NATIONAL LABOR RELATIONS BOARD

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THE <strong>BOARD</strong> Appointed by President to enforce the National Labor Relations Act (20 U. S. C. 161) Executive Office P- H L Legal Division Trial Examiner Division ivision of conomic Research Division of Publications Litigation and Regional Legal Supervision Case Analysis and Decisions Administrative Office I I Personnel Stenographic Section Correspondence and Case Development Files and Mails Accounts Docket Library Duplicating Purchase and Supplies Regional Offices
III. PROCEDURE OF THE <strong>BOARD</strong> The procedure of the Board, as set forth in the act and elaborated in the Rules and Regulations made and published thereunder,' was discussed in detail in the First Annual Report. 2 This procedure, carefully devised to meet the requirements of a full and fair hearing, has stood the test of time and experience. In no decided case under the act has the Board's procedure been successfully challenged, and during the present fiscal year the Board has found it desirable to modify its procedure in only one respect, hereinafter discussed. As pointed out in the First Annual Report, the Board, in cases arising under Section 10 of the act, has usually followed the practice of requiring the trial examiner hearing the case to submit an intermediate report, containing his findings of fact on the evidence and his recommendations as to the disposition of the case. This intermediate report is served on the parties. 3 Within 10 days from the date on which the intermediate report is filed, unless the time is extended, as is often the case, any party is permitted to file with the, Board a statement of exceptions to the report or to any other part of the record. 4 Upon request, the Board has also permitted the parties to submit briefs and present oral argument before the Board in Washington. In some cases, relatively few in number, in which it was deemed specially important that the Board first consider the record, the Board, at the conclusion of the hearing, has ordered that the proceeding be transferred to and continued before it. In such cases, the procedure was similar to that in other cases except that the filing of an intermediate report by the trial examiner was dispensed with. Following the decision of the Supreme Court in Morgan v. United States (304 U. S. 1), decided April 25, 1938, the Board modified its practice to require in all cases the issuance of either an intermediate report or of proposed findings of fact. 6 In other words, if no intermediate report were made by the trial examiner, then the Board itself, before making its final decision, issued proposed findings and a proposed order. This is served on the parties, with the right to file exceptions thereto and to brief or to argue orally the exceptions before the Board. In the Morgan case, the Court held invalid an order of the Secretary of Agriculture, under the Packers and Stockyards Act, based upon findings prepared by those who had engaged 1 series I, as amended. Apr. 7, 1936; published in Federal Register. vol. 1. no 32, Apr. 28, 1936. The Board found it unnecessary to amend its Rules and Regulations during the present fiscal year. r Ch. V, pp. 21-28. s Art. II, sec. 32, Rules and Regulations. 4 Art. II, sec. 34. Rules and Regulations. 5 Art. II, sec. 37, Rules and Regulations. 6 Pronosed findings of fact were subsequently issued in the following eases: Matter of Smith Wood Products, Inc., 7 N. L. R. B. 113; Matter of Inland Steel Company, 9 N. L. R. B.. No. 73; Matter of Douglas Aircraft Corporation, 10 N. L. R. B., No. 18; Matter of Empire Furniture Com p any, case No. C-305. 16
Page 1 and 2: ' 77,7.,Tri=1EST THIRD ANNUAL REPOR
Page 3 and 4: NATIONAL LABOR RELATIONS BOARD DONA
Page 6 and 7: CONTENTS • Page I. Introduction 1
Page 8 and 9: THIRD ANNUAL REPORT OF THE NATIONAL
Page 10 and 11: I. INTRODUCTION 3 1937, 34 percent;
Page 12 and 13: I. INTRODUCTION 5 Inasmuch as the d
Page 14 and 15: I. INTRODUCTION 7 to the particular
Page 16 and 17: II. THE NATIONAL LABOR RELATIONS BO
Page 18 and 19: Region 1, Old South Building, Bosto
Page 20 and 21: II. THE NATIONAL LABOR RELATIONS BO
Page 24 and 25: III. PROCEDURE OF THE BOARD 17 in t
Page 26 and 27: yirolui OF THE BOARD 19 If the part
Page 28 and 29: IV. WORK OF THE BOARD 21 After thdl
Page 30 and 31: IV. WORK OF THE BOARD 23 Tables II
Page 32 and 33: IV. WORK OF THE BOARD 25 TABLE V
Page 34 and 35: V. COMPLAINT CASES A.. STATISTICAL
Page 36 and 37: TABLE VII.—Analysis of charges pe
Page 38 and 39: V. COMPLAINT CASES 31 TABLE VIII.-D
Page 40 and 41: V. COMPLAINT CASES 33 Decisions iss
Page 42 and 43: V. COMPLAINT OASES 35 TABLE XII.-Di
Page 44 and 45: V. COMPLAINT CASES 37 TABLE XIV.-Di
Page 46 and 47: VI. REPRESENTATION CASES A. STATIST
Page 48 and 49: VI. REPRESENTATION OASES 41 Represe
Page 50 and 51: VI. REPRESENTATION CASES 43 Decisio
Page 52 and 53: VI. REPRESENTATION CASES 45 TABLE X
Page 54 and 55: VI. REPRESENTATION CASES 47 TABLE X
Page 56 and 57: TABLE XXI.-Number of elections cond
Page 58 and 59: VII. PRINCIPLES ESTABLISHED In the
Page 60 and 61: VII. PRINCIPLES ESTABLISHED 53 him
Page 62 and 63: VII. PRINCIPLES ESTABLISHED 55 and
Page 64 and 65: VII. PRINCIPLES ESTABLISHED 57 pany
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Page 68 and 69: Vii. PRINCIPLES ESTABLISHED 61 alle
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VII. PRINCIPLES ESTABLISHED 65 ers
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VII. PRINCIPLES ESTABLISHED 67 oppo
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VII. PRINCIPLES ESTABLISHED 69 unio
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VH. PRINCIPLES ESTABLISHED 71 tion
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VII. PRINCIPLES ESTABLISHED 73 agai
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VII. PRINCIPLES ESTABLISHED 75 Upon
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WI. PRINCIPLES ESTABLISHED 77 convi
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VII. PRINCIPLES ESTABLISHED 79 Stea
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VII. PRINCIPLES ESTABLISHED 81 4. P
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VII. PRINCIPLES ESTABLISHED 83 "I h
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VII. PRINCIPLES ESTABLISHED 85 acte
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VII. PRINCIPLES ESTABLISHED 87 In a
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VII. PRINCIPLES ESTABLISHED 89 The
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VII. PRINCIPLES ESTABLISHED 91 with
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VII. PRINCIPLES ESTABLISHED 93 When
