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NATIONAL LABOR RELATIONS BOARD

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VII. PRINCIPLES ESTABLISHED<br />

In the First and Second Annual Reports we outlined the important<br />

principles enunciated by the Board in its decisions issued during the<br />

first and second years of its existence. 1 No attempt will be made<br />

in this chapter to repeat that material. While referring on occasion<br />

to decisions discussed in the First and Second Annual Reports, we<br />

shall devote this chapter primarily to the reiteration, extension, or<br />

development of principles already laid down or to the establishment<br />

of new principles as enunciated by the Board in its decisions issued<br />

from July 1, 1937, to June 30, 1938.2<br />

For convenience the chapter has been divided into seven sections:<br />

A. Interference, restraint, and coercion in the exercise of the rights<br />

guaranteed in section 7 of the act. This section deals with cases arising<br />

under section 8 (1) of the act.<br />

B. Encouragement or discouragement of membership in a labor<br />

organization by discrimination : This section deals with cases arising<br />

under section 8, subdivision (3) of the act.<br />

C. Collective bargaining: This section deals with cases arising under<br />

section 8 (5) of the act.<br />

D. Domination and interference with the formation or administration<br />

of a labor organization and contribution of financial or other<br />

support to it : This section deals with cases arising under section 8,<br />

subdivision (2) of the act.<br />

E. Investigation and certification of representatives : This section<br />

deals with proceedings arising under section 9 (c) of the act. Such<br />

proceedings normally include the taking of secret ballots to determine<br />

representatives for the purpose of collective bargaining.<br />

F. Adequate proof of majority representation where no election is<br />

held : This section deals with proof of majority under section 8 (5)<br />

and 9 (c) where no election is held.<br />

G. The unit appropriate for the purposes of collective bargaining :<br />

This section is devoted to a discussion of the principles developed by<br />

the Board pursuant to its power under section 9 (b) of the act. The<br />

question of the appropriate unit is an issue in cases arising both under<br />

section 8 (5) and section 9 (c) of the act.<br />

H. Administrative remedies : This section deals with the remedies<br />

which the Board has applied, pursuant to section 10 (c) of the act,<br />

in cases in which it has found that employers have engaged in unfair<br />

labor practices.<br />

A. INTERFERENCE, RESTRAINT, AND COERCION IN THE EXERCISE<br />

OF THE RIGHTS GUARANTEED IN SECTION 7 OF THE ACT<br />

Section 7 of the act provides that—<br />

Employees shall have the right to self-organization, to form, join, or assist<br />

labor organizations, to bargain collectively through representatives of their<br />

I The First Annual Report deals with all decisions issued up to June 30, 1936, reported<br />

in 1 N. L. R. B.; the Second Annual Report deals with all decisions issued up to June 30,<br />

1937, reported in 1 and 2 N. L. R. B.<br />

2 The decisions issued from July 1, 1937, to June 30, 1938, are reported in 3 to 7<br />

N. L. R. B., inclusive.<br />

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