National Labor Relations Board v. W. T. Grant Co.

This matter is here on petition of the National Labor Relations Board for enforcement of an order issued against respondent, the operator of a store at San Jose.

In ruling on the case the Board adopted the findings of the trial examiner and approved of his report and recommendations. It concluded that respondent had engaged in practices violative of § 8(a)(1) and (5) of the Act, 29 U.S.C.A. § 158 (a) (1, 5). In summary, these practices comprehended the interrogation of certain employees concerning union membership; a unilateral grant of wage and other benefits with intent to discourage union affiliation; respondent’s insistence upon a Board election prior to bargaining, an insistence found to be motivated by a desire to gain time in which to undermine the union; and finally an anticipatory threat to close the store rather than accede to a union shop.

It is not disputed that the appropriate bargaining unit in this case consisted of all employees at the San Jose store, exclusive of supervisors. On January 5,1950 an agent of the Retail Clerk’s Union wrote respondent’s manager requesting a bargaining conference, the letter being received on January 6. As of January 5 there were 40…