J. - National Labor Relations Board

X. THE TRIAL EXAMINERS' DIVISIONThe Trial Examiners' Division, under the direct supervision of the'Chief Trial Examiner, conducts the hearings for the Board. Therules in effect during the period of this report provided that theBoard, the Chief Trial Examiner, or regional director, could appointtrial examiners. In practice, however, only the Chief Trial Examinerhas designated the trial examiners, although in several instanceshe has done so after consultation with the Board. In no instanceshave trial examiners been appointed by regional directors. 1 Membersof the Trial Examiners' Division are assigned to preside over hearingson formal complaints alleging the commission of unfair labor practicesand on petitions for certification of representatives. After the,evidence has been presented in the former type of case, they preparefindings of fact and recommendations that are submitted to the parties;in cases involving certification of representatives, they prepareinformal reports for submission to the Board.The trial examiner has not fully discharged his duties if he contentshimself with merely permitting the parties to adduce such evidenceas they believe to be relevant. The rules provide that "It shall be theduty of the trial examiner to inquire fully into the facts." * * *and further that "the trial examiner shall have power to call, examine,and cross-examine witnesses and to introduce into i the record documentaryand other evidence." Experience has demonstrated that byproper exercise of this power, the trial examiner may elicit facts necessaryto enable the Board to determine the issues on the basis of aconiplete and full record, thus avoiding the unnecessary delays and,expense to the parties of a further hearing. With a few exceptions,all of the trial examiners are attorneys, most of them having broughtwith them to the Board a wide experience based on years of practicebefore the various courts throughout the country. The knowledgegained in the course of conducting many hearings tends rapidly todevelop an informed and balanced judgment in the complex field oflabor relations and enables the trial examiner to guide the parties toan adequate and orderly presentation of the material facts.During the hearing the examiner, having the same power under theAct as though the Board or a member thereof were presiding, makesrulings on objections and motions, and otherwise is responsible forthe conduct of the hearing. These rulings by the trial examiner arereviewed by the Board when it considers the entire case.' The trialexaminers may, and frequently do, consult with the Chief TrialExaminer upon matters arising during the course of the hearing.The Rules and Regulations—Series 2, effective July 14, 1939, provide that only theBoard and Chief Trial Examiner may designate trial examiners.2 Under the rules effective July 14, 1939, the Board may entertain interlocutory appealsduring the course of the hearing.149