1943 - National Labor Relations Board

New Statutory Functions Vested in the Board 75FUNCTION OF THE BOARD UNDER SECTION 8The primary function of the Board under the statute is to conductsecret ballots. The performance of this function, however, entails anumber of essential subsidiary determinations. The more importantof these are as follows:1. Effectiveness of notice.—Section 8 requires that notice of the- labor dispute be served on the Secretary of Labor, the National WarLabor Board, and the National Labor Relations Board. The threeagencies concerned have mutually construed this provision to meanthat service on none is complete until all three have been served, thedate on which the last is served being, with certain exceptions, consideredas the effective date of the notice for the purpose of countingthe 30 days. The exceptions to this rule are those cases describedin paragraph 3 below in which a finding by the President that theemployer is a war contractor is a prerequisite of coverage. In thosecases, the notice is deemed effective as of the date of the findingIn order effectively to administer this provision, which necessitatesliaison between the three agencies a central docket has been set upat the Department of Labor to act as a clearing house for noticesreceived by the respective agencies. In addition to requiring serviceon three agencies, Section 8 also requires the representative filingthe notice to include therein a statement of the issues giving rise tothe dispute. Accordingly, a notice which fails to include a statementof the issues is deemed incomplete and is not considered effectiveunless and until the representative supplements it with a statementof the issues involved.2. Who shall file notice.—Section 8 provides that notice of a labordispute shall be given by "the representative of the employees of awar contractor." And Section 2 provides that the term "representative"shall have the same meaning as in Section 2 of the NationalLabor Relations Act, where it is defined as meaning "any individualor labor organization." Early in the administration of the statutea question arose as to the meaning of the term. Notice was filed inone case 2 by a; labor organization whose petition for a representationelection had been denied by the Board for the reason that anotherunion was the exclusive bargaining agent under a valid collective bargainingagreement. The question thus raised was whether the term"the representative of the employees of a war contractor" means therepresentative of the majority of employees in an appropriate bargainingunit within the meaning of Section 9 (a) of the National LaborRelations Act, or whether it means the representative of any group ofemployees, regardless of its size or relationship to other groups ofemployees. In view of the importance of the question, it was presentedto the Attorney General for an opinion. In an opinion issuedon July 28, 1943, the Attorney General held that the term in question'Allis-Chalmers Manufacturing Company, Case No. S. 7.558154-44---6