NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 213 found that the procurement or execution, 67 or enforcement 68 of such contracts by the employer constituted or were part of the unfair labor practices." 9. EFFECT ON BOARD ORDERS OF AGRFEMENTS I PURPORTING TO COMPROMISE UNFAIR LABOR PRACTICES The Board's power to prevent any person from engaging in any unfair labor practices affecting commerce is exclusive and cahnot be affected "by any other means of adjustment or prevention that has been or may be established by agreement, code, law, or otherwise." 7° The Board has stated that "no private party can sanction an employer's interference, restraint, or coercion in the exercise of the rights guaranteed by section 7 of the act, nor can such a party sanction unlawful domination, interference, or support of a labor organization by an employer, in contravention of the policies of the act."" When charges of unfair labor practice have been filed, the Board investigates any contract or agreement which purports to settle or compromise the charges. Ordinarily the Board will not interfere with a settlement or agreement between an employer and the union which effectuates the policies of the act,72 particularly if the agreement is concluded with the safeguard of the presence of a governmental representative.'3 If the Board finds that the agreement will effectuate the policies of the act, it ascertains whether the employer has substantially complied with its terms; if he has not, it issues appropriate orders. 74 When the facts relating to performance are in doubt, the Board has issued its order in the alternative." nothing in this order shall preclude the employer from hereafter making an agreement with Boot and Shoe Workers' Union or any labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Sec. 9 (a) of said Act." Also, "Cease and desist from recognizing Boot and Shoe Workers' Union as the exclusive representative of Its employees unless and until Boot and Shoe Workers' Union is certified as such by the Board"). GT See, for example, Matter of Hopwood Retinning Co., Inc. and Monarch Retinning Co., Inc., 4 N. L. R. B. 922, order quoted in note 64, supra, and enforced in National Labor !elation Board v. Hopwood Retinning Co., Inc.. 98 F. (2d) 97 (C. C. A. 2d, 1938) ; Matter of David C. Kennedy, Inc. and Isidore Greenberg, 6 N. L. R. B. 699. 6s See for example, Matter of Highway Trailer Co. and United Automobile Workers of America, Local No. 135 and Local No. 136, 3 N. L. R. B. 591, order enforced upon consent in National Labor Relations Board v. Highway Trailer Co., 95 F. (2d) 1012 (C. C. A. 7th. 1938) : Matter of National. Electric Products Corporation and United. Electrical and Radio Workers of America, Local No. 1073—B, 3 N. L. R. B. 475, order quoted in note 66, supra. 'a See, for discussion, Matter of Atlas Bag and Burlap Company, Inc. and Milton. Rosenberg, Organizer, Burlap ef Cotton Bag Workers, Local Union No. 2469, affiliated with United Textile 1Vorkers Union, 1 N. L. R. B. 292;• Matter of Clinton Cotton Mills and Local No. 2181, United Textile Workers of America, 1 N. L. R. B. 97 ; Matter of National Electric Products Corporation and United Electrical and Radio Workers of America, Local No. 509, 3 N. L. R. B. 475; Matter of Consolidated Edison Company of 2%cto York, Inc., et al. and United Electrical and Radio Workers of America, affiliated with the Committee for Industrial Organization, 4 N. L. R. B. 71, order enforced in Consolidated Edison Co. v. National Labor Relations Board, 95 F. (2d) 390 (C. C. A. 2d), cert. granted 58 S. Ct. 1038. 70 Sec. 10 (a), 49 Stat. 449. 71. Matter of Ingram Manufacturing Company and Textile Workers Organizing Committee, 5 N. L. R. B. 908, 911. 72 Matter of T. TV. Hepier and International Ladies Garment Workers Union, 7 N. L. R. B. 255. "Matter of Ingram Manufacturing Company and Textile Workers Organizing Committee, 5 N. L. R. B. 908. 911. In numerous cases, the Board has approved stipulations entered into by parties to its proceedings, and has issued orders based upon such agreements. See, for example, Matter of David and Hyman Zoslow, trading as Golden Star Shoe Renewing Company, etc. and United Shoe Workers of America, Local No. 136, 4 N. L. R. B. 829; Matter of Brown Shoe Oompany, Inc. and Boot, Shoe Worker's Union, Local 649, 5 N. L. R. B. 212; Matter of Hatokeye Pearl Button Company and Amalgamated Clothing Workers of America. 7 N. L. R. B. 491. 7* Batter of the Kelly-Springfield Tire Co. and United Rubber Workers of America, Local No. 26, and James H. Reed and Minnie Rank, 6 N. L. R. B. 325. 75 Matter of T. TV. Hepler and International Ladies, Garment Workers Union, 7 N. L. R. B. 255 ("If the agreement for the reinstatement of strikers has not been complied with, upon application offer to those employees who went out on strike on May 26, 1937, and
