Medo Photo Supply Corp. v. Labor Board, 321 U.S. 678 (1944)

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Medo Photo Supply Corp. v. Labor Board

No. 265

Argued March 2, 1944
Decided April 10, 1944
321 U.S. 678

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Petitioner recognized a labor union as the bargaining representative of its employees. At their request and upon their statement that they were dissatisfied with the union and would abandon it if their wages were increased, petitioner negotiated with them without the intervention of the union, granted the requested increase in wages, and thereafter refused to recognize or bargain with the union.

Held: that the Labor Board properly determined that petitioner’s negotiations with its employees, its payment of increased wages, and its refusal to bargain with the union constituted unfair labor practices in violation of §§ 8(1) and (5) of the National Labor Relations Act, and that this determination supported its order directing the cessation of those practices. P. 679.

1. The negotiations by petitioner with any other than the union, the designated representative of the employees, was an unfair labor practice. P. 683.

Bargaining carried on by the employer directly with the employees, whether a minority or a majority, who have not revoked their designation of a bargaining agent, would be subversive of the mode of collective bargaining which the statute has ordained. P. 684.

2. It was likewise an unfair labor practice for petitioner, though in response to the proposal of its employee, to grant wage increases inducing them to leave the union. P. 685.

3. The defection of union member, which petitioner had induced by unfair labor practices, even though the result was that the union no longer had the support of a majority, could not justify petitioner’s refusal to bargain with the union . P. 687.

135 F.2d 279 affirmed.

Certiorari, 320 U.S. 723 to review a decree granting enforcement of an order of the National Labor Relations Board, 43 N.L.R.B. 989.