J. - National Labor Relations Board

IV. WORK OF THE BOARDUnder the act the Board has two main functions—to preventemployers from engaging in any of the unfair labor practices affectingcommerce listed under section 8 of the act and to investigate anycontroversy affecting commerce which has arisen concerning therepresentation of employees and certify the name or names of therepresentatives that have been selected. The latter function is authorizedin section 9 (c) of the act.Cases arising under section 8 of the act are known as unfair laborpractice cases, or complaint cases. Cases arising under section 9 (c)of the act are referred to as representation cases.An outline of the procedure adopted by the Board with respect tothese two types of cases and the manner in which such cases havebeen handled during the fiscal year ending June 30, 1939, are given in-chapters V and VI of this report.A. STATISTICAL SUMMARYCases on docket July 1, 1938, to June 30, 1939.—On June 30, 1938,there were pending before the Board 3,778 cases, involving 1,302,161workers.' Between that date and June 30, 1939, the Board and its 22regional offices received 6,904 charges and petitions involving 1,147,--284 workers. Thus, 10,682 cases, involving 2,449,445 workers were-before the Board for consideration during the fiscal year 1938139.Cases closed July 1,1938, to June 30, 1939.—During that period,the Board and its regional offices disposed of 6,569 cases, involving1,028,959 workers. This constituted 61 percent of all cases on its-docket during the fiscal year.In 2,942 cases, or 44.8 percent of all cases closed in.compliance with the act were secured after a preliminary investigationby agents of the Board which resulted in an agreement amongthe interested .parties. In 803 cases, or 12.2 percent of all cases -closed 2 the regional director refused to issue a complaint after aninvestigation had revealed that the facts did not warrant the institutionof formal proceedings. In an additional 1,749 cases, or 26.6percent of all those closed, where investigation also revealed that thefacts did not warrant the institution of formal proceedings 2 theparties filing the cases withdrew them, on having that fact pointedout to them by the Board or its agents. Forty more cases were-closed before the institution of formal proceedings, through other• methods such as transfer from one regional office to another. Thus,-of the 6,56 9 cases closed during the fiscal year 1938-39, 5,534, or 84.2percent, were closed without any formal action by the Board.In only 1,035 cases, or 15.8 percent of all cases closed in the fiscalThe figures given in the Third Annual Report (p. 20) were 3,781 cases and 1,285,870-workers. These figures were revised upon the receipt of additional information from the-regional offices.18