of picketing, the statute provides for an employee election to be held quickly, dispensing with a hearing or a showing of interest among the employees. No expedited election is ordered when the picketing conforms to the informational proviso. This subsection concludes with the statement: Nothing in this paragraph (7) shall be construed to permit any act which would otherwise be an unfair labor practice under this section 8(b). 8. Hot cargo and subcontracting agreements Section 8(e) bars an employer and a union from entering into an express or implied hot cargo contract. Under such a contract the company agrees to cease handling, using, selling, transporting, or otherwise dealing in the products of any other company. The section declares void and unenforceable any such agreement that is made. A proviso in the section furnishes an exception for the construction industry. A construction company and a union may agree to a contract provision restricting the contracting or subcontracting of work to be done at the construction site, permitting subcontracting even if the work goes only to an employer who has an agreement with the union. Another exception covers the garment industry. There, an employer |