NATIONAL LABOR RELATIONS BOARD

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SIXTH ANNUAL REPORT OF THE NATIONAL LABOR RELATIONS BOARD CHAPTER I A SUMMARY The past fiscal year was one of unusual stresses and strains upon the Board. Not only were there significant changes in the volume and character of its case load, but since many of the cases involved disputes in defense industries, •the entire organization has functioned under abnormal pressures. The number of new cases filed increased during the first half of the fiscal year 1941 by approximately 18 percent over the same period of the prior fiscal year. As production for the defense program got under way, new plants were opened and operations expanded, and organizational activities of the labor groups were broadened and intensified. The result was a 78 percent increase in cases filed in the last half of the fiscal year over the same period in 1940. The over-all increase for the entire fiscal year 1941 was 48 percent. This volume marked a decided change in the trend established in the past several years. The maximum number of new cases received in any fiscal year in the Board's history was filed in 1938 when there were more than 10,000. The number in 1939 dropped to 6,900; in 1940 to approximately 6,200; and in 1941 it rose to over 9,100. Of significance also is the change in character of cases filed. In 1936, the first partial fiscal year of the Board's operation, charges alleging unfair labor practices under section 8 of the act constituted 81 percent of all cases filed, and petitions for investigation and certification of representatives under section 9 of the act only 19 percent. The ratio of unfair labor practice cases to all cases has shown a decline since that time, the percentage in 1937 being 71; 1938, 65; 1939, 67; 1940, 64; and in 1941, 53 percent. The statistical tables in chapter III indicate that since February 1941, complaint cases filed in each month have constituted less than 50 percent of the total. Despite this reduction in proportion, unfair labor practice cases filed increased approximately 24 percent in the last fiscal year over the prior fiscal year. While employers generally respect the law, cases involving flagrant violations are still being filed; but it is true that even with the numerical increase in unfair labor practice cases the proportional drop in their receipt is significant of increased observance by employers of the rights of their employees to self-organization and collective bargaining. The fiscal year 1941 saw concluded satisfactorily by adjustment in all stages of proceedings unfair labor practice cases involving some of the largest industrial combinations in the ,country. Few of the charges on file today embody the fundamental and significant conflict between industrial policy and the rights guaranteed the workers that the large historical cases represented. But it should not be assumed that this type of 1
2 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD case does not still represent an important and essential part of the Board's work, or that the adjudication of unfair labor practice charges by the Board is not necessary to effectuate the purposes of the Act. The Board is gratified to report that its past record for closing in the informal stages approximately 85 percent of all cases closed during the fiscal year has been maintained despite the great increase in the volume of work. The importance of maintaining this performance cannot be overemphasized. In the Final Report of the Attorney General's Committee on Administrative Procedure, it is pointed out that administrative agencies generally perform the bulk of their work in cases which never reach the formal stage. Said the committee, after giving examples : Examples could be multiplied from nearly every agency in the Federal Government. Enough have been given, however, to make clear that even where formal proceedings are fully available, informal procedures constitute the vast bulk of administrative adjudication and are truly the life-blood of the administrative process. No study of administrative procedure can be adequate if it fails to recognize this fact and focus attention upon improvement at these stages.' There were 21,684 unfair labor practice cases closed by the Board or its agencies durinff the 6 years ended on June 30, 1941. Of these, 19,891, or 91.7 percent, 6 were closed without formal action ; i. e., the issuance of complaint and notice of hearing. In 1,793 cases, or 8.3 percent of all closed, complaints were issued, but in only 975 cases, or 4.5 percent of all closed, was closing effectuated by securing compliance with an intermediate report or decision of the Board or court. The data on representation cases also show an interesting emphasis on informal action although proceedings under section 9 are investigatory and not ad versary. There were 12,568 cases closed in the entire period of operations ended June 30, 1941, of which 9,692, or 77.1 percent, were closed before formal action was instituted ; and 2,876, or 22.9 percent, after formal action. In about 80 percent of cases closed after formal action, decision was rendered by the Board. The number of cases disposed of without formal action in 1941 exceeded the record in any year save 1938. Of the 8,396 cases closed, 7,114, or 85 percent, were closed by amicable adjustment in the form of settlement agreements, etc., or by withdrawal or dismissal after investigation but before the institution of formal proceedings. The comparative figures for 1940 were 6,098, or 83 percent of a total of 7,354 closed. Of cases closed in 1941, formal action was instituted in 15.3 percent, as against 17.1 percent in 1940. A substantial increase in the number of ordered and consent elections and cross-checks conducted by the regional offices to determine the choice of representatives of the workers in the appropriate units for collective bargaining was apparent in 1941. There were 2,566 such elections and cross-checks, more than double the 1,192 in 1940. Of this number, 75 , percent, or nearly 2,000, were conducted by arrangements made through the agreement of the parties in informal proceedings. The general acceptance of the practice of collective bargaining and recognition of the principles which the Board has established in formally resolving such questions have greatly facilitated these determinations. 1 Final Report of the Attorney General's Committee on Administrative Procedure, p. 35.
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 10 and 11: I. A SUMMARY 3 In dealing with disp
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
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IV. PRINCIPLES ESTAISLISUEL-ED 53 A
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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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