National Labor Relations Board v. Tom Joyce Floors, Inc.

The National Labor Relations Board seeks enforcement of its order directing Tom Joyce Floors, Inc. (Joyce) to cease and desist from certain asserted unfair labor practices and to take specified corrective action. The order in question resulted from agency proceedings in which it was found that the company had engaged in two unfair labor practices, in violation of sections 8(a) (1) and 8(a) (5) of the National Labor Relations Act (Act), 49 Stat. 452 (1935), as amended, 29 U.S.C. § 158 (a) (1964).

The first unfair labor practice that the Board found, was the failure and refusal of Joyce to bargain collectively with Local No. 567, Brotherhood of Painters, Decorators and Paperhangers of America, AFL-CIO (Union), the exclusive representative of the employees of Joyce in its Reno, Nevada, operation. This conclusion was based upon a finding of fact, not here disputed, that Joyce refused to negotiate with regard to a Union proposal for the establishment of a union hiring hall, offered during collective bargaining conferences between the Union and Joyce.

Under the proposed hiring hall arrangement, Joyce was to notify the Union whenever workmen were required; the Union would then use its…