NATIONAL LABOR RELATIONS BOARD

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I. A SUMMARY 3 In dealing with disputes in defense industries the Board has cooperated fully with other Government agencies. Problems involving the rights of employees to self-organization and to bargain collectively have cut across many disputes threatening or actually tying up defense production which have engaged the attention of the Conciliation Service of the Department of Labor, the Labor Division of the Office of Production Management, and the National Defense Mediation Board. Since these agencies operate to mediate disputes and not to adjudicate statutory rights, the existence of claims under the National Labor Relations Act has been recognized as calling for close collaboration with the Board in its handling of such disputes. Thus there are many cases where mediation of a dispute over working conditions must await an investigation by the National Labor Relations Board under section 9, or where the investigation to determine whether the union claiming to represent the workers really does so in the contemplation of the Act, must await adjudication of unfair labor practice charges. In cases where the statutory rights of the workers are involved, the mediation agencies cooperate with and assist the Board to arrive at prompt decisions or satisfactory settlements. Mediation of statutory rights has not been resorted to. The tension which has pervaded the field of labor relations during the last year has been apparent to the Board since the middle of the fiscal year. Over 50 percent of the cases on its docket involve defense industries. Practically all the representation cases handled either formally or informally represent issues which demand the most expeditious handling because of threatened stoppages in defense production. This is true also of a substantial number of the complaint cases where it has not been possible for any of the .mediation or conciliation agencies of the Government or of the Board's field staff to secure an ,amicable and satisfactory adjustment despite the fact that such cases result in stoppages or prevent collective bargaining. To achieve the closest cooperation with the mediation and conciliation agencies of the Government, the Board has directed its Field Division in Washington and its field employees throughout the country to work with the mediation and conciliation agencies of the Government and with the War and Navy Departments in bringing to a prompt and appropriate conclusion cases which threaten the national defense and involve issues under the Act which prevent mediation until they are disposed of. Constant cooperation exists between these agencies and Board representatives both in Washington and in the field. The cooperation received from the other agencies of the Government has been most gratifying to the Board, which has endeavored to reciprocate by selectively disposing of emergency cases as against others which have been longer on the dockets but are not so pressing from the defense angle. During the fiscal year a substantial reorganization has been undertaken and some changes in procedures inaugurated. 2 They were designed to perfect administration and to make possible a more complete delegation of administrative responsibility to staff members on the one hand, and to expedite disposition of cases requiring decision See ch. II.
4 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD by the Board on the other. In both respects the suggestions of the Attorney General's Committee on Administrative Procedures were given careful consideration and followed to the extent that available staff and the nature of problems made it possible fo do so. The creation of a field division to handle administrative case work and to supervise more closely the activities of the Regional Offices makes possible the more expeditious handling of cases in the informal stages. It has resulted in improved personnel relations and in a far 'better mutual understanding of problems as between the Board and the field staff. The previously existing delegation of authority by the Board to staff members to dispose of cases by informal adjustment and to authorize formal proceedings has been broadened and deepened, and, in line with the recommendations in the Attorney General's Committee Report, 3 only cases involving perplexing and novel issues of law or procedure are now brought to the Board for guidance in the administrative phases. This has resulted in freeing a greater proportion of the Board's time for deciding formal cases on the record, and for considering policy problems. The most important procedural change relates to improvement in the quality of Intermediate Reports, and to the increased consideration which the Board gives them in deciding its unfair labor practice cases on the record. The trial examiners have recently been relieved of the hearing of many of the routine representation cases and are 'thereby permitted to devote their time and energies largely to the hearing of complaint cases and to the preparation of intermediate reports on such cases promptly after hearing. To assist them in the preparation of their reports, a staff of attorneys has been established within the Trial Examiners' Division. They review records, check factual data and otherwise assist the trial examiners by preparing memoranda on legal, procedural, and other aspects of their cases. If the trial examiner's intermediate report is excepted to by the parties, the case comes to the Board for decision. While as in the past the Board's findings of fact are based upon the entire record as section 10 (c) of the Act commands, the Board, in its consideration of complaint cases focuses upon the issues raised by the parties' exceptions to the Intermediate Report, briefs, and oral argument in support of such exceptions. In its consideration of each case the Board has the assistance throughout of the review attorneys who read, analyze, and furnish a written memorandum report on the entire record. This report is geared closely to the Trial Examiner's Intermediate Report, the exceptions, and the briefs. Thus, the decision process involves the Board's consideration of the intermediate report, exceptions, briefs, oral argument, and review attorney's memorandum, supplemented by such additional examination of the testimonial record and exhibits and by such conferences as are deemed necessary. To the extent that the Board is of the opinion that the trial examiner's intermediate report accurately reflects the record and embodies the applicable principles of law, the 8 Final Report, p.158.
