J. - National Labor Relations Board

V. UNFAIR LABOR PRACTICE CASESA. STATISTICAL SUMMARY OF UNFAIR LABOR PRACTICE CASESSection 7 of the act provides that "employees shall have the rightto self-organization, to form, join, or assist labor organizations, tobargain collectively through representatives of their own choosing,and to engage in concerted activities, for the -purpose of collectivebargaining or .other mutual aid or protection." Section 8 of the actlists the five types of employer activities which interfere with therights of workers as guaranteed under section 7 of the act. When anemployer who comes within the jurisdiction of the act engages Many one or more of these unfair labor practices the complainingindividual or labor organization files a charge which contains a "clearand concise statement of facts constituting the alleged unfair laborpractices affecting commerce." 1The unfair labor practices set forth in section 8 include interferencewith, restraint and coercion of employees in the exercise oftheir rights guaranteed in section 7 of the act (section 8 (1) ) ; dominationof and interference with the formation or administration oflabor organizations (section 8 (2), the "company union" (subsection)discrimination against workers for union activity (section 8 (3) ) ;discrimination against workers for filing charges or testifying underthe act (section 8 (4) ) ; and refusal on the part of employers to bargaincollectively with the chosen representatives of their employees(section 8 (5) ).The Board has ruled that the violation of any of the four subsectionsof section 8 other than section 8 (1) is also a violation of section8 (1) of the act. Therefore, all charges filed with the Board includethe allegation that section 8 (1) has been violated. In some instances,however, certain unfair labor practices fall into the category of violationof section 8 (1) but are not violations of any of the other foursubsections of section 8.Cases of violation of section 8 are generally referred- to as "unfairlabor practice cases."Unfair labor practice cases on docket Jul?/ 1, 1938, to June 30,1939.—On June 30, 1938, the Board had pending before it a total of2,514 unfair labor practice cases, involving 705,173 workers. 2 Thesecases can be divided into two groups. One group includes caseswhich on June 30, 1938, were pending in the regional offices, awaitingeither investigation, the issuance of a complaint, the commencement'Rules and Regulations, art. II. sec. 4.2 The figures as given in the Third Annual Report (p. 31) were 2,519 cases and 696,464workers. These figures were revised upon the receipt of additional information from theregional offices.25