J. - National Labor Relations Board

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IV. WORK OF THE BOARD 23:5 oral. In one case, the employer was negotiating with the union'srepresentatives at the time the Board closed the case.A total of 167 employers posted notices, affecting 66,495 workers,indicating compliance with the act.In 91 cases, employers agreed to cease and desist from dominatingand interfering with labor organizations of their employees. In casesof this type, a number of company-dominated unions were- disestablished.In 87 cases, employers reinstated 1,511 workers after the Board heldthat these workers had been discriminatorily discharged. In 93 cases,a total of 1,201 workers received $368,690 in back wages lost whilethey were unemployed because of discharge for union activity orunion membership.Summarizing the results of the operations of the Board during thefiscal year 1938-39, in terms of what restitution was made to workersand to labor organizations against whom unfair labor practices hadbeen committed, it is found that:1. In a total of 923 unfair labor practice cases, involving 134,326workers, unions were recognized for the purposes of collective bargaining.2. A total of 769 collective bargaining contracts, involving 95,937workers were entered into. Of these, 635 were reduced to writingand 13-i were based on oral understandings. In an additional 44cases negotiations were going on at the time the cases were closed.3. in 903 cases, employers posted notices that they would cease_ allunfair labor practices. These postings affected 189,662 workers.4. Employers ceased dominating and interfering with labor organizationsof their employees in 245 cases, affecting 96,091 workers.5. A total of 7,738 workers were reinstated after discriminatorydischarge.6. A total of $658,523 was paid in back wages to 3,063 workers.B. ANALYSIS OF CASES BY 'UNIONS INVOLVEDIn this section there is presented an analysis of the disposition ofcases with a breakdown according to the unions filing the charges orpetitions.Cases closed.—Of the 10,682 cases on the docket during the fiscalyear 1938-39, 4,176 were filed by A. F. of L. unions, 5,025 by C. I. 0.affiliates, 847 by unaffiliated labor organizations, and 634 by individuals.4During the year 63.3 percent of the A. F. of L. cases and 59.7 per cent• of the C. I. 0. cases were disposed of.Settlements prior to the institution of formal proceedings wereeffected in 50.2 percent of the A. F. of L. cases, and in 44.5 percentof the C. I. 0. cases.In 25.0 percent of the cases they filed, A. F. of L. affiliates agreed towithdraw their cases after an investigation revealed that the Boardcould not take any action under the provisions of the act. The Boarddismissed 12.0 percent of their cases, this procedure being followedwhere the unions did not choose to withdraw. 0.1. 0. unions withdrew27.3 percent of their cases and had 7.8 percent dismissed by the Board.'In cases where unions changed their affiliation during the proceedings, their affiliationat the time of filing the charge or petition was the determining factor. It should alsobe noted that cases filed by individuals include only unfair labor practice cases. ( gee footnote,page 47.)
,24 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDIn other words, the Board and its agents, after appropriate investigationfound that 37.0 percent of the A. F. of L. cases and 35.1 percentof the C. I. 0. cases were without merit.As has been indicated, some of the Board's cases are disposed ofprior to the issuance of decisions by the Board even though formalaction has been instituted. This occurred in 3.8 percent of the A. F.of L. cases and 5.0 percent of the C. I. 0. cases. Finally, the Boardclosed 8.4 percent of the A. F. of L. cases, and 14.9 percent of theC. I. 0. cases after the issuance of decisions and ordersDeci8ians i88ued and hearings held.-The Board held hearings in 286A. F. of L. cases, and 636 C. I. 0. cases during the year. It issueddecisions in 252 A. F. of L. cases and 600 C. I. 0. cases. These figuresconstitute 6.2 percent and 12.4 percent, respectively, of cases on thedocket filed by each of these labor organizations, excluding those casesalready decided on June 30. 1938, but then awaiting either compliancewith BOard decisions or certification after the direction of elections.Tables II through IV show the disposition of cases filed by A. F. ofL. unions, C. I. 0. affiliates, and unaffiliated unions.5TABLE IL-Disposition of all charges and petitions of American Federation ofLabor unions on docket July 1, 1938, to June 30, 1939Percentage of-Percentage of-Number Total TotalNumber of work- number numberof cases Total Total ers in- of work- of workcasescases on calved ers in- ers incloseddocket volvedin casesclosedCases pending June 30, 1938 1, 182,28. 3 210,412Cases received July 1, 1938, to June 30,1939 2, 994 71. 7 317, 936, volved .in caseson docketTotal cases on docket 4, 176 100. 0 528, 388 100. 0Cases closed before formal action:By settlement ' 1, 326 50. 2 31. 8 136, 354 46. 2 • 25. 8By dismissal 318 12.0 7. 6 38,205 13. 0 7. 2By withdrawal 662 25. 0 15. 9 44, 897 15. 2 8. 6Otherwise 15 . 6 . 3 1, 709 . 6 . 3Total cases closed before formalaction , 2 321 87. 8 55. 6 221. 165 75. 0 41. 9Cases closed after formal action:By settlement before hearing 15 .6 .3 2, 682 .5By settlement after hearing 28 1.1 .7 11,710 4.0 2.2By dismissal before hearing 4 . 2 . 1 393 . 1 . 1By dismissal after hearing 9 . 3 . 2 3, 394 1. 2 . 7By withdrawal before hearing 12 . 4 . 3 2, 295 . 8 . 4By withdrawal after hearing 17 . 6 .4 2, 186 . 7 . 4By intermediate report finding noviolation 4 . 2 . I 577 . 2 . 1By compliance with intermediate report12 . 4 . 3 777 . 3 . 2By issuance of decisions and orders:Certification/79 3. 0 1. 9 18, 693 6. 3 3. 5Compliance88 3. 3 2. 1 18, 642 6. 3 3. 5Dismissal of complaint or petition_ 56 2.1 1.3 12, 395 42 2.3Total cases closed after formalaction 324 12. 2 7. 7 73, 744 25. 0 13. 9Total cases closed July 1, 1938,to June 30, 1939 2, 645 100. 0 294. 909 100. 0 44. 2.Cases pending June 30, 19391,531 36. 7 233, 479,39.860. 2Cases filed by individuals include only unfair labor practice cases: • ( See footnote,p. 47.) Table XIII, p. 41, shows the disposition of these cases.
Page 4: LETTER OF TRANSMITTALNATIONAL LABOR
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Page 25 and 26: IV. WORK OF THE BOARDUnder the act
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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 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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