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NATIONAL LABOR RELATIONS BOARD

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244 THIRD ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />

sions, and recommendations. Trial examiners ordinarily prepare<br />

these reports in Washington. They are then sent to the regional director<br />

who serves the reports on the parties. Reports in cases involving<br />

petitions for determination of representatives are brief, in<br />

and made only to the Board since its power to act in such<br />

cases is exclusive.<br />

Each trial examiner makes his own determination of facts. Trial<br />

examiners are, of course, free to consult with the Chief Trial Examiner<br />

as to questions of law or questions involving the form or language<br />

of their reports.<br />

When, as often occurs, a trial examiner is sent out from Washington<br />

and hears three or four cases before returning to Washington<br />

he is requested to draft his reports in the field and send them in to<br />

the office at Washington for typing. Upon such occasions discussions<br />

as to questions of law and the form of reports may be carried on by<br />

correspondence.<br />

Until recently the Board had made substantial use of the per diem<br />

trial examiner in addition to those on the regular staff. The per<br />

diem system was used for two basic reasons :<br />

(1) As a means of trying out applicants for positions, and<br />

(2) In order to carry the very heavy load of cases.<br />

However, it was decided as of August 1, 1938, the Board would<br />

no longer employ per diem trial examiners. From among those persons<br />

who had been per diem trial examiners a number of individuals<br />

were appointed to positions on its regular staff. Some few persons<br />

not applicants for regular positions are employed occasionally on a<br />

per diem basis when no regular examiners are available.

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