Howard Jenkins, Jr was the first African American on the National Labor Relations Board He served under five presidents and wrote over 40,000 decisions and dissents during his tenure as he pursued his personal mission “to help them discover blacks in the industrial work force, and to get it firmly fixed in our national labor policy that discrimination on the basis of race or sex is an unfair labor practice” His parents were Missouri natives His father was a mail carrier who graduated from Lincoln University in Missouri His mother, Nellie Poage, finished college in Illinois They were temporarily separated by their jobs when Nellie Poage taught in St Louis, Missouri and Howard taught at an Indian school in Muskogee, Oklahoma After graduation they decided to marry in 1910 and moved to Denver, Colorado Howard, Jr.
was born June 16, 1915 in East Denver, at the family home -- 2746 Williams Street Howard, Jr attended Whittier Elementary School until third grade When his family moved to 3131 Gilpin Street, he attended Mariah Mitchell Elementary School Howard was the only African American child at Mariah Mitchell Elementary School He was a good singer and joined the boy's choir When the choir was to perform an operetta, try-outs were held Howard was chosen for the lead Practices went well until the first rehearsal When the script instructed the male and female lead to hold hands.
Howard was to hold a Caucasian girl's hand, and was informed that, as a result he could no longer have the lead When he told his father what had occurred, Mr Jenkins went to a PTA meeting at the school and took up the matter of the choir lead with the school's music teacher The decision stood Howard's father decided that his son would not be participating in choir any longer At Cole Junior High there were more African American students, and by the time Howard attended Manual High School there were enough to warrant separate proms for Caucasian and Black students The separation of proms rankled the African American students, and when Howard entered his senior year they decided to make a point about the prom segregation Howard and his friends chained the gym doors closed so that the Caucasian prom could not be held The black students then sat up on a hill across from the gym The students arrived in their tuxes and long dresses but could not get in.
They were disappointed, and Howard and his friends had a quiet laugh Howard Jenkins, Jr surmises that the prank probably resulted in his failure to receive a scholarship awarded by the principal, even though Howard was ranked second or third in his graduating class Racial exclusion from elementary and secondary school events increased Howard Jenkins' awareness of the racial tensions in Colorado When Howard's older sister was excluded from swim class because of her race, Howard's father and the National Association for the Advancement of Colored Persons (NAACP), filed suit against the School Superintendent and the Denver Board of Education As a result, Manual High School changed its swimming policy so that African Americans were allowed to have swimming instruction The Ku Klux Klan dominated Colorado and Denver politics in the 1920's It was well known that election results depended on a Klan blessing Governor Clarence J Morely (Governor of Colorado from 1925-1927) was known as "the Ku Klux Klan Governor".
The Jenkins family expected academic excellence and knew outstanding African American leaders Howard's uncle, George Poage, was an outstanding track athlete at the University of Wisconsin He competed in the 1904 Olympics in St Louis, Missouri, winning a Bronze Medal for the 400 meter hurdles He was the first African American to win a medal in the 1904 Olympics The racial atmosphere at the University of Denver in 1932 was very different from the Denver Public Schools There was an atmosphere of racial tolerance, and all students were expected to take part in the entire university experience One of those experiences included wearing a beanie in the freshman year Howard, however, proud to be in college, thought beanie wearing was silly Some upper classmen reported Howard's feelings to the wrestling coach Granville "Granny" Johnson.
Granny took Howard aside and said, "Well, I understand you don't like the rules we make around here Where is your beanie?" "Oh, that," Howard replied Then Granny grabbed Howard, and rubbed his fist over his head He said, "Do you want me to do this every day or do you want to wear a beanie?" Howard took the actions as he felt they were intended -- nobody would be excluded from rules and events that applied to all students From that point, Howard participated in freshman class activities fullyHoward Jenkins, Jr was the only male, African American freshman at the University of Denver For sociology, Howard had Professor Robert McWilliams whom he greatly appreciated for dealing openly with race, religion, and other social problems in class Later, Howard would become a law school classmate of Professor McWilliams' son, Robert, who would go on to become a federal judge on the US.