214 THIRD ANNUAL REPORT OP NATIONAL LABOR RELATIONS BOARD 10. REQUIREMENTS THAT EMPLOYERS PUBLICIZE TERMS OF ROAM) ORDERS -AMONG EMPLOYEES In cases in which the Board has found that an employer has engaged in unfair labor practices it has ordered him to post notices in conspiauous places in his plant or place of business." All such notices are required to contain a statement that the employer will cease and desist from the unfair labor practices found; some are required to include additional statements the publicizing of which among the employees is deemed necessary to effectuate the policies of the act. Thus, the Board has required that notices state that the employer will take certain affirmative action indicated in the order; 77 that the employees are free to join or assist a particular union which has been discriminated against, or any other labor organization of their own choosing; 78 that an employer-dominated labor organization is disestablished as a representative of the employees for the purposes of collective bargaining; 79 that the employer will not discharge or in any manner discriminate against members or those desiring to become members of a union ; 80 and that he "has instructed its [his] foremen and other supervisory officials to remain neutral as between organizations and that any violations of this instruction should be reported to it [him] "81 Usually the employer is required to keep the notices posted for at least 30 consecutive days. In some cases the nature of the unfair labor practices has required that notice be given to employees individually. Thus, where individual contracts were exacted from employees in violation of their rights under the act, the employer was ordered to inform each employee that the contract was void and would not be enforced.82 thereafter, immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges, in the manner set forth in the section entitled "Remedy," above, placing those employees for whom employment is not immediately available upon a preferential list in the manner set forth In said section"). " It was intended that sec. 10 (c) of the act would include the power to require the "posting of appropriate bulletins" (H. R. Rep. No. 1147, 74th Cong., 1st Sess. (1935) 21) and it had been held that "suitable publicity" is an appropriate remedy for effectuating the policies of the act. A rationaL Labor Relations Board v. Pennsylvania Greyhound Lines. Inc., and Greyhound Management Company, 303 U. S. 261;. National Labor Relations Board v. J. Freezer and Son, 95 F. (2d) 840 (C. C. A. 4th, 1938). Cf. National Labor Relations Board v. The A. S. Abell Company, 97 F .(2d) 951 (C. C. A. 4th. 1938), and MoorsiUe Mills v. National Labor Relations Board, 97 F. (2d) 959 (C. C. A. 4th, 1938, 1 where the court ordered the form of notice modified so as to require the posting of a copy of the order of the Board, together with a statement that the order had been approved by the Circuit Court of Appeals and was binding upon the employer. 77 See, for example, Matter of Consolidated Edison Company of New York, Inc., at al. and United Electrical and Radio Workers of America, Local No. 509, affiliated with the Committee for Irulustrial Organization, 4 N. L. R. B. 71, order enforced, 95 F. (2d) 390 (C. C. A. 2d, 1938). cert. granted, 58 S. Ct. 1038; Matter of The Kelly-Springfield Tire Company and United Rubber Workers of America, Local No. 26, and James M. Reed and Minnie Rank (notice required to state that the employer will take all the affirmative action specified in the order) (consent decree) 4 Cir., off 'g (1938) 6 N. L. R. B. 325. 78 Matter of Proximity Print Works and Textile Workers Organizing Committee, 7 N. L. R. B. 803. Matter of Montgomery Ward and Company, Incorporated,- a corporation and United . Mail Order and Retail Workers of America, 4 N. L. R. B., 1151. Matter of Jones & Laughlin Steel Corporation and Amalgamated Association of Iron, Steel & Tin Workers of North America, Beaver Valley Lodge No. 200, 1 N. L. R. B., No. 503. order enforced in National Labor Relations Board v. Jones & Laughlin Steel Corp., 02 F. (2d) 182 (C. C. A. 5th, 1936), 301 U. S. 1. "Matter of Highway Trailer Company and United Automobile 1Vorkers of America, Local No. 135 and Local No. 136, 3 N. L. R. B. 591, order enforced upon consent in National Labor Relations Board T. Highway Trailer Co., 95 F. (26) 1012 (C. C. A. 7th, 1938). See also Matter of Metropolitan Engineering Company and Metropolitan, Device Corporation and United Electrical and Radio Workers of America, Local 1203, 4 N. L. R. B 542; Matter of Botany Worsted Mills and Textile Workers Organizing Committee, 4. N. L. H. B. 292. 82 Matter of David E. Kennedy, Inc. and Isidore Greenberg, 6 N. L. R. B. 699; Matter of Hopwood Retinning Company, Inc. and Monarch Retinning Company, Inc. and Metal Polishers, Buffers, Platers and Helpers International Union, Local No. 8, and Teamsters Union, Local 584, 4 N. L. R. B. 922, order enforced, as modified as to other issues in National Labor Relations Board v. 'Hopwood Retinning Co., 98 F. (2(1) 97 (C. C. A. 2nd).
