1943 - National Labor Relations Board

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Statistical Analysis of Cases Filed and Closed During 1943 21increased significantly over the previous year. Cases closed beforeformal action constituted 77.7 percent of all cases closed. Cases closedafter formal action accounted for 22.3 percent, compared with 15.8percent for the year 1942. The change has been apparent for bothunfair labor practice and representation cases.Further indication of the increased volume of formal activity isgiven by the number of formal actions taken by the Board during theyear. Four hundred complaints were issued in 1943, an increase of11.4 percent over the previous year. Unfair labor practice hearingsand Intermediate Reports increased 29.4 percent and 29.9 percentrespectively. Decisions in unfair labor practice cases numbered405, 40.6 percent above the number for 1942. The record for representationcases is similar, with an increase of 27.1 percent for hearingsin 1943, and 43.1 percent for decisions. The number of formal actionstaken in 1943 compared with the number for 1942, appears in thefollowing table:Table 3.-Formal actions taken during the fiscal year 1943 and percent increase comparedwith 1942All easesUnfair labor practicecasesRepresentationcasesFormal actionPercentincreasecomparedwith 1942Percentincreasecomparedwith 1942NumberNumberNumberPercentIncreasecomparedwith 1942Complaints issued 400 11.4 400 11.4Notices of Hearing issued 1,328 31.2 1,328 31.2Cases heard 1,838 27.6 365 29.4 1,471 27.1Intermediate Reports or proposed findingsissued 261 29.9 261 29.9Decisions issued 1,768 42. 5 405 40.6 1,361 43. 1Decisions and Orders 265 47.2 265 47.2Decisions and Consent Orders 140 29.6 140 29.6Elections directed 1,041 57.3 1,041 57.3Certifications Or di vn sqq.ls after stipulatedelections237 14.5 237 14.5Certifications or dismissals on record 83 1.2 83 1.2One explanation for the increased volume of formal actions inrepresentation cases is the changing character and complexity ofthese cases. In earlier years, the question of representation usuallyarose in plants that had been previously unorganized, so that therewere no existing bargaining rights to be protected, and the questioncould frequently be resolved by agreement of the parties. Manycases today are more complex; they cannot be disposed of in theRegional Office without extensive and thorough investigation. Onesource of difficulty is the cases that arise in units having establishedbargaining relationships, which may constitute a bar to Board proceedingsThese cases are rarely adjusted, except after a completeand thorough investigation; more usually they must be taken to
22 Eighth Annual Report of the National Labor Relations Boardformal hearing. Another group of petitions involve fringe groups(including borderline cases of supervisory employees, who are excludedfrom bargaining units by the Board) and historically unorganizedclasses of workers. Illustrations include militarized guards, allegedlyconfidential employees, inspectors, and commission workers of questionableemployee status. Investigation of these cases is relativelydifficult and time consuming because new and novel questions areraised. Another group of relatively new and difficult petitions arethose filed by minority groups previously included in industrial units.Finally, there are difficult investigation problems in a large group ofcases arising in the presence of expanding or contracting employment,which is fairly widespread in war industry.Unfair Labor Practice Cases 6Unfair labor practice cases are closed by the following methods:adjustment, compliance, withdrawal, and dismissal. Cases are adjustedwhen the parties arrive at an agreement settling the issues inaccordance with the requirements of the Act. This type of dispositionaccounted for 35.3 percent of all unfair labor practice cases closed.In the 3 preceding years, adjusted cases constituted a larger proportionof the total number disposed of (from 40 to ..45 percent). Cases closedby compliance with an Intermediate Report, Board decision, or courtorder constituted 10.9 percent of the cases closed, a higher proportionthan in any of the 8 years of the Board's operation. The complainantwithdrew his charge in 38.9 percent of the cases closed, and the Boardor its Regional Offices dismissed 14.7 percent of the cases. The pro-.portion of cases withdrawn has increased steadily since 1940 when29.4 percent of the cases were closed in this manner There wasrelatively little change in the proportion of dismissals compared withprevious years.Representation Cases 6The methods employed in closing representation cases include:informal adjustment with or without an election, formal adjustmentproviding for Board certification or dismissal after an election, certificationfollowing a Board ordered election, withdrawal, and dismissal.Over one-half of the representation cases closed during 1943 wereadjusted informally (this proportion varied only slightly from theaverage experience for 8 years). The great -majority (92.7 percent)of the 2,993 cases thus adjusted involved the conduct of a consentelection or pay-roll check. The remainder were adjusted by recognitionof a union as the bargaining agent, without an election. A union_ was successful in securing bargaining rights in_ 85.8 percent of thecases adjusted informally.Formal adjustments, involving the conduct of a stipulated election,constituted 4 percent of all representation cases closed. Their numgeetable Sin Appendix, p. 91.0 See table 9 in Appendix, pp. 92-93.
Page 1 and 2: EIGHTH ANNUAL REPORTOF THENATIONAL
Page 3 and 4: NATIONAL LABOR RELATIONS BOARDH. A.
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Page 8 and 9: THE NATIONAL LABOR RELATIONS BOARD
Page 10 and 11: The N. L. R. B. in the War 3The War
Page 12 and 13: The N. L. R. B. in the War 5closed.
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Studies of the Results of Board Act
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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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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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APPENDIX CLIST OF CASES IN WHICH TH
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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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APPENDIX ENATIONAL LABOR RELATIONS
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WAR LABOR DISPUTES ACT 1AN ACTRelat
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APPENDIX FThese Rules and Regulatio
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APPENDIX GREGIONAL OFFICESFirst Reg
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Appendix G. Regional Offices 241DIM
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LIST OF TABLESTables Appearing in T
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