Court of Appeals for the Tenth Circuit They remain good friends today Dr Garth was Howard's psychology teacher and Dr Holmes introduced Howard to the Cosmopolitan Club Howard was also involved in football, Phi Beta Sigma, Alpha Phi Alpha, and the Philosophy Club After his first year at DU, Howard enrolled at the University of Colorado, Boulder There was no dorm for African Americans, so most of the students roomed with African American families on Water St in Boulder Howard and three friends from Denver - Gilbert Cruter, Bill Pinkett, and Claude Walton - got a job hashing for room and board at the Chi Psi fraternity house in Boulder.
After one year at University of Colorado, Boulder, Howard returned to the University of Denver where he graduated in 1936 Howard Jenkins, Jr met Alice Elaine Brown in 1935 She was a freshman at the University of Denver Alice graduated in 1937 from University of Denver and became the first African-American teacher in the Denver Public Schools Howard and Alice were married in 1940 Alice Jenkins taught at Whittier Elementary School for eight years Howard Jenkins, Jr's decision to attend the University of Denver College of Law in Denver, Colorado, was a practical one His mother and father lived in Denver, and he needed to finance his own way through school The Post Office was hiring clerks.
He was hired as a substitute clerk After a few months the job became permanent, and he told the postmaster he needed to take split shifts so work would not interfere with studying At the time the Law school was located at 211 15th Street, over Mapelli's Meat Market There was no air conditioning so it was always a question of keeping the windows closed and suffering from the heat or keeping the windows open and suffering from the odors of the meat market Jenkins remembers two professors in particular, Thompson Marsh and Gordon Johnston as being outstanding educators Gordon Johnston taught torts He was really an actor and had great skill with language and presentation Gordon could draw the students into a discussion and still keep the discussion focused Thompson Marsh was more concerned about his students' thought processes He insisted on reasoning "explain what you mean," "well, why?" Marsh was known for his practice of tearing up books.
He said "Just tear the pages out, and then carry it with you When you are on the street car or bus, pull it out of your pocket and read These books aren't to be treasured They are to be used They are to be learned from and you are not being disrespectful of the book when you tear it up It's when you tear it out you use it to the fullest" When graduation finally arrived Jenkins and his classmates rented a mountain cabin and persuaded Professor Gordon Johnston to spend ten days there cramming them with the legal knowledge necessary to pass the Colorado Bar Exam They all passed the first time and Jenkins became The first African American to pass the Colorado Bar ExamDr Clarence Holmes, a Denver dentist and long time African American leader, was Howard Jenkins's godfather.
The week after Howard passed the Colorado bar exam, Dr Holmes called Jenkins and said, "Come down to the office, I want to talk to you" When Howard arrived at 2606 Welton Street the sign out front had been changed from Clarence F Holmes, DDS to a sign that also read Howard Jenkins, Jr, Attorney at Law Dr Clarence Holmes had provided Jenkins with his first law office.
Howard stood there in tears and said, "Doc, I can't afford an office like this!" "Can you pay $5000 a month?" Dr Holmes asked Howard replied, "Yes, I can do that" "Then you're in business", he stated "Now get in there because there are some files on your desk that need your attention" Jenkins's initial cases covered insurance and criminal work He successfully represented the defendant in the first murder case to be tried in the Federal District Court He was the plaintiff's attorney in the case of African American workers in the Building Trades Council where the local construction company pressured the general contractor to dismiss African Americans Beyond Denver, the Wagner Act was passed and signed into law by President Roosevelt on July 5, 1935.
Unlike many of his colleagues and peers, Jenkins always felt that Senator Wagner was much more interested in preserving the free enterprise system than he was in expanding the trade union movement The result of the Wagner Act was to keep government from intruding into the relationship between employers and employees World War II arrived and Jenkins volunteered to serve as a lawyer in the Army Judge Advocate General's Office as a lawyer He was turned down An Army colonel later told Howard that "The Army has no place for Negroes in the JAG corps" Jenkins instead worked in the Denver office of Price Administration with Edward E Pringle and Max Melville Then at the Denver War Production Board with James C Flanigan and Edward Scheunemann In 1943 Jenkins was appointed Regional Attorney of the War Labor Board.
In 1945, Jenkins became Chief Regional Enforcement Officer of the National Wage Stabilization Board At the end of World War II, Howard Jenkins, Jr, went to Washington, DC, to draft a closing report for the War Labor Board While there, he met George Johnson, the Dean of Howard University Law School Johnson invited Jenkins to join the faculty Jenkins taught from 1946-1956 at Howard University during the "golden years for the civil rights movement" Jenkins believed these were the golden years because the Howard Law faculty was intimately involved in all of the social engineering going on in the Supreme Court, including working on cases involving race relations and the efforts to use the law to change some of the problem areas confronting African Americans Jenkins taught labor law and administrative law at the law school, and medical jurisprudence to medical students.
