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J. - National Labor Relations Board

J. - National Labor Relations Board

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VII. PRINCIPLES ESTABLISHED 109In another case, the <strong>Board</strong> found that the respondent had engagedin unfair labor practices through the discharge and lay-offsof a number of employees, but dismissed the allegation of discriminationas to four other employees. The <strong>Board</strong> ordered the respondentto place these four employees upon a preferential list because" * * * in view of the respondent's unfair labor practices asset forth * * * above, there is grave danger that the respondentwill not reemploy these four individuals even if their former or substantiallyequivalent positions are open. In order to effectuate thepolicies of the Act, we will require the respondent to place [thesefour employees] * * * upon -a preferential list for employmentas it arises." 67IR REQUIREMENTS THAT AN EMPLOYER PUBLICIEE TERMS OF BOARD ORDERS AMONGEMPLOYEESThe <strong>Board</strong> requires an employer who has engaged in unfair laborpractices to publicize the terms of the <strong>Board</strong> order against himamong his employees." The exact wording of the notice which theemployer is ordered to post in his place of business or to communicateto individual employees necessarily varies somewhat from case -to case. Although the <strong>Board</strong> formerly required that posted noticesremain posted for at least 30 consecutive days, 69 the period nownormally required is 60 days."I. MISCELLANEOUSThis section deals with various problems of pleading, practiceand procedure which have been raised and discussed in the <strong>Board</strong>'sdecisions.Since the function of the charges, upon which <strong>Board</strong> complaintsare issued, is to call the attention of the <strong>Board</strong> to the fact that unfairlabor practices are alleged to have been committed, the <strong>Board</strong> hasheld that a respondent is not denied a fair hearing if he is not furnishedwith a copy of the charge, since service upon him of a complaintgives him full notice of all issues to be tried.11Although not required by the, act," the <strong>Board</strong> has adopted thepractice of serving a copy of the complaint upon an allegedly company-dominatedorganization." Moreover, the <strong>Board</strong> requires thatwhenever any contract is put in issue by a complaint, any labor07 Matter of American Numbering Machine Company and International Association ofMachinists, District # 16. 10 N. L. R. B. 536 see also Matter of Luckenbach StemshipCompany, Inc., and Maritime Office Employees Association, International Longshoremenand Warehousemen's Union, Local 1-44, 12 N. L. R. B. 1333.See Third Annual Report at p. 214GC Ibid.10 example. Matter of Sigmund Freisinger, Doing Business under the name and styleof North River Yarn Dyers and Textile Workers Organizing Committee; 10 N. L. R. B. 1043."Matter of L. C. Smith 4 Corona Typeierters, Inc., and International Metal Polishers,Buffers and Platers Union of North America, 11 N. L. R. B. 1382. The Rules and Regulations—Series2, recently issued by the <strong>Board</strong>, provide for the service of a complaint anda copy of.the charge upon which the complaint is based.', N. L. R. B. v. Pennsylvania Greyhound Lines, Inc., et al., 303 U. S. 261, reversing 91F. (2d) 178 (C. C. A. 3), and enforcing Matter of Pennsylvania Greyhound Lines, Inc.,et al., and Local Division No. 1063 of The Amalgamated Association of Street, Electric Railwayand Motor Coach Employees of America, 1 N. L. R. B. 1. See also Matter of Armourof Company and Packing House Workers, Local 347, 8 N. L. R. B. 1100, petition to reviewflled October 1, 1938 (C. C. A. 7).7, <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> Rules and Regulations—Series 2, Article II, Section 5.

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