1943 - National Labor Relations Board

VITHE NATIONAL LABOR RELATIONS ACT IN PRACTICE:JURISDICTION•Problems of the scope of the Board's jurisdiction under the commerceclause of the Constitution and under the Act 1 have continuedto be worked out case by case by the Board and by the courts in theirdecisions. The development of the principles with respect to thescope of the Board's jurisdiction has been presented in detail inprevious Annual Reports.'A wide variety of industrial activities has been found to "affectcommerce." Since this definition of jurisdiction seems to be as broadas the commerce clause of the Constitution the jurisdiction of theBoard has been delineated not only by cases arising under the Actbut also by decisions of the Supreme Court construing similar languagein other statutes, notably the Fair Labor Standards Act, the AgriculturalAdjustment Acts, and the Employers 'Liability Act. Numerousdecisions have established that the Act covers not only laborrelations in industries actually engaged in commerce, such as transportationand communications, but manufacturing, mining, lumbering,and the processing and distribution of agricultural commodities,where such activities are conducted on such a scale that they affectthe flow of commodities among two or more States. During thepast fiscal year the number of judicial decisions, in which the ambitof the Act was directly in issue, were fewer than usual and the caseson the whole have served only to reaffirm and clarify the principlesimplicit in other cases. 4 The more notable decisions held the Actapplicable to a national bank, a national fraternal organization, alocal transportation system in a large industrial city, a large retailI The Board's jurisdiction is stated in the Act in Sections 10 (a) and 9 (c)."Section 10 (a). The Board is empowered, as hereinafter provided, to prevent any person from engagingIn any unfair labor practice (listed in Section 8) affecting commerce. This power shall be exclusive and shallnot be affected by any other means of adjustment or prevention that has been or may be established byagreement, code, law, or otherwise.""Section 9 (c). Whenever a question affecting commerce arises concerning the representation of employeesthe Board may investigate such controversy and certify to the parties, in writing, the name ornames of the representatives that have been designated or selected."Commerce Is defined in Section 2 (6) to mean "trade, traffic, commerce, transportation or communication"among the several States and in the District of Columbia and the Territories and with foreigncountries."Affecting commerce" Is defined in Section 2 (7) as meaning "In commerce, or burdening or obstructingcommerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening orobstructing commerce or the free flow of commerce."'See especially Third Annual Report, Ch. VIII; Seventh Annual Report, Ch. VIII.3 Federal Trade Commission v. Bunte Bros., Inc., 61 S. Ct. 580, 312 U. 8.349.These cases are described in Ch. VII, Enforcement Litigation.58