J. - National Labor Relations Board

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IV. WORK OF THE BOARD 19year 1938-39, did the closing involve formal proceedings before theBoard. Two hundred and fifty-seven of these cases, or 4 percent.of all cases closed, were settled, dismissed, or withdrawn after formalproceeding had begun but before a Board decision had been issued.In 35 additional cases, or 0.5 percent of all cases closed in the fiscalyear, disposition followed the issuance of intermediate reports butpreceded the issuance of decisions by the Board. Of these cases 9were closed by the dismissal of the charges by the trial examiner and26 by compliance with the recommendations of the trial examiner. Inonly 743 cases, or 11.3 percent, did final disposition follow the issuanceof decisions and orders by the Board.Table I shows the number of cases on docket, the number of workersinvolved, and the various methods by which the Board's caseswere disposed of during the fiscal year ending June 30, 1939, as wellas the total number of cases pending on that date.TABLE L-Di,sposition of all charges and petitions on docket July 1, 1938, toJune 30, 1939Percentage of-Percentage of-Number Total TotalNumber of number numberof cases Total Total workers of ofcases cases on involved workers workersclosed docket involved involved:in casesclosedIncaseson docketCases pondine June 30, 1938 3,778 35.4 1., 302, 161 53. 2Cases received July 1, 1938, to June 30, 1939_ 6,904 64.6 1,147, 234 46. STotal cases on docket 10,532 100. 0 Z 449,445 100.0Cases closed before formal action:By settlement 2,942 44.8 27. 5 341, 142By dismissal 803 12.2 7.5 116,66333. 211. 313.94.8By withdrawal 1, 749Otherwise' 4028. 6. 616. 4. 4533.06818, 80727. 5I. 311. 6. TTotal eases closed before formal action5.534 84.2 51.8 759,680 73.8 31.0.Cases closed after formal action: rBy settlement before hearing 44 .7 .4 9,312 .9 .4By settlement after hearing 83 1.3 .8 24,064 2. 3 1.0.By dismissal before hearing 13 .2 .2 5,642 . 5 .2By dismissal after hearing 26 . 4 .3 5,677 .6 2-By withdrawal before hearing 3.5 .5 .3 5,014 .5 . s.By withdrawal after hearing 56 .9 .5 16,668 1.6 .7By intermediate report finding noviolation 9 . 1 . I 840 . 1 (3)By compliance with intermediatereport 26 . 4 . 2 2.983 . 3 . 1By issuance of decisions and orders:Certification 364 5. 5 3.4 123, 172 12.0 5. 0'Compliance , 207 3.2 1.9 40,276' 3.9 1.7Dismissal of complaint or petition_ 172 2. 6 1. 6 35,691 3. 5 1. 5,Total cases closed after formalaction 1,035 15.8 9.7 269.279 26.2 11.0,Total cases closed July I, 1938,to June 30, 1939 6,569 100.0 1, 023. 959 100.0Cases pending June 30, 1939 4,113 385 1, 420, 486 58.0' Includes cases transferred from one rezional office to another., By "formal action" is meant the issuance of a complaint in an unfair labor practice case and the issuanceofa notice of hearing in a representation ease.3 Less than 0.05 percent.4 Includes 19 cases which were closed without full compliance with Board orders. 1.n these cases th e.Board did not enforce its orders for various reasons.
20 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDCases pending as of June 30, 1939.—Of the 10,682 cases on thedocket during the fiscal year 1938-39, 4,113 cases remained on thedocket on June 30, 1939. Of these pending cases 2,389, or 58 percent,were under investigation in the regional offices. In 211 cases, or 5percent of the total, the investigation had been completed and theinstitution of formal proceedings authorized. Awaiting the commencementof hearings were 129 cases, or 3 percent of the total. In40 cases, or 1 percent, hearings were being held. In 179 cases, or 4percent of the total, hearings had been held but intermediate reportshad yet to be issued. Six hundred and eighty-three cases, or 17 percentof the total were awaiting decision by the Board. Finally, 482cases, or 12 percent of the total, were awaiting either compliance withBoard decisions or certification in cases where elections had beendirected.Decisions issued and cases heard.—In the 12 months covered by thisreport, the Board held hearings in 1,048 cases, all of which wereconducted by trial examiners designated by the Chief Trial Examiner.2 This number includes hearings held both in cases closed bythe Board during the year and in cases still pending before the Boardon June 30, 1939.The Board issued decisions in 893 cases: This figure includes casesin which hearings were held prior to July 1, 1938, as well as casesheard during the fiscal year 1938-39. These cases constitute 8.6 percentof all cases on the docket, excluding the 316 cases which on June 30,1938, had already been decided but were either awaiting compliancewith the decisions of the Board in unf air labor practice cases orcertification after elections directed by the Board. Included in the893 cases decided were 512 cases involving the question of representationand 381 cases involving charges of unfair labor practices.Settlements.—The Board has attempted in every way possible toreduce to a minimum the time elapsing between the initiation andthe closing of a case before it. To that end, it has encouraged theeffectuation of settlements -without recourse to formal Board procedure.The ability of the regional director to secure settlementswithout recourse to formal Board decisions and orders has meant therapid removal from the area of possible industrial conflict of disputeswhich, by their nature, are likely to lead to economic strife. TheBoard is gratified to report, therefore, that in 3,069 cases substantialcompliance with the act was secured by agreement between the partiesprior to the issuance of a Board decision. These cases represent 46.8percent ofall cases disposed of during the period.These settlements, which include the 2,942 cases settled before thebeginning of any formal action and 127 cases settled after formalaction was begun but before the issuance of a Board decision, securedsubstantial complionce with the act.In most instances intervention took place before the disputes involvedhad advanced to a stage of strikes or threatened strikes. Theissues in these disputes—discrimination and union recognition—werethe issues which have caused a large percentage of arikes in theUnited States for many years. It seems safe to assume, therefore,that but for the intervention of the Board a large proportion of2 All data on hearings include only those hearings which were closed on or before June 30,1939. On that date hearings were still in progress in 40 cases.
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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 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 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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