During his years at Howard University, Jenkins became involved in the protection of teachers and in efforts to change the law regarding the problems of unemployment, transportation, housing, and education of African Americans "We were the central clearinghouse for black lawyers all over the country We prepared the litigation to desegregate the railroads, the public schools, and to eliminate racial distinctions in many areas," Jenkins statedIn 1954, Jenkins helped write legal briefs for Brown v Board of Education, 347 US 483 Brown v Board of Education was joined with four other cases to attack the separate but equal doctrine of Plessy v Ferguson, 163 U.
S 537 (1896) The Supreme Court held that the plaintiff children had been deprived of equal protection laws guaranteed by the fourteenth amendment Later Jenkins applied the studies of the psychological effects of segregation on African American school children to the African American worker Jenkins also represented several African American organizations He worked for the building laborers local union in the District of Columbia and for the National Alliance of Postal Workers During the McCarthy Era, African Americans were being systematically eliminated from government jobs on the pretext that they associated with some communist organization Jenkins specialized in taking cases before the Loyalty Review Board and was quite successful in getting employees reinstated, not by contesting the authority of the Board but by using the Loyalty Review Board's own rules For example, a young African American man who was a messenger at the State Department was fired for being a homosexual This was sufficient grounds for dismissal because homosexuals were thought to be an easy blackmail target of communists.
Howard learned that the dismissal was based on the opinion that the messenger swished when he walked Jenkins suggested the messenger go to an orthopedist The orthopedist signed an affidavit stating that the left leg was a quarter inch shorter than the right leg, and the messenger was reinstated During 1946, Howard worked for William Willard Wirtz on the National Wage Stabilization Board Also during these years, Howard Jenkins, Jr felt that he needed to know more about Philosophy of Law, Constitutional History, Legal History, and Constitutional Law so he attended New York University in 1955 While Howard Jenkins, Jr was at New York University he met Edmond Cahn, the author of The Sense of Injustice, a work that later influenced Howard's views on labor law and African AmericansAfter teaching for ten years, Howard Jenkins, Jr, decided to move on.
At that time he was active in the Bar Association, Labor Law Section, and gave a talk at a meeting in Washington where he was critical of the Labor Department's delivery of legal services Stuart Rothman happened to be in attendance at that meeting and later contacted Jenkins He persuaded Jenkins to take a leave of absence from teaching and become a special assistant to him in the Solicitor's Office of the US Department of Labor At the time, Congress was attempting to develop stronger controls over the internal affairs of trade unions These efforts culminated with the enactment of the Landrum-Griffin Act in 1959 Because Jenkins was substantially involved in the drafting of the Landrum-Griffin Act, he was chosen as Deputy Commissioner of the Office of Regulation at Bureau of Labor Management Reports (BLMR) The BLMR is a part of the Department of Labor that ensures compliance with the Landrum-Griffin Act In 1962, Jenkins became Assistant Commissioner of the BLMR and the highest ranking African American attorney in the federal government.
Working closely with a succession of Secretaries of Labor - James P Mitchell, Arthur Goldberg, and Willard Wirtz - Jenkins was well qualified to be a nominee for the National Labor Relations Board (NLRB) Willard Wirtz and Arthur Goldberg were Howard's primary sponsors when John Fitzgerald Kennedy became president With enthusiastic support from the Colorado delegation - Representative Byron Rogers and Senators Gordon Allott and Peter Dominick - Jenkins was sworn in to the NLRB on August 29, 1963 Jenkins was appointed to the National Labor Relations Board (NLRB) in 1963 by the Democratic President Kennedy despite his life-long affiliation with the Republican party His appointment coincided with the landmark civil rights legislation proposed by President John F Kennedy, which was supported by civil rights organizations and their historic march on Washington, DC, in 1963 The day after the historic march, Howard Jenkins, Jr.
