1943 - National Labor Relations Board

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Appendix F. N. L. R. B. Rules and Regulations 225SEC. 6. Conduct of hearing.—The hearing upon the question of representationshall be conducted by a Trial Examiner designated by theBoard or the Chief Trial Examiner, and shall be open to the publicunless otherwise ordered by the Trial Examiner. At any time a TrialExaminer may be designated to take the place of the Trial Examinerpreviously designated to conduct the hearing. It shall be the duty ofthe Trial Examiner to inquire fully into the question of representation.Counsel for the Board, and the Trial Examiner, shall have power tocall, examine and cross-examine witnesses, and to introduce into therecord documentary and other evidence.SEC. 7. Introduction of evidence and rights of parties at hearing.—The introduction of evidence at the hearing and the rights of theparties shall be governed by Sections 25, 26, 27, 28, 30, and 31 ofArticle II of these Rules and Regulations, insofar as applicable.SEC. 8. Record; what constitutes; transmission to Board.—Upon theclose of the hearing the Regional Director shall forward to the Boardin Washington, D. C., the petition, Notice of Hearing, motions, rulings,orders, the stenographic report of the hearing, stipulations,exhibits, documentary evidence, and depositions, all of which shallconstitute the record in the proceeding.SEC. 9. Proceeding before Board; briefs; further hearing; Direction ofElection; Certification of Representatives.—The Board shall thereuponproceed, either forthwith upon the record, or after oral argument orthe submission of briefs, or after further hearing, as it may determine,to direct a secret ballot of the employees in order to complete theinvestigation, or to certify to the parties the name or names of therepresentatives that have been designated or selected, or to makeother disposition of the matter. Should any party desire to file abrief with the Board, the original and three copies thereof shall befiled with the Board at Washington, D. C., within seven days after theclose of the hearing Immediately upon such filing, the party filingthe same shall serve a copy thereof upon each of the other parties.SEC. 10. Election procedures, Tally of the Ballots; Objections; Report onChallenged Ballots; Report on Objections; Exceptions; action of Board;hearing; contents of record.—Where the Board determines that a secretballot should be taken, it shall direct an election to be conducted underthe supervision of a designated agent upon such terms as it may specify.Upon the conclusion of such election, the designated agent shall causeto be furnished to the parties a Tally of the Ballots. Within five (5)days thereafter, the parties may file with the designated agent an
226 Eighth Annual Report of the National Labor Relations Boardoriginal and three copies of Objections to the conduct of the electionor conduct affecting the results of the election. Copies thereof shallbe served upon each of the other parties by the party filing suchObjections.If no such Objections are filed within five (5) days after the conclusionof the election, and if the challenged ballots are insufficientin number to affect the result of the election, the designated agent shallforthwith forward to the Board in Washington, D. C., the Tally ofthe Ballots which, together with the record previously made, shallconstitute the record in the case, and the Board may thereupon decidethe matter forthwith upon the record, or may make other dispositionof the case.If Objections are filed to the conduct of the election or conductaffecting the results of the election or if the challenged ballots aresufficient in number to affect the result, the designated agent shallinvestigate the issues raised by such Objections, challenges, or both,and shall prepare and serve upon the parties a Report on the ChallengedBallots, Objections, or both, including his recommendations,which report, together with the Tally of the Ballots, he shall forwardto the Board in Washington, D. C. Within five (5) days from thedate of the Report on Challenged ,Ballots, Objections, or both, theparties may file with the Board in Washington, D. C., an originaland three copies of Exceptions to such report Immediately uponthe filing of-such Exceptions, the party filing the same shall serve acopy thereof upon each of the other parties, and shall file a copy withthe designated agent. If no Exceptions are filed to such report theBoard, upon the expiration of the period for filing such Exceptions,may decide the matter forthwith upon the record, or may make otherdisposition of the case.The Report on Challenged Ballots shall be consolidated with the•Report on Objections in appropriate cases.If Exceptions are duly filed, either to the Report on ChallengedBallots, Objections, or both if it be a consolidated report, or to conductaffecting the results of the election and it appears to the Boardthat such Exceptions do not raise substantial and material issues withrespect to the conduct or results of the election, the Board may decidethe matter forthwith upon the record, or may make other dispositionof the case. If it appears to the Board that such Exceptions raisesubstantial and material issues, the Board may direct the designatedagent or other agent of the Board to issue, and cause to be served upon
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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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Borg-Warner CorpBrennan, P., CoBurn
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APPENDIX DSUMMARY OF LITIGATION FOR
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Appendix D. Summary of Litigation 1
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Appendix D. Summary of Litigation.
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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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1943 - National Labor Relations Board

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