Charles Evans Whittaker

“ The Court of Appeals was therefore in error in holding that company-dominated Employee Committees, which exist for the purpose, in part at least (256 F.2d 285) , 'of dealing with employers concerning grievances * * * or conditions of work,' are not 'labor organizations,' within the meaning of § 2 (5) , simply because they do not 'bargain with' employers in 'the usual concept of collective bargaining.' (Emphasis added.) ”

“ Pursuant to a suggestion of the War Production Board in 1943, respondents decided to establish an Employee Committee at each of their plants. To that end, respondents prepared, in collaboration with employee representatives from their several plants, a set of bylaws, stating the purposes, duties and functions of the proposed Employee Committees, for transmittal to and adoption by the employees in establishing such Committees. The bylaws were adopted by a majority of employees at each plant and by respondents, and, thus, the Employee Committees were established. ”

“ In November 1954, International Chemical Workers Union, AFL CIO, filed with the National Labor Relations Board, and later several times amended, an unfair labor practice charge against respondents, alleging, in part, that respondents were unlawfully dominating, interfering with and supporting labor organizations, called Employee Committees, at their several plants. ”

“ Since the respective dates of those collective bargaining contracts the certified labor organizations and the Employee Committees have coexisted in those plants, but the functions of those Employee Committees have generally been reduced to plant efficiency, production promotion and the handling of grievances for employees who are not included in the bargaining units. ”

“ The Director of Industrial Relations discussed those proposals and requests with the Central Committee, and sought to reach some solution. He granted some of them and rejected others, explaining his reasons for doing so. ”

“ Those bylaws, and certain related company rules, were later published by respondents in a company manual called 'The Guide,' and are still in effect.
In essence, the bylaws state: that the purpose of the Committees is to provide a procedure for considering employees' ideas and problems of mutual interest to employees and management; [2] that each plant Committee shall consist of a stated number of employees (ranging from 2 to 3) whose terms shall be one year, and that retiring members, with the help of plant clerks, will conduct the nomination and election of their successors ”