INTRODUCTION 9.The <strong>Board</strong> has continued during the fiscal year to decide these Andother issues created by the split between the American Federation of<strong>Labor</strong> and the Congress of Industrial Organizations, as required bythe statute. Again, as during the past fiscal year, the conflict hascreated problems which have taken a disproportionate part of the<strong>Board</strong>'s time and energies. The <strong>Board</strong> has no alternative but to decidethese issues when presented. The protection to the processes of collec- •tive bargaining afforded by the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> Act are stillvitally beneficial to organized labor. A united labor movement wouldbe in a better position to. enjoy the rights protected by the act.E. HEARINGS ON PROPOSED AMENDMENTS TO THE ACTOn April 11, 1939, the Committee on Education and <strong>Labor</strong> of theUnited States Senate began hearings on a number of bills to amendthe <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> Act. The hearings continued duringApril, May, and June, 1939.At the opening of the hearings, the <strong>Board</strong> submitted to the Committeea report on the proposed amendments to the act. This reporthas been incorporated into the record of the Committee's proceedings. 213Chairman J. Warren Madden, <strong>Board</strong> members Edwin S. Smith, DonaldWakefield Smith, and William M. Leiserson (then Chairman ofthe <strong>National</strong> Mediation <strong>Board</strong>), and General Counsel Charles Fahyappeared as witnesses before the Committee.27In the report submitted to the committee, and in the testimony ofits Members and General Counsel, the <strong>Board</strong> made an exhaustiveanalysis of the proposed amendments, and of the act and its workunder its provisions, and stated its position on the proposed amendments.The hearings before the Senate Committee were still in progress atthe close of the fiscal year ended June 30, 1939. The hearings beforethe Committee continued through July and on August 1, 2, 3, and 4,1939. On that day, the hearings were adjourned until January 15,1940.On May 4, 1939, the Committee on <strong>Labor</strong> of the House of Representativesbegan hearings on a number of proposed bills to amend the<strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> Act. The hearings continued through Mayand June 1939.At the opening of the hearings, the <strong>Board</strong> submitted to the Committee.a Report on the proposed amendments of the act. 28 Chairman26 Report of the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> to the Senate Committee on Educationand <strong>Labor</strong> upon S. 1000, S. 1264. S. 1392, S. 1550. and S. 1580. April 1939, printed in Hearingsbefore the Committee on Education and <strong>Labor</strong>. United States Senate. Seventy-sixthCongress. on <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> Act and Proposed Amendments (hereinafter referredto as Hearings). Pt. 3, April 26.1939, pp. 467 to 014, inclusive.27 Testimony of J. Warren Madden, Hearings. Pt. 1. April 18, 1939, pp. 90-159; Pt. 2,April 19. 1939, pp. 161-238 : Pt. 2. April 24. 1939. pp. 254-325.Testimony of Edwin S. Smith, Hearings, Pt. 9, June 5, 1939, pp. 1565-1627.Testimony of Donald Wakefield Smith. Hearings, Pt. 7, May 22, 1939. pp. 1203-1220.Testimony of William M. Leiserson, Hearings, Pt. 5, May 10, 1939, pp. 917-033; Pt. 6,May 15, 1939, pp. 991-1006.Testimony of Charles Fahy, Hearings. Pt. 2. April 25. 1939, pp. 327-393; Pt. 3, April 26,1939, pp. 395-473; Pt. 12, June 23, 1939, pp. 2319-2379.28 Report of the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> to the Committee on <strong>Labor</strong> of theHouse of Representatives upon H. R. 2761. H. R. 4376, H. R. 4400, H. R. 4594, H. R. 4749.H. R. 4990, and H. R. 5231, ordered to be made a part of the record of the hearings ofthe Committee, Hearings before the Committee on <strong>Labor</strong>. House of Representatives,Seventy-sixth Congress. on Proposed Amendments to <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> Act (hereinafterreferred to as Hearings), Vol. 2, June 7, 1939, p. 626.
