NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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IV. WORK OF THE <strong>BOARD</strong> 21<br />
After thdl complaint cases had been transferred to the Board, either<br />
by its order transferring the cases, by the filing of exceptions to the<br />
intermediate report of the trial examiner by any of the parties to the<br />
proceedings, or by the failure of the respondents to comply with the<br />
recommendations contained in the intermediate report, and after the<br />
representation cases had been heard, the Board issued decisions in 701<br />
cases. This represents y2 percent of the 12,632 cases on docket during<br />
the 12-month period covered by this report. Included in these 701<br />
cases were 514 cases involving the determination of representatives,<br />
and 187 cases involving unfair labor practices.<br />
Settlements.—The Board has attempted in every way possible to reduce<br />
the time element in the procedure before it to a minimum but it<br />
has no control over the time which elapses as a result of the review<br />
of its orders by the courts. Therefore, the ability of the regional directors<br />
to secure settlements without recourse to formal proceedings<br />
has meant the rapid removal from the area of possible industrial conflict<br />
of certain disputes which, by their nature, are likely to lead to<br />
economic strife. The Board is gratified to report, therefore, that substantial<br />
compliance with the act was secured in 4,621 cases settled as<br />
a result of the direct participation of the Board's staff during the fiscal<br />
year ending June 30, 1938. These cases represented 52.2 percent of all<br />
cases disposed of during the period.<br />
In some of the settlements secured by the Board during the fiscal<br />
period ending June 30, 1938, intervention by the Board took place<br />
before the disputes involved had advanced to the stage of strikes or<br />
threatened strikes. However, the issues in these disputes, discrimination,<br />
and union recognition and collective bargaining, were the same<br />
issues which have caused a large percentage of strikes in the United<br />
States for many years, and it may safely be stated that a large proportion<br />
of these disputes would have culminated in strikes but for the<br />
intervention of the Board.'<br />
Of the 4,621 cases settled by the Board, 2,972 were complaint cases,<br />
the settlements of which resulted in recognition of the workers' representatives,<br />
the disestablishment of company unions, reinstatement of<br />
employees who were discriminated against because of union activity,<br />
the cessation of interference with employees' exercise of the right of<br />
self-organization, the posting of notices to this effect, the placement<br />
of workers on preferential employment lists, payment of back wages.°<br />
The settlements in these 2,972 complaint cases affected 595,640 workers.<br />
The remaining 1,649 cases settled, involving 339,898 workers, were<br />
representation cases. Of this total 830 cases were settled by elections<br />
held with the consent of all parties involved. In many cases, as a result<br />
of these elections, the employers entered into contractual relations with<br />
the unions winning the elections. In 603 cases the employers entered<br />
into collective bargaining negotiations with the petitioning union<br />
without recourse to the election machinery provided for in the act, and<br />
in 216 additional cases the employers consented to a pay-roll check,<br />
i. e. a comparison of union membership cards with the employers' pay<br />
rods, in order to determine whether or not a majority Of their<br />
employees had selected the petitioning union as their representative.<br />
In about 64 percent of all cases closed by settlement, the terms of<br />
the agreement were reduced to writing.<br />
6 See appendix A, p. 284.<br />
"26 complaint cases were settled by elections conducted by the Board and its agents.