1943 - National Labor Relations Board

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Appendix E. Statutory Provisions Administered by N. L. R. B. 1 87port to it: Provided, That subject to rules and regulations made andpublished by the Board pursuant to section 6 (a), an employer shallnot be prohibited from permitting employees to confer with himduring working hours without loss of time or pay.(3) By discrimination in regard to hire or tenure of employmentor any term or condition of employment to encourage or discouragemembership in any labor organization: Provided, That nothing inthis Act, or in the National Industrial Recovery Act (U. S. C.,Supp. VII, title 15, secs. 701-712), as amended from time to time,or in any code or agreement approved or prescribed thereunder, orin any other statute of the United States, shall preclude an employerfrom making an agreement with a labor organization (not established,maintained, or assisted by any action defined in this Actas an unfair labor practice) to require, as a condition of employment,membership therein, if such labor organization is the representativeof the employees as provided in section 9 (a), in the appropriatecollective bargaining unit covered by such agreement when made.(4) To discharge or otherwise discriminate against an employeebecause he has filed charges or given testimony under this Act.(5) To refuse to bargain collectively with the representatives of hisemployees, subject to the provisions of section 9 (a).REPRESENTATIVES AND ELECTIONSSEC. 9. (a) Representatives designated or selected for the purposesof collective bargaining by the majority of the employees in a unitappropriate for such purposes, shall be the exclusive representativesof all the employees in such unit for the purposes of collective bargainingin respect to rates of pay, wages, hours of employment, orother conditions of employment: Provided, That any individual employeeor a group of employees shall have the right at any time topresent grievances to their employer.(b) The Board shall decide in each case whether, in order to insureto employees the full benefit of their right to self-organization and tocollective bargaining, and otherwise to effectuate the policies of thisAct, the unit appropriate for the purposes of collective bargainingshall be the employer unit, craft unit, plant unit, or subdivisionthereof.(c) Whenever a question affecting commerce arises concerning therepresentation of employees, the Board may investigate such controversyand certify to the parties, in writing, the name or names of the558154 44 13
188 Eighth Annual Report of the National Labor Relations Board'representatives that have been designated or selected. In any suchinvestigation, the Board shall provide for an appropriate hearingupon due notice, either in conjunction with a proceeding under section10 or otherwise, and may take a secret ballot of employees, or utilizeany other suitable method to ascertain such representatives.(d) Whenever an order of the Board made pursuant to section 10(c) is based in whole or in part upon facts certified following aninvestigation pursuant to subsection (c) of this section, and there isa petition for the enforcement or review of such order, such certificationand the record of such investigation shall be included in thetranscript of the entire record required to - be filed under subsections10 (e) or 10 (f), and thereupon the decree of the court enforcing,modifying, or setting aside in whole or in part the order of the Boardshall be made and entered upon the pleadings, testimony, and proceedingsset forth in such transcript.PREVENTION OF UNFAIR LABOR PRACTICESSEC. 10. (a) The Board is empowered, as hereinafter provided, toprevent any person from engaging in any unfair labor practice (listedin section 8) affecting commerce. This power shall be exclusive, andshall not be affected by any other means of adjustment or preventionthat has been or may be established by agreement, code, law, orotherwise.(b) Whenever it is charged that any person has engaged in or isengaging in any such unfair labor practice, the Board, or any agent oragency designated by the Board for such purposes, shall have powerto issue and cause to be served upon such person a complaint statingthe charges in that respect, and containing a notice of hearing beforethe Board or a member thereof, or before a designated agent or agency,at a place therein fixed, not less than five days after the serving of saidcomplaint. Any such complaint may be amended by the member,agent, or agency conducting the hearing or the Board in its discretionat any time prior to the issuance of an order based thereon. The personso complained of shall have the right to file an answer to theoriginal or amended complaint and to appear in person or otherwiseand give testimony at the place and time fixed in the complaint. Inthe discretion of the member, agent, or agency conducting the hearingor the Board, any other person may be allowed to intervene in the saidproceeding and to present testimony. In any such proceeding the
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EIGHTH ANNUAL REPORTOF THENATIONAL
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NATIONAL LABOR RELATIONS BOARDH. A.
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THE NATIONAL LABOR RELATIONS BOARD
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The N. L. R. B. in the War 3The War
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The N. L. R. B. in the War 5closed.
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The N. L. R. B. in the War 7current
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The N. L. R. B. in the War 9involvi
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The N. L. R. B. in the War 11secret
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Organizational and Administrative D
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Organizational and Administrative D
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IIIA STATISTICAL ANALYSIS OF CASES.
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Statistical Analysis of Cases Filed
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IN/THE NATIONAL LABOR RELATIONS ACT
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The N. L. R. A. in Practice: Unfair
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• LIBRARY• -.AL tABOR, A.T1Into
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THE NATIONAL LABOR RELATIONS ACT IN
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The N. L. R. A. in Practice: Repres
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The N. L. R. A. in Practice: Jurisd
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Enforcement Litigation 61all interm
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Enforcement Litigation 63of the Boa
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Enforcement Litigation 65than to st
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Enforcement Litigation 67tively. Th
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Studies of the Results of Board Act
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Studies of the Results of Board Act
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Studies af the Results of Board Act
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New Statutory Functions Vested in t
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New Statutory Fund ions Vested in t
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APPENDIX ASTATISTICAL TABLESThe fol
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Appendix A. Statistical Tables 85Ta
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Table 8.-Disposition of unfair labo
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,Dismissed, totalBefore hearingBy B
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Table 11.—Number of elections and
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Table 13.-Number of elections and p
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APPENDIX BLIST OF CASES HEARD DURIN
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Appendix B. List of Cases Heard Dur
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Onan, D. W., & Sons.O'Neil, J. E.,
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APPENDIX CLIST OF CASES IN WHICH TH
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Appendix C. Decisions Rendered Duri
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Appendix. C. Decisions Rendered Dur
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Page 170 and 171: APPENDIX DSUMMARY OF LITIGATION FOR
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Page 189 and 190: APPENDIX ENATIONAL LABOR RELATIONS
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Page 241: APPENDIX GREGIONAL OFFICESFirst Reg
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Appendix G. Regional Offices 239emu
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Appendix G. Regional Offices 241DIM
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Appendix G. Regional Offices 243
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Appendix G. Regional Offices 247
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LIST OF TABLESTables Appearing in T
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1943 - National Labor Relations Board

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