1 - National Labor Relations Board

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Operations in Fiscal Year 1969 19 of the 90 deauthorization elections, while they maintained the right in 36 other elections, which covered 2,935 employees. (See table 12.) . By voluntary agreement of parties involved, 6,405 stipulated and consent elections were conducted. These were 79 percent of the total elections, compared with 78 percent in fiscal 1968. (See table 11.) Although fewer elections were won by unions in 1969, as compared with 1968, more employees-526,419—exercised their right to vote. This was an increase of 19,647 voters, about 4 percent above the previous year. For all types of elections, the average number of employees voting, per establishment, was 66. About three-fourths of collective-bargaining elections each involved 59 or fewer employees. There was about the same average of 59 employees for the decertification elections. (See tables 11 and 17.) In decertification elections, unions won in 99, lost in 194. Unions retained the right of representation of 12,422 employees in the 99 elections won. Unions lost the right of representation of 9,349 employees in the 194 elections in which they did not win. As to size of bargaining units involved, unions won in units averaging 126 employees and lost in units averaging 48 employees. (See table 13.) The average number of employees per election on the question of union-shop deauthorization was 29 where deauthorization was voted, and 82 where authorization was continued. (See table 12.) d. Decisions Issued There were 4,387 decisions issued by the Agency in fiscal 1969, a 7-percent increase over the 4,107 decisions of fiscal 1968. Board Members issued 1,922 in 2,467 cases-224 more than the 1,698 of 1968. Regional directors issued 2,465 in 2,619 cases, a gain of 56 over the 2,409 in 1968. Trial examiners issued 929 decisions and recommended orders in fiscal 1969, a 1.5-percent decline from the 943 of fiscal 1968. (See chart 8.) Trial examiners in 1969 also issued 22 backpay decisions (24 in 1968) and 16 supplemental decisions (21 in 1968). (See table 3A.) In 1969 Board Members and regional directors issued 4,171 decisions involving 4,836 unfair labor practice and representation cases. (See chart 13.) The Board and regional directors issued 216 decisions in 250 cases regarding clarification of employee bargaining units, amendments to union representation certifications, and union-shop deauthorization cases.
20 Thirty-fourth Annual Report of the National Labor Relations Board Parties contested the facts or application of the law in 1,244 of the 1,922 Board decisions. The contested decisions follow : Total contested Board decisions 1,244 Unfair labor practice decisions (including those based on stipulated record) 732 Supplemental unfair labor practice decisions 23 Backpay decisions 11 Determinations in jurisdictional disputes 47 Representation decisions: After transfer by regional directors for initial decisions _ 100 After review of regional directors' decisions 27 Total representation decisions 127 Decisions on objections and/or challenges 286 Decisions as to clarification of bargaining units 14 Decisions as to amendments to certifications 4 This tally left 678 decisions which were not contested before the Board. A relatively small number of contested cases reach the Board Members. This is accounted for by case settlements, adjustments, withdrawals, and dismissals. (See chart 3 and tables 7 and 7A.) These processes effectively dispose of the vast bulk of charges filed with the Agency without need of extended litigation. A number of related cases may be covered in Board decisions. In 1969 the 732 contested unfair labor practice decisions were concerned with 1,080 cases. In ruling on the 1,080 cases, the Board found violations of the Act in 892, or 83 percent. In 1968 violations were found in 929, or 86 percent, of the 1,079 contested cases. Contested case decisions by the Board showed the following results : 1. Employers—During fiscal 1969 the Board issued decisions in 850 contested unfair labor practice cases against employers, or 7 percent of the 12,404 unfair labor practice cases against employers disposed of by the Agency. Violations were found in 741 (87 percent), the same as in 1968 when violations were found in 87 percent of 914 cases. Board remedies in the 741 cases included ordering employers to reinstate 1,022 employees, with or without backpay ; to give backpay without reinstatement to 56 employees ; to cease illegal assistance to or domination of labor organizations in 36 cases ; and to bargain collectively with employbe representatives in 329 cases. 2. Unions—In fiscal 1969 there were 199 Board decisions in contested unfair labor practice cases against unions. This was 3 percent of the 6,535 union cases closed in 1969. Of the 199 cases,
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70 Thirty-fourth Annual Report of t
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IX Injunction Litigation Section 10
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Table 3A.—Formal Actions Taken in
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it! All C cases CA cases CB cases C
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Table 11A.—Analysis of Elections
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Table 13.-Final Outcome of Represen
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Participating unions AFL-CIO v. AFL
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Participating unions AFL-CIO v. AFL
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Table 20.—Injunction Litigation U
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