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NATIONAL LABOR RELATIONS BOARD

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8 SIXTH ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />

B. PROCEDURE<br />

1. CHANGES IN RULES AND REGULATIONS<br />

No substantive changes were made in the Board's Rules and Regulations<br />

during the fiscal year. 3 Article VI, sections 1 and 2, were<br />

changed to give the Executive Secretary, or in the event of his<br />

absence or disability, the Director of the Field Division, 'power to<br />

certify copies of all papers, documents, orders, and complaints, as<br />

may be necessary.<br />

2. DELEGATION OF AUTHORITY IN ADMINISTRATIVE MAI rhltS<br />

The present practice of the Board with respect to the handling<br />

of all cases, both in the field prior to hearing and thereafter, is<br />

designed to provide the most expeditious handling possible and at<br />

the same time insure accuracy.<br />

The work of the field offices is under the general supervision of<br />

the Director of the Field Division. Requests for authorization in<br />

complaint and representation cases, stipulations, settlements, agreements<br />

concerning compliance, and other problems are handled by<br />

this Division. An authorization and appeal committee considers<br />

all appeals and requests to issue complaints sent in from the field.<br />

This committee consists of the General Counsel, or his designee ;<br />

the Director of the Field Division, or his designee; and chief of the<br />

Case Clearance Unit, a division of the Trial Section. In appeal<br />

cases, the matter is considered by the committee in the first instance<br />

and the appeal is then transferred to the Board , or member thereof,<br />

together with the committee's recommendation.<br />

In all cases where after investigation the Regional Director finds<br />

that a complaint should issue, and adjustment efforts fail, a full<br />

report on the details and request for authority to issue complaint<br />

is transferred to the Director of the Field Division. In the event<br />

that the Field Division concludes that a complaint should be authorized,<br />

the request is immediately transmitted to the Case Clearance<br />

Unit for consideration of the legal sufficiency and the trial<br />

problems that might be involved. If Case Clearance agrees with<br />

the conclusion of the Field Division that a complaint should issue,<br />

the Regional Director is authorized to proceed. In event of disagreement,<br />

the request is referred to the Authorization Committee. Questions<br />

involving general policy or a new principle are referred by the<br />

Committee to the Board.4<br />

Requests for authorization and hearing in representation cases<br />

are handled by the Field Division solely, unless the Field Division<br />

refers a question of jurisdiction or other legal problems to the Trial<br />

Section for an opinion. A question involving a new principle or<br />

general policy is referred directly to the Board by the Field Division<br />

for action.<br />

a On September 6, 1941, article II, sections 32, 33, and 35 were amended to provide for<br />

immediate transfer of the case to the Board after an Intermediate Report, and service of<br />

the Intermediate Report on the parties by the Chief Trial Examiner ; the extension of the<br />

date for tiling exceptions and briefs to the Intermediate Report, and service thereof on<br />

other parties to the proceeding. These amendments are aimed at expediting decisions in<br />

com plaint cases.<br />

'Cf. Chapter I, section D, pp. 20-24, inclusive, and p. 158, Final Report of the Attorney<br />

General's (Committee on Administrative Procedure. The Attorney General's Committee on<br />

Administrative Procedure has recommended that administrative agencies delegate as much<br />

of their administrative work as possible and decentralize administrative functions.

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