J. - National Labor Relations Board

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II. THE NATIONAL LABOR RELATIONS BOARDA. THE BOARDDuring the fiscal year 1939, the members of the Board were asfollows : J. Warren Madden, of Pennsylvania, chairman ; Edwin S.Smith, of Massachusetts, member; and Donald Wakefield Smith, ofPennsylvania, member, until the appointment and confirmation ofWilliam M. Leiserson, of Ohio, on June 1, 1939.B. ORGANIZATION-WASHINGTON OFFICEThe following major divisions in the Washington office have beenestablished by the Board : Administrative, Legal, Trial Examining,Economic Research ? and Information.The Administrative Division, under the general supervision of theSecretary, is‘ responsible for the coordination of all the divisions ofthe Board and also for the administrative activities of the Board bothin the Washington and regional offices.The clerical and fiscal work is under the direct supervision of achief clerk who is directly responsible for the following sections :Accounts, Personnel, Dockets Files and Mails, Purchase and Supply,Duplicating and Stenographic.The Secretary, together with the Assistant Secretary and an administrativestaff, supervises case development in the field to the extentthe Washington office participates therein, to the point where hearingsare authorized, and specializes in the labor relations phases of theproblems as well as in the formal procedures under the act. Theexecutive office conducts liaison activities with other Governmentagencies and establishments in matters germane to the handling of theBoard's cases.The Legal Division, under the supervision of the General Counsel,has charge of the legal work involved in the administration of theNational Labor Relations Act. This work falls into two main sectionsLitigation and Review.The Litigation Section, headed by the Associate General Counsel, isresponsible for two of the main branches of the legal work. First, itsupervises the regional attorneys in the presentation of the Board'scase in administrative hearings. Second, it represents the Board inall judicial proceedings, which include in the main proceedings in theUnited States Circuit Courts of Appeals for the enforcement orreview of the Board's orders, as well as in all other types of legalaction. It collaborates with the Department of Justice in the presentationof arguments before the Supreme Court of the UnitedStates. It prepares briefs for presentation to the courts in all judicialproceedings brought by or against the Board.192197-40-2 11
12 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDThe Review Section, headed by the Assistant General Counsel,assists the Board in the analysis of the records of hearings in theregions and before the Board in Washington. It receives from theBoard its opinions, decisions, directions, and orders and is responsiblefor drafting these in written form, subject to the continuing supervisionof the Board.The Trial Examining Division is entirely separate from the LegalDivision. It operates under the direct supervision of the Chief TrialExaminer, who is attached to the executive staff of the Board. TheChief Trial Examiner assigns trial examiners to hold hearings asagents of the Board. Staff members of this Division are assigned topreside over hearings On formal complaints and petitions for t, certificationof representatives, to make rulings on motions, to prepare intermediatereports containing findings of fact and recommendations forsubmission to the parties,- and to • prepare informal reports to theBoard.The Economics Division, under the supervision of the ChiefEconomist, prepares economic material for use as evidence in theBoard's cases, covering at times the business of the particular employerinvolved in a case before the Board and at times the industry of whichthis business is a part. It also makes general studies of the economicaspects of labor relations for use of the Board and prepares economicmaterial needed for inclusion in briefs for the courts in cases where theBoard is a litigant.The Information Division, under the supervision of the Director ofInformation, makes available to the public information regarding theactivities of the Board, through releases and answers to oral andwritten inquiries. Resumes of the Board's decisions and orders andsimilar information are provided to inquirers and to the press.C. ORGANIZATION-REGIONAL OFFICESNo substantial modification has been made of the organizational Orfunctional character of the Board's regional offices within the fiscalyear.The regional director is the administrative head of each regionaloffice, under the supervision of the Secretary's office in Washington.He is also in charge of the labor relations work, investigating Chargesof commission of unfair labor practices and petitions for certificationof representatives, 'attempting to secure compliance with the lawwithout formal procedure, issuing complaints, or refusing to issuecomplaints, after advising with the regional attorney, and conductingelections as agent of the Board.The field examiners aid the regional director in his investigationsand efforts to secure compliance, in holding elections as agents of theBoard, and in other nonadministrative duties.The regional attorney is the legal officer in the regional office andacts as counsel to the regional director and as counsel for the Boardin the conduct of hearings. The regional attorney is assisted in hisduties by other attorneys attached to the regional office.
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Page 25 and 26: IV. WORK OF THE BOARDUnder the act
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Page 34 and 35: IV. WORK OF THE BOARD 27If all case
Page 36 and 37: V. UNFAIR LABOR PRACTICE CASES 29of
Page 38 and 39: TABLE VI.—Analyses of charges rec
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Page 42 and 43: TABLE VIII.—Disposition of unfair
Page 44 and 45: V. UNFAIR LABOR PRAWICE CASES 37TAB
Page 46 and 47: General Tax Tips #46TO BE PRINTED B
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Page 50 and 51: VI. REPRESENTATION CASES 43tion. In
Page 52 and 53: TABLE XV.—bisposition of represen
Page 54 and 55: VI. REPRESENTATION CASES 47'unions.
Page 56 and 57: VI. REPRESENTATION CASES 49TABLE XV
Page 58 and 59: VI. REPRESENTATION CASES 51C. ELECT
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Page 62 and 63: VI. REPRESENTATION CASES 55(2) On a
Page 64 and 65: VII. PRINCIPLES ESTABLISHED 57A. IN
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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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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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X. THE TRIAL EXAMINERS' DIVISION 15
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XI. DIVISION OF ECONOMIC RESEARCH 1
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XL DIVISION OF ECONOMIC RESEARCH 15
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XI. DIVISION OF ECONOMIC RESEARCH 1
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XII. INFORMATION DIVISION 159The ac
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INFORMATION DIVISION 161,Throughout
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XIII. LIST OF CASES HEARD AND DECIS
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XIII. LIST OF CASES HEARD- AND DECI
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LIST OF CASES HEARD AND DECISIONS R
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XM. LIST OF CASES HEARD AND DECISIO
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APPENDIX ATABLE T.—Comparison of
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CHART A6NUMBER OF STRIKES CONTRASTE
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' •Arpti-smix"A 193TABii -1L-Comp
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NUMBER OF WORKERS INVOLVED IN ORGAN
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CHART EMILLIONS OFMAN-DAYS OF IDLEN
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APPENDIX B• ,. "Pft,LIST .7 F 3RE
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200 FOURTH ANNUAL REPORT OF NATIONA
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J. - National Labor Relations Board

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