J. - National Labor Relations Board

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INFORMATION DIVISION 161,Throughout the fiscal year the Board was under a continuingchallenge that its activities were not effectuating the purpose of theact to promote industrial peace. Its .newspaper relations in thisrespect, the Board feels, have improved. Although no accuratecheck is practicable, it is obvious that more space than previouslywas given during the fiscal year to the reporting of Board decisionsand to their review by circuit courts of appeals. This more generoususe of space is, in direct proportion, an aid to public understandingof the issues.The editorial interpretation of these issues both reflecting andcreating public opinion, has by the same token become ' more analyticalof basic lab.or problems in degree that editors have had moreaccess to facts in their own news columns. In the previous yeareditors underscored violence in labor disputes and, since editors mustmake their comments on spot news, their conclusions on the meritsof the current disputes were necessarily based on limited evidenceand on emotional statements by the parties involved. However,during the following year (that covered by this report) strike violencewas less in the news and, instead, newspapers went to theoriginal causes of the 1937-38 strike wave as presented by witnessesat Board hearings and in the Board decisions themselves. A moreobjective editorial discussion of dispute cases was the salutary result.Since the period of acceptance of any new law is long, and shouldbe shortened if possible, it may be permissible to point out an omissionwhich newspapers and radio commentators are inclined to makeThis is the failure to make clear that the act should not be heldresponsible for all industrial unrest since its functions are limitedto the protection of self-organization and the procedures of collectivebargaining. The act goes no further than the guidance of thesefirst steps in i the employer-employee relationship, on the suppositionthat newly organized labor and traditionally organized industry willmake their own adjustments according to their separate bargainingskills and their desire to live amicably together. The act of livingtogether under stable agreements, and not the steps which led upto it, constitutes the bone and sinew of the employer-employee relationship.The act contributes nothing more than a space and anatmosphere in which it can grow to useful stature. To distinguishbetween the one field where the act functions and the other wheredemocratic procedures are with difficulty seeking new adjustments,is a clarification which the press is uniquely equipped to make.D. STAGES AT WHICH INFORMATION IS AVAILABLEThe following describes the progressive stages of Board unfairlabor practice and representation cases, and states whether informationis available at each stage or why it is withheld :The fact that charges or petitions have been filed is availableupon inquiry, but details of allegations are withheld becausecharges merely represent unsubstantiated facts and the Boardholds it unfair to employers to make them public prior to itsinvestigation.Formal complaints are issued when investigation reveals abasis for unfair labor practice allegations. Normally, corn-
162 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDplaints are made public in the regions where they originate..When the Board issues a complaint in its own name the text isreleased at Washington.Hearings upon complaints or representation issues are opento the public.The intermediate reports of trial examiners are made publicin complaint cases. They are usually made public both m thefield where issued and at Washington. In representation cases,informal reports are submitted by the trial examiners to theBoard, and are not made public.Cease and desist orders and decisions or certifications in representationcases are made public in Washington. when signed bythe Board. Digests are simultaneously issued by the informationdivision. The full text of each decision is available forreference immediately and is printed for general distributionwithin a short period.Summaries of the Board's record in the courts are periodicallyissued. The texts of circuit courts of appeals decisions in Boardcases are mimeographed as soon as possible.E. ACTIVITIES OF INFORMATION DIVISIONThe Information Division consists of a director, an assistantdirector, a senior information assistant, a secretary-clerk, and a stenographer-clerk.Its duty is to supply or make available informationon the status of Board cases, the contents of examiners' reports,the text of Board decisions, and the course of litigation cases. TheDivision prepares for mimeograph release the following type ofinformation :Digests of Board decisions and intermediate reports.Digests of Board orders for election.Digests of complaints when issued by the Board.During the fiscal year, in addition to preparing the above-mentioned815 items, the Division released 19 speeches by Board members andofficers.A mailing list is maintained for those who request regular receiptof material issued, including the monthly summary of Board activities.No names are placed on the list except by such specificrequest. Under these circumstances the list, on June 30, 1939; wasas follows :Receiving releases (including newspapers, labor organizations, tradejournals, students, etc.) 2, 436Receiving court decisions 320Receiving monthly summaries 524Regional offices 22Total 3,302All decisions are printed at the Government Printing Office andmay be obtained only through the Superintendent of Documents. Alist of all Board publications available at the Government PrintingOffice is furnished upon request to the Board.
