NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED 215 Section 10 (c) empowers the Board to require an employer to make reports from time to time showing the extent to which he has complied with its order. Ordinarily the Board has ordered that the employer notify its regional director within 10 days from the time of the order what steps he has taken to comply therewith.83 83 Longer periods have been specified in some cases; Matter of Burnside Steel Foundry Company and Amalgamated Association of Iron. Steel and Tin Workers of North America, Lodge No. 1719. 7 N. L. R. B. 714 (15 days) : Matter of Columbian Enameling & Stamping Co. and Enameling & Stamping Mill Employees Union, No. I gen 1 N. L. R. B. 181 (30 days).
VIII. JURISDICTION In section 10 of the act Congress entrusted the Board with jurisdiction "to prevent any person from engaging in any unfair labor practice (listed in sec. 8) affecting commerce." 1 Issues before the Courts involving the jurisdiction of the Board have been of two separate types : first, those involving the right of the Board to determine in the first instance whether a controversy before it is one "affecting commerce," and second, those relating to the question whether the Board in issuing an order to prevent an unfair labor practice has correctly found, that such unfair labor practice is one "affecting commerce." We will take up in order the cases bearing upon these issues. A. THE EXCLUSIVE JURISDICTION OF THE <strong>BOARD</strong> TO DETERMINE IN THE FIRST INSTANCE WHETHER AN ALLEGED UNFAIR <strong>LABOR</strong> PRACTICE IS ONE AFFECTING COMMERCE On January 5, 1938, the Supreme Court in Myers et al v. Bethlehem / Shipbuilding Corporation, 303 U. S. 41, and in New pbrt News Shipbuilding & Dry Dock Co. v. Schauftler et al, 303 U. S. 54, sustained the position of the Board, maintained from the time of its creation, that the authority conferred upon it by the act of determining whether an employer had engaged in an unfair labor practice affecting commerce, was exclusive, subject to subsequent judicial review after Board decision by the appropriate Circuit Court of Appeals of the United States. In two unanimous opinions in the above cases the Court held that a / Federal district court is without jurisdiction to enjoin the Board from holding a hearing upon a complaint filed by it against an employer alleged to be engaged in unfair labor practices prohibited by the act. In the Myers case, the Court pointed out: The District Court is without jurisdiction to enjoin hearings because the power "to prevent any person from engaging in any unfair labor practice affecting commerce" has been vested by Congress in the Board and the Circuit Court of Appeals, and Congress has declared : "This power shall be exclusive, and shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, code, law, or otherwise." The grant of that exclusive power is constitutional, because the act provided for appropriate procedure before the Board and in the review by the Circuit Court of Appeals an adequate opportunity to secure judicial protection against possible illegal action on the part of the Board.' * * The corporation contends that, since it denies that interstate or foreign commerce is involved and claims that a hearing would subject it to irreparable damage, rights guaranteed by the Federal Constitution will be denied unless it be held that the District Court has 'jurisdiction to enjoin the holding of a hearing by the Board. So to hold would, as the Government insists, in effect substitute the District Court for the Board as the tribunal to , hear and determine what Con- 1 The term "commerce" is defined in sec. 2 (6) of the act to include trade, traffic, com. merce, transportation, or communication among the several States and foreign countries, and in the District of Columbia and the Territories. The term "affecting commerce" is defined to mean "in commerce or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce" (sec. 2 (7)). 303 U. S. 41, at 48. 216
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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 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 141 they
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VII. PRINCIPLES ESTABLISIIED 157 se
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VII. PRINCIPLES ESTABLISHED 161 met
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Page 224 and 225: VIII. JURISDICTION 217 gress declar
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Page 228 and 229: IX. LITIGATION During the third yea
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Page 232 and 233: IX. LITIGATION 225 company, within
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Page 246 and 247: IX. LITIGATION 239 National Labor R
Page 248 and 249: IX. LITIGATION 241 National Labor R
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
Page 266 and 267: XIII. LIST OF CASES HEARD AND DECIS
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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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