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\tn. ritniccipLEs ESTABLISH 95 sole
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VII. PILIXCIPLES ESTABLISH_ED 99 Th
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VII. PRINCIPLES ESTABLISHED 101 It
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VII. PRINCIPLES ESTABLISHED - 103 s
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VII. PRINCIPLES ESTABLISHED 105 the
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VII. PRINCIPLES ESTABLISHED 107 In
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VII. PRINCIPLES ESTABLISHED 109 fis
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VII. PRINCIPLES ESTABLISHED 111 ent
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VII. PRINCIPLES ESTABLISHED 113 tio
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VII. PRINCIPLES ESTABLISHED 115 law
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VII. PRINCIPLtS tSTA13LISIIED 119 t
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VII. PRINCIPLES ESTABLISHED 121 pro
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VII. PRINCIPLES ESTABLISHED 123 mov
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VT!. PRINCIPLES ESTA13LISHED 125 to
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VII. PRINCIPLES ESTABLISHED 127 1.
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VII. PRINCIPLES ESTABLISHED 129 Pac
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WI. PRINCIPLES ESTABLISRED 131 A qu
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VII. PRINCIPLES ESTABLIS14ED 133 me
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VII. PRINCIPLES ESTABLISHED 135 Ame
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VII. PRINCIPLES ESTABLISHED 137 Whe
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VII. PRINCIPLES ESTABLISHED 139 its
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VII PRINCIPLES ESTABLISHED 141 they
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- VII. PRINCIPLES ESTABLISHED 143 T
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VII. PRINCIPLES ESTABLIS FTED 145 t
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VII. PRINCIPLES ESTABLISHED 147 tio
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VII. PRINCIPLES ESTABLISHED 151 in
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VII. PRINCIPLES ESTABLISHED 153 "Af
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VII. PRINCIPLES ESTABLISHED 155 fac
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VII. PRINCIPLES ESTABLISIIED 157 se
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VII. PRINCIPLES ESTABLISHED 161 met
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VII. PRINCIPLES ESTABLISHED 163 mad
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VII. PRINCIPLES ESTABLISHED 165 has
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VII. PRINCIPLES ESTABLIS1TED 167 If
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VII. PRINCIPLES ESTABLISHED 169 Sin
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VII. PRINCIPLES ESTABLTSHED 175 int
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VII. PRINCIPLES ESTABLISHED 177 It
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VII. PRINCIPLES ESTABLISHED 179 emp
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VII. PRINCIPLES ESTABLISH -ED 181 t
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VII. PRINCIPLES ESTABLISHED 185 Off
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VII. PRINCIPLES ESTABLISHED 187 exc
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VII. PRINCIPLES ESTABLISHED 189 are
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VII. PRINCIPLES ESTABLISHED 191 of
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VII. PRINCIPLES ESTABLISHED 193 ( H
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VII. PRINCIPLES ESTABLISHED 207 ing
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VII. PRINCIPLES ESTABLISHED 211 pay
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VII. PRINCIPLES ESTABLISHED 213 fou
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VII. PRINCIPLES ESTABLISHED 215 Sec
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VIII. JURISDICTION 217 gress declar
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VIII. JURISDICTION 219 fiscal year.
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IX. LITIGATION During the third yea
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IX. LITIGATION 223 FIRST CIRCUIT Na
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IX. LITIGATION 225 company, within
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IX. LITIGATION 227 economic pressur
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IX. LITIGATION 229 notable is that
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IX. LITIGATION 231 order of the Boa
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IX. LITIGATION 233 in National Labo
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IX. LITIGATION 235 denied for the r
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IX. LITIGATION 237 E. CUMULATIVE SU
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IX. LITIGATION 239 National Labor R
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IX. LITIGATION 241 National Labor R
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X. TRIAL EXAMINERS' DIVISION The Tr
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XI. DIVISION OF ECONOMIC RESEARCH D
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XI. DIVISION OF ECONOMIC RESEARCH 2
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xn. PUBLICATIONS DIVISION 255 The f
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• XIII. LIST OF CASES FrEARD AND
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XIII. LIST OF CASES HEARD AND DECIS
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XM. LIST OF CASES HEARD AND DECISIO
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XILL LIST OF CASES HEARD AND DECISI
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XIII. LIST OF CASES 1:1RARD AND DEC
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XIV. FISCAL STATEMENT The expenditu
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APPENDIX A TABLE I.—Comparison, o
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APPENDIX A 287 TABLE H.-Comparison
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APPENDIX B LIST OF RECENT REFERENCE
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APPENDIX B 291 Collective bargainin
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NATIONAL LABOR RELATIONS BOARD

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