This is the usual form of order, and has frequently been employed in cases where this Court has sustained Board orders

In a substantial line of cases, the Board and the Court disestablished enterprise unions that clearly had majority support, and excluded them from future NLRB ballots, although the employer had wholly ceased its earlier domination of the labor organization

—the Board disestablished a representation plan which had been in existence since 1927, with various revisions.

—the board held that regulation of the internal affairs of the employee group by terms of the contract with the company indicated domination.

Section 8 (a)(2) prohibits employer participation in labor organizations regardless of employee satisfaction, or employer motive and degree of involvement

It is only when the weak and ineffective structure can be traced to the employer, as by employer drafting of the by-laws or constitution, or when the by-laws incorporate instruments of employer control, as by veto power over amendments and decisions, that the functional weaknesses become persuasive evidence of domination.

No matter what form company unions take, the following is characteristic of all of them and is what distinguishes them from genuine labor organiza-9 The following are some of the cases that have come before the board presenting the employee representation plan type of company union: Pennsylvania Greyhound Lines Inc.

"42. Personal investigation. See also Weaver," Racial Employment Trends p. 350; and John Beecher, "Problems of Discrimination," Science and Society VII (Winter 1943), 37-44.· 43.

If the avenues of interference closed by the post-order reorganization of this union are disregarded, the Board's findings and the decision of the Court fail to disclose any evidence of employer domination except that this bargaining agent was at a previous time controlled in part by the defendant.

"It was for Congress to determine whether, as a matter of policy, such a plan should be permitted to continue in force."

[CITATION] National v. NATIONAL LABOR RELATIONS BOARD.

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