1943 - National Labor Relations Board

New Statutory Fund ions Vested in the Board 77set forth in paragraph (a) above. Carriers, as defined in the RailwayLabor Act, are specifically excluded from the coverage of the Act.4. Eligibility to vote.—An essential determination in each case is thecomposition of the group of employees among whom the secret ballotshall be conducted. The statute provides in this regard that theballot shall be taken among the "employees in the plant, plants, mine,mines, facility, facilities, bargaining unit, or bargaining units, as thecase may be, with respect to which the dispute is applicable." Inconstruing this language, the Board has sought insofar as possible toconform the voting group to an appropriate bargaining unit or acombination of such units. Where no such unit has been establishedby Board certification or by contract, the Board conducts the voteamong a group corresponding as nearly as possible to a unit whichwould be appropriate for the purpose of collective bargaining Insuch cases, however, the voting group established by the Board forthis purpose in no way constitutes a predetermination of the unitwhich may be found appropriate by the Board in a subsequent representationproceeding under Section 9 (c) of the National Labor RelationsAct.5. Major issues involved in the dispute.—Section 8 provides that theBoard shall include on the ballot "a concise statement of the majorissues involved in the dispute." Section 8 also requires the representativeto state in the notice the issues giving rise to the dispute. Butthe final determination of the major issues and of the language inwhich they are set forth on the ballot are vested by the statute in theBoard. The performance of this function is complicated by twofactors—the impracticability of holding a formal hearing on the issuesbecause of the necessity of conducting the ballot on the thirtieth day,and the constantly changing nature of the issues in a typical labordispute. In stating the issues, the Board has endeavored to adhereto the express statutory requirement that the statement be conciseby sweeping away incidental detail and focusing attention on thefundamental nature of the dispute. The Board has also sought tokeep abreast of changes in the issues in a fluid situation in order thatthe ballot shall accurately reflect the current status of the dispute atthe time the vote is conducted.6. Efforts and facilities.—The statute also provides that the Boardshall include on the ballot a statement of the efforts being made andthe facilities being utilized to settle the dispute. These efforts maybe made and facilities utilized by the parties to the dispute, by somethird party, or more frequently by one or more of the governmentalagencies, such as the Conciliation Service of the Department of Laboror the National War Labor Board, which are authorized by law tomediate and settle such disputes. Thus, to accurately determine thecurrent status of the settlement efforts and facilities, the Board isrequired to maintain close and continuous contact with the parties tothe dispute and with governmental agencies attempting to settle thedispute.