1943 - National Labor Relations Board

70 Eighth Annual Report of the National Labor Relations Poardlishment of collective bargaining, reflects therefore both the effectivenessof the Board in clearing the way and the effectiveness of labororganization. In this sample, where collective bargaining has beensuccessfully established certain factors appear frequently, such aseffectiveness of the union in following up Board or court action toestablish collective bargaining, promptness in Board procedures, andclean-cut compliance with Board orders. On the other hand, whereno collective bargaining has resulted, it was frequently found thatthe union which filled the charge had become inactive, that there wascontinuing opposition of the company to organization of its employees,or that the Board had been unable as yet to secure satisfactorycompliance with its orders.RESULTS OF DISESTABLISHMENT OF COMPANY-DOMINATED UNIONSA study has been made also of the results of the disestablishmentof company-dominated unions. It covers all cases in which suchunions were ordered disestablished by Board order or by agreeduponBoard order during the 2 fiscal years July 1, 1940, through June30, 1942. Also included is a random sample of one-fifth of all casesin which such illegal organizations were disestablished by adjustmentbefore formal action by the Board. These cases represent everyRegion of the Board and were filed by more than 50 international11I110113.Success of the Board in these cases may be measured in two ways—by the absence of later charges of unfair labor practices and by thepresence later of collective-bargaining agreements with legitimatelabor organizations. By the first test, the Board appears to havebeen successful in the great majority of these situations. In 100instances of charges adjusted before formal action, 16 had latercharges of company domination of unions. Of 73 cases in whichBoard orders were based on stipulation of the parties, only 5, or 6.8percent, had such later charges. Of 122 Board order cases, 15, or12.3 percent, had subsequent charges: Most of the stipulated Boardorders and many of the other Board orders were taken to court, forconsent decrees or court orders, in a total of 128 cases. The successof the Board in eliminating company-dominated unions is considerablygreater for these cases than for those in which the illegal labororganizations were disestablished by adjustment or by Board orderwithout further action. Only 12, or 9.4 percent of all cases withcourt orders had later charges of company-domination of unions.In the 295 cases studied, 39 subsequent charges of company dominationwere filed against 36 companies. Over half of these latercharges, however, appear to have been without merit, since 23 ofthem were withdrawn or dismissed. In the remaining 16 cases' 9were adjusted, 5 company-dominated unions were disestablished byBoard order, and 2 cases were pending on June 30, 1943. Thus, ina small minority of instances continuing unfair labor practices by