J. - National Labor Relations Board

XI. DIVISION OF ECONOMIC RESEARCHThe function of the Division of Economic Research continues to bethat of a service agency supplying economic data necessary to theadministration of the National Labor Relations Act. 1 The significanceof economic materials in labor cases is rapidly becoming a matterof general knowledge and comment, as evidenced by a recentarticle in the University of Chicago Law Review, which gives adetailed discussion of the use of economic materials in a number ofcases involving the National Labor Relations Board and summarizesthe functions of the Division of Economic Research.2A. CURRENT CASE WORKLabor relations problems.—An important part of the Division'swork during the past year was the preparation of material to aidin determining whether or not particular acts on the part of employersconstitute unfair labor practices within the meaning of thestatute, a task that is especially difficult where employer oppositionto labor organization and collective bargaining assumes subtle anddeyious forms. The complex problems and data which are a partof modern industrial relations make the use of economic materialsparticularly important. Elaborate statistical analyses of employmentand pay-roll records are often necessary in addition to thenonstatistical studies of employment practice and policy. .Detailed analyses of employment and pay-roll records were frequentin cases involving charges of discriminatory employment practice.Where employers alleged that given employees were dischargedor laid off in accordance with an established seniority ormerit ratinc, plan it was necessary to establish the merits of theplan, i. e., ascertain whether it was inherently fair or devised forthe purpose of discrimination, and then to determine whether ornot the respondent's treatment of complainants was consistent withits stated policy. The results of such study, presented in tabularor other form, were used as a basis for further action by the Board.Where the Division's analysis substantiated the respondent's contention,the complaint as to 8 (3) was generally dismissed. In otherinstances, however, the material prepared by the Division was introducedinto the record, used as a basis for drafting a complaint, or asa basis for oral examination of witnesses (e. g., Interlake Iron Corporation3 and Owens-Illinois Glass Company) .4Another type of analysis was required in cases in which an employerattributed mass lay-offs to business conditions, when theywere questioned as part of a campaign to discourage union inem-1 The current report omits discussion of the methods and sources of information usedby the Division ; these matters were treated in detail in the Third Annual Report, 1938.2 David Ziskind, "The Use of Economic Data in Labor Cases," The UniverRity of ChicagoLaw Review, vol. 6, No. 4, p. 667, June 1939. .See similar statement of James E. Pate(College of William and Mary) in the Southern Economic Journal, July 1939, p. 57.Case No. 13—C-895.Case No. C-630.152