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' 77,7.,Tri=1EST THIRD ANNUAL REPOR
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NATIONAL LABOR RELATIONS BOARD DONA
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CONTENTS • Page I. Introduction 1
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THIRD ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTION 3 1937, 34 percent;
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I. INTRODUCTION 5 Inasmuch as the d
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I. INTRODUCTION 7 to the particular
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II. THE NATIONAL LABOR RELATIONS BO
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Region 1, Old South Building, Bosto
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II. THE NATIONAL LABOR RELATIONS BO
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THE BOARD Appointed by President to
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III. PROCEDURE OF THE BOARD 17 in t
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yirolui OF THE BOARD 19 If the part
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IV. WORK OF THE BOARD 21 After thdl
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IV. WORK OF THE BOARD 23 Tables II
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IV. WORK OF THE BOARD 25 TABLE V
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V. COMPLAINT CASES A.. STATISTICAL
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TABLE VII.—Analysis of charges pe
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V. COMPLAINT CASES 31 TABLE VIII.-D
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V. COMPLAINT CASES 33 Decisions iss
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V. COMPLAINT OASES 35 TABLE XII.-Di
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V. COMPLAINT CASES 37 TABLE XIV.-Di
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VI. REPRESENTATION CASES A. STATIST
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VI. REPRESENTATION OASES 41 Represe
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VI. REPRESENTATION CASES 43 Decisio
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VI. REPRESENTATION CASES 45 TABLE X
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VI. REPRESENTATION CASES 47 TABLE X
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TABLE XXI.-Number of elections cond
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VII. PRINCIPLES ESTABLISHED In the
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VII. PRINCIPLES ESTABLISHED 53 him
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VII. PRINCIPLES ESTABLISHED 55 and
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VII. PRINCIPLES ESTABLISHED 57 pany
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VII. PRINCIPLES ESTABLISHED 59 6. I
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Vii. PRINCIPLES ESTABLISHED 61 alle
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VII. PRINCIPLES ESTABLISFIED 63 The
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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 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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Page 214 and 215: VII. PRINCIPLES ESTABLISHED 207 ing
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Page 224 and 225: VIII. JURISDICTION 217 gress declar
Page 226 and 227: VIII. JURISDICTION 219 fiscal year.
Page 228 and 229: IX. LITIGATION During the third yea
Page 230 and 231: IX. LITIGATION 223 FIRST CIRCUIT Na
Page 232 and 233: IX. LITIGATION 225 company, within
Page 234 and 235: IX. LITIGATION 227 economic pressur
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Page 246 and 247: IX. LITIGATION 239 National Labor R
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Page 250 and 251: X. TRIAL EXAMINERS' DIVISION The Tr
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Page 262 and 263: xn. PUBLICATIONS DIVISION 255 The f
Page 264 and 265: • 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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