National Labor Relations Board v. Tom Johnson, Inc.

The National Labor Relations Board petitions for enforcement of its order. Two questions are presented. (1) Whether respondent violated section 8(a) (1) and (5) of the National Labor Relations Act as amended ( 29 U.S.C. § 158 (a) (1) and (5)) by bargaining directly with certain of its employees and by unilaterally changing its employees’ conditions of employment without consulting the union at a time when the union was the authorized bargaining representative, and by threatening the employees with loss of overtime employment, and (2) whether the respondent violated section 8(a) (3) and (1) of the Act ( 29 U.S.C. § 158 (a) (3) and (1)) by discharging two employees because they sought union support for their grievances. We conclude that the order must be enforced.

Respondent is a painting contractor and had entered into a collective bargaining agreement with a local union of the Painters’ Union which provided, among other things, that double time would be paid for work on weekends and holidays, with certain exceptions. While this agreement was in effect, the company’s manager conducted a meeting of all of the employees. He told them that he had been informed by the owners of a…