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LETTER OF TRANSMITTALNATIONAL LABOR
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6 FOURTH ANNUAL REPORT OF NATIONAL
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FOURTH ANNUAL REPORT OF NATIONAL LA
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10 FOITRTH ANNUAL REPORT OF NATIONA
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IV. WORK OF THE BOARDUnder the act
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,24 FOURTH ANNUAL REPORT OF NATIONA
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IV. WORK OF THE BOARD 27If all case
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V. UNFAIR LABOR PRACTICE CASES 29of
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TABLE VI.—Analyses of charges rec
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V. UNFAIR LABOR PRACTICE CASES 33Th
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TABLE VIII.—Disposition of unfair
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V. UNFAIR LABOR PRAWICE CASES 37TAB
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General Tax Tips #46TO BE PRINTED B
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V. UNFAIR LABOR PRACTICE CASES 41TA
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VI. REPRESENTATION CASES 43tion. In
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TABLE XV.—bisposition of represen
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VI. REPRESENTATION CASES 47'unions.
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VI. REPRESENTATION CASES 49TABLE XV
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VI. REPRESENTATION CASES 51C. ELECT
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TABLE XX.-Elections conducted by th
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VI. REPRESENTATION CASES 55(2) On a
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VII. PRINCIPLES ESTABLISHED 57A. IN
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VII. PRINCIPLES ESTABLISHED 590527,
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VII. PRINCIPLES ESTABLISHED • 61T
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VII. PRINCIPLES ESTABLISHED 63In Ma
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VII. PRINCIPLES ESTABLISHED 65emplo
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' VII. PRINCIPLES ESTABLISHED 67in
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VII. PRINCIPLES ESTABLISHED 69D. DO
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VII. PRINCIPLES ESTABLISHED 71I * *
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WI. PRINCIPLES ESTABLISHED 73that,
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VII. PRINCIPLES ESTABLISHED 75.tion
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VII. PRINCIPLES ESTABLISHED 77Annua
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VII. PRINCIPLES ESTABLISHED 79to th
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VII. PRINCIPLES ESTABLISHED 81conte
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VII. PRINCIPLES ESTABLISHED 83or ot
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VIL PRINWYLES ESTABLISHED 85the wis
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VII. PRINCIPLES ESTABLISHED 87to de
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VII. PRINCIPLES ESTABLISHED 89has b
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VII. PRINCIPLES ESTABLISHED 91of on
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VII. PRINCIPLES ESTABLISHED 93In Ma
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VII. PRINCIPLES ESTABLISHED 95of pr
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VII. PRINCIPLES ESTABLISTTF.D 97-th
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VII. PRINCIPLES ESTABLISHED 99The B
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VII. PRINCIPLES ESTABLISHED 101The
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VII. PRINCIPLES ESTABLISHED 103ploy
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VII. PRINCIPLES ESTABLISHED 105More
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VII. PIIINCIPLES ESTABLISHED 107the
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VII. PRINCIPLES ESTABLISHED 109In a
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Page 120 and 121: VIII. JURISDICTION 113This result h
Page 122 and 123: IX. LITIGATION 115ing Mill Employee
Page 124 and 125: IX. LITIGATION 117ployees after ref
Page 126 and 127: IX. LITIGATION 119-which they forme
Page 128 and 129: IX.. LITIGATION 121which had gained
Page 130 and 131: IX. LITIGATION 123Court held that t
Page 132 and 133: IX. LITIGATION 125B. MISCELLANEOUS
Page 134 and 135: IX. LITIGATION 127had given full ef
Page 136 and 137: IX. LITIGATION 129'Where the corpor
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Page 140 and 141: IX. LITIGATION 133established altho
Page 142 and 143: IX. LITIGATION 135corporation's fai
Page 144 and 145: IX. LITIGATION 137Corp. v. N. L. R.
Page 146 and 147: DC. LITIGATION13gopposed to that un
Page 148 and 149: IX. LITIGATION 141B. CONSENT DECREE
Page 150 and 151: IX. LITIGATION 143Dupuy Storage d F
Page 152 and 153: IX. LITIGATION 145L. C. Phenix Co..
Page 154 and 155: IX. LITIGATION 147Tenth Circuit Cou
Page 156 and 157: X. THE TRIAL EXAMINERS' DIVISIONThe
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Page 160 and 161: XI. DIVISION OF ECONOMIC RESEARCH 1
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Page 166 and 167: XII. INFORMATION DIVISION 159The ac
Page 170 and 171: XIII. LIST OF CASES HEARD AND DECIS
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Page 176 and 177: LIST OF CASES HEARD AND DECISIONS R
Page 178 and 179: XM. LIST OF CASES HEARD AND DECISIO
Page 196 and 197: APPENDIX ATABLE T.—Comparison of
Page 198 and 199: CHART A6NUMBER OF STRIKES CONTRASTE
Page 200 and 201: ' •Arpti-smix"A 193TABii -1L-Comp
Page 202 and 203: NUMBER OF WORKERS INVOLVED IN ORGAN
Page 204 and 205: CHART EMILLIONS OFMAN-DAYS OF IDLEN
Page 206 and 207: APPENDIX B• ,. "Pft,LIST .7 F 3RE
Page 208 and 209: 200 FOURTH ANNUAL REPORT OF NATIONA
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