NATIONAL LABOR RELATIONS BOARD

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VI. LITIGATION 97 Court ruled that the Board was empowered not merely to require the employer to cease and desist from such violation, but also to order the employer to undo the wrong by offering the men discriminated against the opportunity for employment which should not have been denied them. 14 The Court also considered, in the Phelps Dodge case and in Continental Oil Co. v. N. L. R. B.,19 whether the Board's power to require reinstatement was defeated where the employee had obtained regular and substantially equivalent employment elsewhere. The Court held that the appropriateness of such an order was within the Board's discretion, and directed that the case be remanded to the Board to permit the Board to redetermine the appropriateness of the order. 16 The Court rejected a modification of the back pay orders requiring deduction of amounts the workers "failed without excuse to earn" and directed that the necessity for such deductions be determined in the first instance by the Board under appropriate procedures to be devised by it.'7 In this connection, the Court noted with approval many examples of the Board's flexible exercise of its authority with respect to back pay orders "to attain just results in diverse, complicated situations.' 19 An important problem relating to back pay orders concerned the framing of appropriate relief in cases where employees discriminatorily discharged had found employment on federal or other work relief projects. The Board was of the view that the policies of the Act would best be effectuated by requiring the employer to reimburse the governmental agencies concerned in order to prevent him from shifting the burden of his unfair labor practices to the shoulders of the relief agencies. The question was authoritatively resolved in the negative, however, in Republic Steel Corp. v. N. L. R. B.19 Written agreements.—The greatly mooted question of whether agreements reached through collective bargaining may be required to be embodied in written contracts signed by the employer, was settled affirmatively by the Heinz case." Other remedial action,.—Several important questions relating to Board orders have arisen during the past year but have not yet been definitely settled. These involve, among others, the validity of orders requiring reimbursement of wages checked off by the employer in favor of company-dominated organizations, 21 and the validity of so-called "cautionary" orders, designed to restrain the commission of unfair labor practices which have not been committed but which Idem, at 187-188. 15 31 3 lg. S. 212. "313 U. S. 177, 189-197; 313 U. S. 212. 214. " Phelps Dodge Corp. v. N. L. R. B., 313 U. S. 177, 197-200. 18 Ideas., at 198-199. " 311 U. S. 7. 20 311 U. S. 514. 523-526. n Orders requiring employers to cease and desist giving effect to check-off agreements have been enforced in Titan Metal Mfg. Co. V. N. L. R. B., 106 F. (2d) 254 (C. C. A. 3) ; N. L. R. B. v. West Kentucky Coal Co., 116 F. (2d) 816 (C. C. A. 6) ; N. L. R. B. V. 1. Greenebaum Tanning Co., 110 F. (2d) 984 (C. C. A. 7) ; Kansas City Power d Light Co. v. N. L. R. B., 111 F. (2d) 340 (C. C. A. 8) ; N. L. R. B. v. Continental Oil Co., 121 F. (2d) 120 (C. C. A. 10). Reimbursement orders, however, have been refused enforcement in the Greenbaum, Kansas City, and West Kentucky_cases, supra, where the check-off was accompanied by a closed-shop agreement, and in Western Union Telegraph Co. V. N. L. R. B. 113 F. (2d) 992 (C. C. A. 2) ; A. E. Staley Mfg. Co. v. N. L. R. B., 117 F. (2d) 868 (C. C. A. 7) ; and in the Continental Oil case, supra, where no closed-shop provision was involved. The question has been submitted to the Supreme Court in Virginia Electric ik Power Co. V. N. L. R. B., 115 F. (2d) 414 (C. C. A. 4), certiorari granted, 312 U. S. 677.
98 SIXTH ANNTJAL REPORT OF NATIONAL LABOR RELATIONS BOARD the record shows reason to believe are threatened or likely to be committed in the future if not restrained.22 PROCEDURE BEFORE THE BOARD There were numerous court decisions during the past year upon procedural points in the initiation, hearing, and decision of proceedings before the Board. Many important procedural points were dealt with for the first time. Outstanding were the holdings concerning the Board's power to issue complaints under section 10 (a) and (b) of the Act. It was held that neither an agreement between an employer and a union to submit discharges to regular grievance machinery," nor an agreement by a union with an employer to drop charges before the Board, 24 nor a petition by the charging union that the Board dismiss the complaint because of an amicable settlement of disputed matters between the union and the employer,25 nor a purported settlement of an unfair labor practice charge by the employer and the Board, where the settlement was subsequently violated, 26 can bar the Board from issuing and prosecuting its complaint in the public interest. Nor is the Board estopped from entertaining charges of unfair labor practices by participation in an election involving the same parties. 