R. L. White, John H. White, Joella White Bitter and Evelyn White Thomson, D/B/A White's Uvalde Mines v. National Labor Relations Board

RIVES, Circuit Judge

(dissenting).

I dissent. Individual merit increases as well as general increases must be negotiated with the bargaining representative.1

Further, I agree with the examiner’s finding, adopted by the Board, that the nature of the 8(a) (1) violations were such as to show that, at the time the Company was going through the motions of collective bargaining, it was also seeking to destroy the Union. Still further and of more importance, the Board properly concluded, I think, that the Company failed to bargain in good faith.

. N.L.R.B. V. J. H. Allison & Co., 6 Cir., 1948, 165 F.2d 766, 3 A.L.R.2d 990; N.L.R.B. v. Berkley Machine Works, 4 Cir., 1951, 189 F.2d 904, 907-908, 911; Armstrong Cork Co. v. N.L.R.B., 5 Cir., 1954, 211 F.2d 843, 847; cf. J. I. Case Co. v. N.L.R.B., 1944, 321 U.S. 332, 338-339, 64 S.Ct. 576, 88 L.Ed. 762; Order of Railroad Telegraphers v. Railway Express Agency, 1944, 321 U.S. 342, 346, 64 S.Ct. 582, 88 L.Ed. 788; N.L.R.B. v. Wooster Division of Borg-Warner Corp., 78 S.Ct. 718.