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NATIONAL LABOR RELATIONS BOARD

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CHAPTER IV<br />

PRINCIPLES ESTABLISHED<br />

In previous annual reports we have outlined the important principles<br />

enunciated by the Board during the first 5 years of its existence.<br />

1 No attempt will be made in this chapter to repeat that<br />

material. While referring on occasion to decisions discussed in<br />

previous annual reports we shall devote this chapter to the discussion<br />

of new principles which were enunciated by the Board in its decisions<br />

issued from July 1, 1940, through June 30, 1941,2 and the elaboration<br />

and extension during this period of the principles already laid down<br />

by the Board.<br />

For convenience the chapter has been divided into nine 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<br />

arising 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 (3) of the Act.<br />

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

under 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<br />

8 (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 purposes of collective bargaining.<br />

F. Adequate proof of majority representation: This section deals<br />

with proof of majority under section 8 (5) and section 9 (c) of the<br />

Act.<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 to<br />

determine the appropriate unit for collective bargaining. The question<br />

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. Remedies : This section deals with the remedies which the<br />

Board has applied, pursuant to section 10 (c) of the Act, in cases<br />

1 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<br />

30, 1937, reported in 1 and 2 N. L. R. B. ; the Third Annual Report deals will all decisions<br />

issued from July 1, 1937, to June 30, 1938, and reported in 3 to 7 N. L. R. B., inclusive ;<br />

the Fourth Annual Report deals with all decisions issued by the Board from July 1, 1938,<br />

through June 30, 1939, and reported in 8 through 12 N. L. R. B. and the first half of<br />

13 N. L. R. B. The Fifth Annual Report deals with all decisions issued by the Board<br />

from July 1, 1939, through June 30, 1940, and reported in 13 through 24 N. L. R. B.<br />

The decisions issued by the Board during this period are reported in 25 through<br />

32 N. L. R. B.<br />

40

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