Page 1 and 2: SIXTH ANNUAL REPORT OF THE NATIONAL
Page 3 and 4: NATIONAL LABOR RELATIONS BOARD WILL
Page 6 and 7: TABLE OF CONTENTS Chapter Page I. A
Page 8 and 9: SIXTH ANNUAL REPORT OF THE NATIONAL
Page 12 and 13: I. A SUMMARY 5 report is used as a
Page 14 and 15: ClIAPTE11 It THE NATIONAL LABOR REL
Page 16 and 17: II. THE NATIONAL LABOR RELATIONS ;
Page 18 and 19: III. STATISTICAL RECORD OF BOARD AC
Page 20 and 21: Ill. ,STATISTICAL RECORD OF BOARD A
Page 30 and 31: Metal mining Coal mining Crude petr
Page 36 and 37: TABLE 1 1.-Number of cases and numb
Page 38 and 39: Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 60 and 61:
IV. PRINCIPLES ESTAISLISUEL-ED 53 A
Page 62 and 63:
IV. PRINCIPLES 'ESTABLISHED 55 I. I
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IV. PRINCIPLES ESTABLIS'HED 57 dict
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IV. PRE\rCIPLES ESTABLISHED 59 the
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IV. PRINCIPLES 'ESTABLISHED 61 vote
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IV. PRINCIPLES ESTABLISHED 63 G. TH
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IV. PRINCIPLES ESTABLISHED 65 ees a
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ni. PRINCIPLES ESTABLISHED 67 4. MU
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IV. PRINCIPLES ESTABLISHED 69 pursu
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IV. PRINCIPLES ESTABLISHED 71 not b
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IV. PRINCIPLES ESTABLISHED 73 ORDER
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IV. PRINCIPLES VSTABLISHED 75 the r
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I V. PRINCIPLES ESTABLISHED 77 more
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IV. PRINCIPLES ESTABLISHED 79 emplo
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V. JURISDICTION 81 and outgoing int
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CHAPTER VI LITIGATION A decided inc
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VI. LITIGATION 85 parties constitut
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• VI. LITIGATION 87 B. PRINCIPLES
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VI. LITIGATION 89 Antiunion stateme
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VI. LITIGATION 91 when none is in e
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VI. LITIGATION 93 flict of opinion
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VI. LITIGATION 95 Lion. The Board's
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VI. LITIGATION 97 Court ruled that
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VI. LITIGATION 99 rial ; 32 to refu
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VI. LITIGATION 101 Other procedural
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VI. LITIGATION 103 D. SPECIAL LITIG
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VI. LITIGATION 105 B. APPLICATION O
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APPENDIX A REGIONAL OFFICES—LOCAT
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APPENDIX A Region 11, Architects In
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APPENDIX B CASES HEARD DURING THE F
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APPENDIX B 113 Jackson Cookie Co.,
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APPENDIX B 115 Western Printing Co.
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APPENDIX B 117 Chrysler Corporation
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APPENDIX B 119 Hardy Mfg. Co., owne
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APPENDIX B 121 Missouri Rolling Mil
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APPENDIX B 123 Selznick Internation
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APPENDIX B 125 Westinghouse Electri
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APPENDIX C 127 Vol. No. Fletcher Pa
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APPENDIX C 129 Vol. No. Texarkana B
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APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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NATIONAL LABOR RELATIONS BOARD

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