Labor Law - Labor-Management Relations Act - Applicable Remedies When an Employer Transers to a New Location to Avoid Dealing With a Union

An interstate trucking concern with depots in numerous cities, was approached by a union seeking recognition as the bargaining representative of the office and clerical workers at one of the depots. The employer, after interrogating the employees involved as to their union affiliation, transferred the clerical work done at that depot to an office in a different city, but continued operating the trucking depot itself. The clerical employees were discharged but were offered reinstatement at the new location, together with reimbursement of the expenses of moving to the new location. Held, the employer violated sections 8(a)(1), 8(a)(3), and 8(a)(5) of the National Labor Relations Act.

The Board awarded the discharged employees back pay from the date of discharge to the date of the offer of reinstatement at the new location, ordered the employer to offer the discharged employees reinstatement if and when it resumed operations at the new location but, with Member Murdock dissenting, refused to order the resumption of the clerical operations at the old location. Tennessee-Carolina Transportation Co.,. 108 N.L.R.B. No. 179 (1954).