10 FOITRTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDJ. Warren Madden and General Counsel Charles Fahy appeared aswitnesses 29 before the Committee."In the Report submitted to the Committee, and in the testimony ofits Members and General Counsel, the <strong>Board</strong> made a thorough analysisof the proposed amendments, and of the act and its work under itsprovisions, and stated its position on the proposed amendments.The hearings before the House Committee were still in progress atthe close of the fiscal year ended June 30, 1939. The hearings beforethe Committee continued in July 1939 and concluded on July 26, 1939.On that date the hearings were adjourned until January 1940.On July 20, 1939, the House of Representatives passed a resolutionfor the appointment of a Committee of five Members of the Houseto investigate the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> and the administrationof the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> Acts'At the time of going to press, the <strong>Board</strong>, at the request of theSpecial Committee to Investigate the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong>,appointed by the Speaker of the House pursuant to the resolution,is furnishing material requested by this Committee for its investigation."F. CERTIFICATION OF REPRESENTATIVES AS BONA FIDE UNDER TERFAIR LABOR STANDARDS ACT OF 1938During the fiscal year the <strong>Board</strong> certified a number of labororganizations as bona fide under the provisions of section 7 (b) ofthe Fair <strong>Labor</strong> Standards Act of 1938. 33 During the year, the<strong>Board</strong> received 124 requests for such certification, and issued 113.certifications. Five requests were denied and six were pending onJune 30, 1939. Ninety-nine American Federation of <strong>Labor</strong> unionswere so certified, 12 Congress of Industrial Organizations unions,and two unaffiliated unions. The <strong>Board</strong> has certified labor organizationsas bona fide where the labor organization has previously beencertified by the <strong>Board</strong> under section 9 of the <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong>Act, or where the labor organization is an affiliate of aninternational or parent organization which has previously beencertified by the <strong>Board</strong> under section 9, or where another local of thesame international or parent organization has previously been certifiedunder section 9•34The following chapters review in detail the work of the Boar&during the fiscal year.29 <strong>Board</strong> Members Edwin S. Smith (Hearings, Vol. 5, July 7, 1939, pp. 1561-1586), andDonald Wakefield Smith (Hearings, Vol. 8, pp. 2166-2183), appeared as witnesses beforethe Committee after the close of the fiscal year.8°Testimony of J. Warren Madden, Hearings, Vol. 2, May 23, 24, 25, 26, 29, and 31, 1939,pp. 307-520.Testimony of Charles Fahy, Hearings, Vol. 2, May 31, June 2, 6, and 7, 1939. Vol. 3,June 27 and 28, 1939, pp. 1017-1279. (A statement- by Mr. Fahy was also inserted Intothe record, Hearings, Vol. 8, pp. 2143-2166).81 H. Res. 258, 76th Cong., let sees.32 Contrary to usual practice, this section refers to the Hearings of the Senate and House-Committees beyond June 30. 1939, as well as to the House resolution of July 20. 1939, toinvestigate the <strong>Board</strong> and to the beginning of the investigation by the Special Committee_It is believed that these matters are of sufficient importance to be thus reported.03 52 Stat. 1060; 29 U. S. C. 201-219.m See ch. VI, D., post, for more detailed report.
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WI. PRINCIPLES ESTABLISHED 73that,
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VIL PRINWYLES ESTABLISHED 85the wis
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VII. PRINCIPLES ESTABLISHED 111by i
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VIII. JURISDICTION 113This result h
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IX. LITIGATION 115ing Mill Employee
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IX. LITIGATION 117ployees after ref
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IX. LITIGATION 119-which they forme
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IX.. LITIGATION 121which had gained
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IX. LITIGATION 123Court held that t
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IX. LITIGATION 125B. MISCELLANEOUS
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IX. LITIGATION 127had given full ef
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IX. LITIGATION 129'Where the corpor
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IX. LITIGATION 131• When the unio
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IX. LITIGATION 133established altho
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IX. LITIGATION 135corporation's fai
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IX. LITIGATION 137Corp. v. N. L. R.
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DC. LITIGATION13gopposed to that un
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IX. LITIGATION 141B. CONSENT DECREE
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IX. LITIGATION 143Dupuy Storage d F
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IX. LITIGATION 145L. C. Phenix Co..
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IX. LITIGATION 147Tenth Circuit Cou
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X. THE TRIAL EXAMINERS' DIVISIONThe
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XII. INFORMATION DIVISION 159The ac
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APPENDIX ATABLE T.—Comparison of
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CHART A6NUMBER OF STRIKES CONTRASTE
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