, was sworn in as a member of the NLRB Out of respect for Dr Martin Luther King and the civil rights march on Washington, Jenkins postponed his swearing-in ceremony until August 29, 1963 During his acceptance speech, Jenkins said, “I know that it has not escaped your attention that I am a Negro I am conscious of the inter-relationship between the problems of the Negro in the work force and the myriad of problems of our industrial economy” He confirmed that much of what was said and done in the past is equally relevant in the present Early in his tenure at the NLRB, Jenkins left no doubt that his voice would be remembered as one of those brave individuals who spoke out unflinchingly for the equality of all Americans Shortly after his appointment to the Board, Jenkins addressed the Urban League of Kansas City He described the plight of African American workers during that time: I hold the conviction that no lasting solution is to be found in the many faceted racial problem in the United States unless provision is made for rescuing the masses of Negroes from economic oblivion to which they are otherwise consigned in this age of automation Jenkins’s appointment to the NLRB in 1963 meant that he would have the opportunity to broaden the activities of trade unions generally.
His experience under the Landrum-Griffin Act, however, taught him to recognize that not all trade unions were accepting of the principles of equality and opportunity – two central themes in Jenkins’s legal work Jenkins looked to the National Labor Relations Act (NLRA) and the NLRB as vehicles through which change could be accomplishedAbove all else, Jenkins firmly believed in the power of the individual, using the law, to change history He was keenly aware of the effects of racism in unions and therefore felt the role of the Board in encouraging collective bargaining between the employees (particularly minorities) and primarily white employers would provide “many opportunities to strike a blow for freedom” Jenkins’s commitment to both individual civil rights and the rights of labor unions often led to a tension in his work He expressed it once as the “tension between collective action and the rights of the individual vis-à-vis that collectivity” It often became a question of where the group rights ended and individual rights began Throughout his years on the NLRB, Jenkins strove to encourage labor unions and labor policy while preserving and promoting individual civil rights and racial equality He was later re-appointed to the Board by Presidents Lyndon Johnson (1968), Richard M Nixon (1973), and Jimmy Carter (1978).
As the 1960’s were drawing to a close, America was being torn apart by race riots In 1967, President Johnson created an 11-member National Advisory Commission on Civil Disorder to investigate racial unrest and to recommend remedial action Jenkins, unwilling to solely address the increasing racial problems through his role as a Board Member, used speaking engagements across the country to speak out about the causes for African Americans’ unrest In an August 1967 address to the Urban League of the Pikes Peak Region he noted: It lies within the power of American industry to create the jobs so sorely needed It lies within the power of American trade unions to see that every assistance is given to the placement of Negro Americans in the industrial work force He also issued an appeal:Let the Negro men in these cities go to work, let them feel the dignity of being productive, let them assume their rightful places as family supporter and family head, let them raise up sons who look not to a welfare worker or the postman with a relief check, but to their father who supports them with his adequate earnings During early 1968, vicious racial intolerance manifested itself in the assassination of Martin Luther King, Jr, on April 4 With Dr King’s death and the issuance of the Kerner Commission’s report, Jenkins returned to Denver to deliver a very sober analysis of the American legal system and its impact on African Americans.
In his address to the alumni of his alma mater on June 6, 1968, Jenkins stated:Long ignored endemic problems fester and eventually erupt with critical consequences Many Americans profess not to understand the basis for the increasing distrust of the legal process as a method for solving the social ills that beset our Nation They seem not to comprehend the deep-seated sense of frustration seething in the breasts of young black men and women whose children are attending the same public schools, getting the same inadequate education that they received, and they recall that their parents assured them that those conditions would be corrected while they were still children Now they are grown and the gap between promise and practice has grown wider, and victims of the system need no committees of experts to define their problemDuring his first term on the National Labor Relations Board, beginning in 1963, Jenkins frequently found himself leading the way in important cases and influencing national labor law He wrote the majority opinion in the landmark Hughes Tool (Independent Metal Workers Union, Local No 1), 147 NLRB 1572 (1964) In that opinion, he stated, “Specifically, we hold that the NLRB cannot validly render aid under Section 9 of the Act to a labor organization which discriminates racially when acting as statutory bargaining representative” It was a watershed case for African American workers, long discriminated against even within the supposedly protective umbrella of the labor union Later, conflicts arose between the Civil Rights Act of 1964 and the Miranda Fuel decision of 1962 regarding what should come before the NLRB.
