1943 - National Labor Relations Board

THE NATIONAL LABOR RELATIONS ACT IN PRACTICE:REPRESENTATION CASESDuring the past fiscal year the representation cases arising under theAct have continued to constitute an increasingly important part of theBoard's work. In these cases, which are governed by Section 9 of theAct,' three basic questions are presented: (1) whether a question concerningrepresentation has arisen, (2) how it should be resolved, and(3) what is the appropriate unit.WHEN A QUESTION CONCERNING REPRESENTATION ARISESDisputes respecting whether an exclusive representative has beenselected by the employees frequently arise because of the employer'sexpressed doubt as to whether a majority of the employees haveselected such a representative, the competing claims of rival unions,or disagreement as to the classifications of employees that constitutean appropriate unit. Under Section 9 (c) of the Act the Board maysettle a dispute of this nature by investigating the question, determiningthe choice of the employees by secret ballot, or by othermeans, and thereafter certifying to the parties, the exclusive representativeif one is designated. Such a certification does not resultin any order to the employer to take any affirmative action or to ceaseand desist from engaging in any conduct, but merely results in thecertification of a fact determined as a result of the investigation—thata particular labor organization has been chosen by a majority of theemployees in the unit found to be appropriate by the Board. If norepresentative is found to have been selected, the Board dismisses theproceeding.The factual situations which give rise to the existence of a questionconcerning representation are diverse and varied. As has been statedin prior Annual Reports, the Board finds a question to exist where theemployer declines to recognize a union as the exclusive representativeI Section 9 of the-National Labor Relations Act provides that the representative selected for the purposes. of collective bargaining by a majority of the employees in a unit appropriate for such purposes, is the exclusivecollective bargaining representative of all the employees in such unit. The Act requires that theBoard decide in each case whether, in order to insure to employees the full benefit of their right to self-organizationand to collective bargaining and otherwise to effectuate the policies of the Act the unit appropriatefor collective bargaining purposes is "the employer unit, craft unit, plant unit, or subdivision thereof."When a question concerning the representation of employees is raised the Board may investigate and certifythe representative, if any, chosen by the majority of the employees in the appropriate unit.558154-44-4 43