1943 - National Labor Relations Board

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Enforcement Litigation 67tively. This decision involved an interpretation of the proviso toSection 9 (a) of the Act.'2The increasing acceptance of the collective bargaining process inindustry, which has so signally aided the war effort, has brought tothe fore the importance of the grievance machinery in handlingemployee grievances. Involving as it does the interpretation, application,and possible modification of collective bargaining agreements,grievance procedure constitutes the continuing process of collectivebargaining. National Labor Relations Board v. The Sands ManufacturingCo., 306 U. S. 332. The problem arises therefore of harmonizingthe collective bargaining right of employees through a representativechosen by a majority, whose exclusive status is not to be undermined,and the proviso extending a specific right to individual employeesor groups of employees.Accommodation of these interests was achieved by an opinion ofthe General Counsel of the Board on September 22, 1943, addressedto the staff of the Board. It should be noted that the interpretationcontained in this opinion was not presented to the Court in theNorth American Aviation case. The question is posed as follows inthe opinion of the General Counsel:An opinion has been requested as to whether an employer may lawfully disposeof individual grievances, presented under the proviso to Section 9 (a) of the Act,without regard to the existence of a collective bargaining representative selectedby a majority of employees and regardless of any grievance procedure set up byagreement with such majority representative (M-1590, p. 1).After considering the legislative history of the Act and the judicialauthorities involved, the opinion concludes:For the foregoing reasons the question presented is answered in the negative.The proviso to Section 9 (a) should be interpreted by the staff as limited to permittingindividuals or groups of employees to present grievances to their employerby appearing in behalf of themselves at every stage of the grievance procedureset up in the collective agreement (regardless of whether it so specifies), but leavingthe exclusive representative entitled to be present and negotiate, at each suchstage concerning its views as to the appropriate application or interpretation ofits contract and the disposition of the grievance. The extension by employersto individuals or groups of employees of greater rights in respect to handlinggrievances should be treated as violations of Section 8 (1) and (5) (M-1590, p. 6).The interpretation of the proviso to Section 9 (a) of the Act as itaffects the collective bargaining rights of the exclusive bargainingrepresentative will no doubt receive the attention of the SupremeCourt before it is finally settled.32 Sec. 9 (a). Representatives designated or selected for the purposes of collective bargaining by the majorityof the employees in a unit appropriate for such purposes, s I be the exclusive representatives of all theemployees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours ofemployment, or other conditions of employment: Provided, That any individual employee or a group ofemployees shall have the right at any time to present grievances to their employer.
VIIISTUDIES OF THE RESULTS OF BOARD ACTIVITIESThis year has seen the start of a program of study by the Board,throu0 its operating analyst,_ of the effects of Board activities.The aim is to learn, as far as possible, the results of particular policiesand practices, in order that the Board may constantly review itspolicies and administration in the light of experience. While thesestudies are designed for the information of the Board, some of theirresults are of general interest. A brief report is given here of someof the broad results of the first studies made.COMPLIANCE AND COLLECTIVE BARGAININGAfter charges of unfair labor practices have been heard and decided,the administrative problem remains, to secure compliance of theemployer with the Intermediate Report, Board order or court order.The recent change in methods of handling compliance problems hasbeen described above in Chapter II. Further study of present compliancehandling and its results is under way. A preliminary studyhas been made, also, of a small but representative sample of complaintcases, to discover any problems needing further attention bythe Board, the extent to which compliance with the Act was achievedafter Board action, and the extent to which unions secured collectivebargaining contracts thereafter.It is generally known that compliance with the Act is increasinglyextensive and that union membership and collective bargaining agreementsare much more widespread than before the Board began itsadministration of the National Labor Relations Act. Specific studiesof representative groups of Board cases both support this generalimpression and give the Board information useful for the appraisal ofits own work. Thus, the first study of compliance demonstrates thatcollective bargaining is under way in a larger proportion of the caseswhere satisfactory compliance with the Act has been achieved thanin .those cases where charges of unfair labor practices are still pendingor where compliance with- the Board's order was less than complete.The conclusion expressed by Congress in the Act, that protection ofthe right of employees to organize,and bargain collectively wouldencourage the practice and procedure of collective bargaining, issupported by the experience in the group of situations studied.68
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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
Page 24 and 25: IIIA STATISTICAL ANALYSIS OF CASES.
Page 26 and 27: Statistical Analysis of Cases Filed
Page 34 and 35: IN/THE NATIONAL LABOR RELATIONS ACT
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Page 68 and 69: Enforcement Litigation 61all interm
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Page 76 and 77: Studies of the Results of Board Act
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Page 90 and 91: APPENDIX ASTATISTICAL TABLESThe fol
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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 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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Appendix D. Summary-of Litigation 1
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APPENDIX ENATIONAL LABOR RELATIONS
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184 Eighth Annual Report of the Nat
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1 86 Eighth:A nnual Report of the N
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WAR LABOR DISPUTES ACT 1AN ACTRelat
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APPENDIX FThese Rules and Regulatio
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21 8 Eighth Annual Report of the Na
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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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