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NATIONAL LABOR RELATIONS BOARD

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

Of the 6,807 complaint cases received during the fiscal year, 66.7<br />

percent included the allegation of discrimination either for union<br />

activity, for testifying before the Board, or filing charges with the<br />

Board. About 38 percent of the cases alleged the refusal of the<br />

employer to bargain collectively with the representatives of the workers.<br />

The charge of domination of and interference with a labor organization<br />

was made in approximately 19 percent of the cases received.<br />

Complaint eases closed July 1, 1937 to June 30, 1938.—Complaint<br />

cases closed fall into two main categories—cases closed before the<br />

issuance of complaints and cases closed after the issuance of coinplaints.<br />

Included in the latter group are cases closed after the issuance<br />

of a Board decision and order.3<br />

The Board disposed of 5,694 complaint cases 2 or 69.3 percent of all<br />

complaint cases on docket before the Board, during the fiscal year ending<br />

June 30, 1938. Of this total, 5,487 cases, or 96.4 percent, were<br />

closed, before the issuance of complaints. The fact that such a large<br />

proportion of the cases was closed in the early stages reflects the<br />

effectiveness of the Board's work.<br />

Settlements in compliance with the act were secured in 2,972 cases,<br />

affecting 595,640 workers. These cases represent 52.2 percent of all<br />

complaint 'Cases disposed of by the Board. Most of the settlements<br />

provided for the cessation of one or more of the unfair labor practices<br />

listed in section 8 of the act and had the direct effect of securing<br />

compliance with the act, removing from the area of dispute the most<br />

frequent causes of strikes. As a practical restitution to employees for<br />

damage illegally done them by employers by violation of the provisions<br />

of the act, workers who were discriminatorily discharged secured<br />

reinstatement, and, in many instances, provision was made for cash<br />

payment in lieu of back wages lost.<br />

The Board dismissed 1,111 complaint cases either upon the refusal<br />

of the regional director to issue a complaint, or by the dismissal of<br />

complaints by the trial examiner after hearing. Slightly less than<br />

20 percent of all cases disposed of were closed in this manner.<br />

Charges of unfair labor practices were withdrawn in 1,578 cases,<br />

or 27.7 percent of all complaint cases closed. These withdrawals took<br />

place both before and after the issuance of complaints and include<br />

cases transferred to other agencies or from one regional office to<br />

another.<br />

The remaining 33 complaint cases, or 0.6 percent of the total closed,<br />

were disposed of after the issuance of Board decisions and orders.<br />

Table VIII shows a complete breakdown of the disposition of all<br />

complaint cases during the fiscal year 1937-38.<br />

3 For statistical purposes only, complaint cases in which decisions and orders have been<br />

issued are considered closed when compliance is secured with the affirmative portions of<br />

the Board decisions. However, the negative portions of the orders, i. e., the cease and<br />

desist orders, continue in effect indefinitely.

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