NATIONAL LABOR RELATIONS BOARD

X. TRIAL EXAMINERS' DIVISION
The Trial Examiners' Division, under the direct supervision of
the Chief Trial Examiner, holds hearings on behalf of the Board.
During a portion of the period covered by this report the Secretary
of the Board was also the Chief Trial Examiner, but since the appointment
of a Chief Trial Examiner these functions have been
separated. While the rules provide that the Board, Chief Trial
Examiner, or Regional Director may appoint a trial examiner, M
practice the Chief Trial Examiner designates the trial examiner in
each case.
Members of the Trial Examiners' Division are assigned to preside
over hearings on formal complaints and petitions for certification
of representatives. After the evidence has been presented in such
cases they prepare findings of fact and recommendations that are
submitted to the parties, and, in cases involving certification of representatives,
informal reports for submission to the Board.
In the conduct of the hearing the trial examiner is charged with
the affirmative duty of inquiring fully into the facts in order that
the record may contain all available facts necessary for a determination
of the issues in the case. In performing this duty the trial
examiner may exercise the power given him by the rules to "call,
examine and cross-examine witnesses and to introduce into the record
documentary and other evidence." Although the occasion for the
exercise of this power may not arise if the attorneys presenting the
case are alert to introduce the available and necessary facts, experience
has demonstrated the wisdom of the rule, and often instances
have arisen where, in the absence of the exercise of such power, it
would have been necessary to reopen the record at a later date for
further testimony. With a few exceptions, all of the trial examiners
are attorneys, most of them having brought with them to the Board
a wide experience based on years of practice before the various courts
throughout the country. The knowledge gained in the course of conducting
many hearings tends rapidly to develop an informed and
balanced judgment in the complex field of labor relations, and enables
the trial examiner to guide the parties to an adequate and
orderly presentation of the material facts.
During the hearing the trial examiner has authority to make
rulings on objections and motions. These rulings by the trial examiner
are reviewed by the Board upon its review of the entire
case. Matters of administrative policy, such as the granting of adjournments
for periods that may interfere with previously scheduled
cases or of extensions of time for filing of briefs, are referred to the
Chief Trial Examiner.
Upon the conclusion of a hearing involving the alleged commission
of an unfair labor practice, and when the transcript of the evidence
and the exhibits have been received, the trial examiner prepares an
intermediate report. This report contains findings of fact, conclu-
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