Local Union No 12, United Rubber Workers of America, 150 NLRB 312 (1964), involved a company that permitted three separate seniority rolls – Caucasian male, African American male, and female There were also racially separate facilities The Fifth Circuit held that Section 8 of the National Labor Relations Act (NLRA) “was not restricted to discrimination which encourages or discourages union membership The court also held that the Civil Rights Act did not intend to limit the jurisdiction of the NLRB Jenkins was appointed to his second five-year term on the NLRB in July 1968 by President Lyndon Johnson He was sworn into his second term by Supreme Court Justice Thurgood Marshall During his swearing-in ceremony, Jenkins re-affirmed his commitment to addressing racial issues in the collective activity of labor unions, “The spirit of divisiveness is also evident in the field of industrial relations Lines are being drawn and separatism seems on the rise not only as between organized labor and organized management, but also within the ranks of each” During the latter half of his second term on the NLRB, the make-up of the Board began to shift, and Jenkins no longer found himself in the majority on some of the more visible cases involving racial issues.
Nonetheless, he continued to strongly voice his opinions in dissent The late 1960’s and early 1970’s brought cases to the NLRB which presented novel issues and involved questions of invidious discrimination in employment United Packinghouse v NLRB (Farmers’ Cooperative Compress), 169 NLRB 290 (1968, 416 F2d 1126 (DC Cir 1969), cert denied, 396 US.
903 (1969), decision on remand 194 NLRB 85 (1971), debated the extent of the NLRB’s jurisdiction in racial discrimination cases The United States Court of Appeals for the District of Columbia Circuit held that racial discrimination is a violation of Section 8 because it interferes with or restrains the discriminated-against employees from exercising their statutory right to act concertedly for their own aid or protection (as guaranteed by Section 7) In its decision, the court quoted Brown v Board of Education and expanded the concept of the psychological implications of stigmatization discussed in Brown to the employment sphere The court relied upon congressional testimony of labor leaders about the impact of racial discrimination on African American workers The court remanded the case to the NLRB for hearing on whether the company had an invidious discriminatory policy and practice toward African American and Latin American workers On remand, the NLRB disagreed with the Court of Appeals’ finding that docility was produced by discrimination The majority of the Board held that the company did not have a policy and practice of invidious discrimination, even though it maintained a discriminatory retirement plan and transfer policy Jenkins dissented He argued that invidious discrimination employment practices and policies which may induce apathy and docility in minority employees is a violation of Section 8, and he saw docility as a manifestation of the divisiveness.
Later, in Western Addition Community Organization v NLRB, 192 NLRB 173 (1971), rev’d, 485 F2d 917 (DC Cir 1973), rev’d sub nom, Emporium Capwell Co v Western Addition Community Organization, 420 US.
50 (1975), Jenkins relied upon legal precedent to expose a far deeper issue that the Board’s “myopic” ruling failed to address Once again in dissent, Jenkins said that unions are not authorized by Congress to discriminate on the basis of race Emporium Capwell involved African American employees who believed the union’s grievance and arbitration mechanisms were ineffective in combating discrimination They circumvented the union’s grievance policies and directly picketed their employer, and were subsequently fired A majority of the Board held that the employees had unlawfully attempted to force the employer to bargain with them (thus usurping the role of the union as the collective bargaining agent) The Supreme Court upheld the Board’s decision and rejected the idea that an exception to Section 9 must be recognized to protect the rights of minority workers to eliminate discrimination in the work place The Court stated that “central to the policy of fostering collective bargaining…is the principle of majority rule” and not all who are represented will be satisfied The Court accepted the principle that nondiscrimination was embodied as a high priority in national labor policy, but questioned whether separate bargaining was the way to achieve itIn his third term – re-appointed in October 1973 by President Richard M Nixon – Jenkins continued to voice his dissent in important cases involving racial issues.