27 The Board's power to issue a complaint upon charges filed with it is wholly discretionary and its determination to issue or not issue a complaint is therefore unreviewable, although its action upon a complaint, once issued may be reviewed under section 10 (e) and (f) of the ACt.28 While the existence of a charge is jurisdictiona1, 29 the Act imposes no formal requirements with respect to the charge, and the requirements imposed by the Board's rules are for its own administrative convenience. Similarly, the sole function of a complaint is to inform the employer of the unfair labor practices in issue. Accordingly, a variety of asserted formal defects in charge or complaint were held immaterial, where no prejudice appeared." Regarding hearings for the taking of evidence before trial examiners ' the decisions of the courts during the past year recognize the right of trial examiners to engage in the examination of witnesses "to see that facts are clearly and fully developed"; 81 to refuse permission to cross-examine a witness where the testimony sought was immate- "Cautionary orders requiring preferential listing of employees based on a finding of grave danger that the employer might discriminate against them have been enforced in N. L. R. B. v. C. Nelson Mfg. Co., 120 F. (2d) 444, 446-447 (C. C. A. 8), and refused enforcement in N. L. R. B. v. Superior Tanning Co., 117 F. (2d) 881, 891 (C. C. A. 7). A cautionary order requiring an employer to bargain with a Union, in the event that the Union's claim to majority status be established in an election to be held, was refused enforcement in N. L. It. B. v. West Kentucky Coal Co., 116 F. (2d) 816, 821-822 (C. C. A. 6). a3 N. L. R. B. v. Newark Morning Ledger Co., 120 F. (2d) 266, 268 (C. C. A. 3). 24 N. L. R. B. v. General Motors Corp., 116 F. (2d) 306, 311-312 (C. C. A. 7). N. L. R. B. v. Prettyman, 117 F. (2d) 786, 792 (C. C. A. 6). "N. L. R. B. v. Hawk i Buck Co., 120 F. (2d) 903, 904, 905 (C. C. A. 5). 21 Magnolia Petroleum Co. v. N. L. R. B., 115 F. (2d) 1007, 1012-1013 (C. C. A. 10) N. L. R. B. v. McKesson cf Robbins, Inc., 121 F. (2d) 84, 92-94 (C. A.-D. C.). Jacobsen v. N. L. R. B., 120 F. (2d) 96, 99-100 (C. C. A. 3). "Act. Section 10 (b) ; N. L. R. B. v. Bradford Dyeing Asen, 310 U. S. 318, 342. M N. L. R. B. v. Vencennes Steel Corp., 117 F. (2d) 169, 170-171 (C. C. A. 7); Cudahy Packing Co. v. N. L. R. B., 116 F. (2d) 367, 373 (C. C. A. 8) ; Cudahy Packing Co. v. N. L. It. B., 118 F. (2d) 295, 298. 303 (C. C. A. 10) ; N. L. R. B. V. Yale d Towne Mfg. Co.. 114 F. (2d) 376, 379 (C. C. A. 2) ; Stewart Die Casting Corp. v. N. L. R. B. 114 F. (2d) 849, 857 (C. C. A. 7), certiorari denied, 212 U. S. 680; Valley Mould (F iron Corp. v. N. L. R. B., 116 F. (2d) 760, 767 (C. C. A. 7), certiorari denied, 313 U. S. 590; N. L. R. B. v. Pacific Gas G Electric Co., 118 F. (2d) 780, 788-789 (C. C. A. 9). Bethlehens Steel Co. v. N. L. R. B., 120 F. (20) 641, 652 (C. A.-D. C.).
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
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I. A SUMMARY 5 report is used as a
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ClIAPTE11 It THE NATIONAL LABOR REL
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II. THE NATIONAL LABOR RELATIONS ;
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III. STATISTICAL RECORD OF BOARD AC
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Ill. ,STATISTICAL RECORD OF BOARD A
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Metal mining Coal mining Crude petr
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TABLE 1 1.-Number of cases and numb
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Cases closed otherwise Cases closed
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Cases closed by compliance with int
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By consent election By pay-roll che
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TABLE 19.-Number of elections and p
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C. I. 0. alone I A. F. L:C. I. 0 2
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IV. PRINCIPLES ESTABLISHED 41 in wh
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IV. PRINCIPLES 'ESTABLISHED 43 of o
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IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
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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
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 68 and 69: IV. PRINCIPLES 'ESTABLISHED 61 vote
Page 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 88 and 89: V. JURISDICTION 81 and outgoing int
Page 90 and 91: CHAPTER VI LITIGATION A decided inc
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111: VI. LITIGATION 103 D. SPECIAL LITIG
Page 112 and 113: VI. LITIGATION 105 B. APPLICATION O
Page 114 and 115: APPENDIX A REGIONAL OFFICES—LOCAT
Page 116 and 117: APPENDIX A Region 11, Architects In
Page 118 and 119: APPENDIX B CASES HEARD DURING THE F
Page 120 and 121: APPENDIX B 113 Jackson Cookie Co.,
Page 122 and 123: APPENDIX B 115 Western Printing Co.
Page 124 and 125: APPENDIX B 117 Chrysler Corporation
Page 126 and 127: APPENDIX B 119 Hardy Mfg. Co., owne
Page 128 and 129: APPENDIX B 121 Missouri Rolling Mil
Page 130 and 131: APPENDIX B 123 Selznick Internation
Page 132 and 133: APPENDIX B 125 Westinghouse Electri
Page 134 and 135: APPENDIX C 127 Vol. No. Fletcher Pa
Page 136 and 137: APPENDIX C 129 Vol. No. Texarkana B
Page 138 and 139: APPENDIX C 131 Vol. No. Sanderson,
Page 140 and 141: APPENDIX c 133 Vol. No. Cambridge I
Page 142 and 143: APPENDIX C 135 Vol. No. Gliden Buic
Page 144 and 145: APPENDIX C 137 Vol. No. Lowenstein
Page 146 and 147: APPENDIX C 139 Vol. No. Radio Wire
Page 148 and 149: APPENDIX C 141 Vol. No. Universal P
Page 150 and 151: APPENDIX C 143 Vol. No. General Mot
Page 152 and 153: 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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