Labor Board v. Exchange Parts Co., 375 U.S. 405 (1964)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

It was a violation of § 8(a)(1) of the National Labor Relations Act for an employer, shortly before a representation election, to confer economic benefits on its employees for the purpose of inducing them to vote against the union. Pp. 408-409.

(a) Section 8(a)(1), which makes it an unfair labor practice for an employer to "interfere with" the protected right of employees to organize, prohibits not only intrusive threats and promises, but also conduct immediately favorable to employees which is undertaken with the express purpose of impinging upon their freedom of choice for or against unionization, and is reasonably calculated to have that effect. P. 409.

(b) The absence of conditions or threats pertaining to the particular benefits conferred would be of controlling significance only if it could be presumed that no question of additional benefits or renegotiation of existing benefits would arise in the future; and no such presumption is tenable. P. 410.

304 F.2d 368 reversed.