He held to his opinions in United Packinghouse and Hughes Tool as ways of protecting individual civil rights In Jubilee Manufacturing Company, 202 NLRB 272 (1973), the Board set forth when a violation under the NLRA would occur because of an employer’s acts of invidious discrimination Here, the Union alleged sexual discrimination The Administrative Law Judge had concluded the record was insufficient to establish that the employer had developed and practiced a policy of discrimination based on sex This determination precluded a decision on the United Packinghouse issue: whether an employer’s policy and practice of invidious discrimination interferes with or restrains in violation of Sections 8(a)(1) and (3) the discriminated-against employees in exercising their Section 7 rights The Board agreed that the allegations could not be dismissed because discrimination is not inherently destructive of employees’ Section 7 rights It held there must be actual evidence, as opposed to speculation, of a nexus between the alleged discriminatory conduct and the interference with or restraint of employees in the exercising of their protected Section 7 rights Jenkins dissented, relying on Steele and his opinion in United Packinghouse He found the employment policies and practices of the employer illegal and, as such, inherently destructive of employee rights under Section 7 Therefore, he argued, such conduct violated Sections 8(a)(1) and (3) of the Act.
Bekins Moving and Storage, 211 NLRB 138 (1974) found Jenkins in the majority once again on an important discrimination case as the board reaffirmed the principles of Hughes Tool The employer in Bekins contended that the Board was precluded from holding a union election because the Board had a constitutional duty not to certify a discriminatory union The dissenting opinion argued that the Board had no authority to deny certification Jenkins, however, stated that “what the Board lacks is not the statutory power to withhold their certificate, but rather the constitutional power to confer it” He claimed the duty of fair representation was in the Constitution as well as in the statute Jenkins and Board Member William Miller voted for denying certification to labor unions which had practices, but not policies, of racial discrimination Jenkins’s majority opinion in Bekins was short-lived, however By 1977, newly appointed members had even further realigned the Board’s politics, and a majority overruled Bekins in Handy Andy, Inc, 228 NLRB 447 (1977) In Handy Andy, the majority held that neither the Fifth Amendment nor the NLRA required the Board to resolve questions of invidious discrimination in certification proceedings.
It held there was no nexus between Board certification and any discrimination by a labor union’s activity, and that certification is only an acknowledgement that a majority of employees voted for the union as their representative In his dissent, Jenkins maintained that the majority undercut Hughes Tool, which held that on constitutional grounds, discriminatory practices by a union required denial of representation privileges The Handy Andy majority rationale gained appellate court support in Bell & Howell Co, 230 NLRB 420 (1970), 598 F2d 136 (DC Cir 1979), cert denied, 442 US.
942 (1979) Bell & Howell involved a company alleging that the Union practiced invidious discrimination based on sex The Board denied the motion to disqualify and ordered issuance of certification The Court of Appeals enforced the Board’s order It endorsed the previously held Handy Andy position that challenges of alleged union practices of invidious discrimination through Section 8 of the NLRA, in lieu of withholding certification, would best effectuate the purpose of the ActOnce again, Jenkins disagreed, citing his dissenting opinion in Handy Andy He added, “The availability of other remedies does not legitimize this unconstitutional conduct The Constitution does not permit an arm of the Government to participate in invidious discrimination, against women or any other persons, until other remedies come into play” Illustrating the shortcomings resulting from the Handy Andy approach Jenkins ended his dissent by noting that Bell & Howell claimed the Union’s discriminatory practices had an effect of excluding women from employment as stationary engineers As a consequence, there would not be a bargaining unit member to even seek enforcement of the Union’s statutory obligations.
The final paragraph of Jenkins’s dissenting opinion in Bell & Howell highlights his deep and ever-abiding concern that all employees – regardless of race, creed, sex, religion, or national origin – must be fairly represented by their collective bargaining representative It also conveyed his firm belief that it was the NLRB’s responsibility to insure all employee’s this protection: The national policy against discrimination in employment is poorly served by this decision of my colleagues Moreover, this decision represents a clear abrogation of our constitutional duty to refrain from sanctioning, assisting, and supporting invidious discrimination Indeed, this decision marks a step backward for all those who would seek the good offices of our Agency to combat discrimination, whether it be on the basis of race, creed, color, sex, religion, or national origin On August 27, 1983, Howard Jenkins, Jr, ended his tenure on the National Labor Relations Board He had dedicated 20 years of his life as a member of the Board His record during those years illustrates that he believed that labor rights should be equally protected for all by the NLRB In his letter of resignation to President Ronald Reagan, Jenkins stated: In my four terms spanning twenty years on the Board, under appointments by both Republican and Democratic presidents, it has been a pleasure to have helped formulate many important principles and decisions which have, with court approval, become a major part of our national policy Among these, and one in which I took the lead, is the now well-accepted principle that race and sex discrimination are unfair labor practices prohibited by the National Labor Relations Act.