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V. UNFAIR LABOR PRACTICE CASES 33The Board and its agents obtained compliance with the act on thebasis of informal settlements in 1,990 cases, or 47 percent of all unfairlabor practice cases closed by the Board during the fiscal year 1938-39.These settlements affected 203,692 workers.In only a relatively small percentage of the unfair labor practicecases filed with the Board, does the regional director issue a formalcomplaint. These are cases in which the regional director decidesthat the allegations in the charge constitute unfair labor practicesaffecting commerce and finds it impossible to settle the dispute informally.The Board, through its agents issued a total of 522 complaintsduring the 12 months ending June 30, 1939. This was slightly morethan 8 percent of the sum of the 4,618 unfair labor practice casesfiled during the year and the 1,732 unfair labor practice cases pendingand still under investigation on June 30, 1938.A total of 397 cases were closed after formal complaints wereissued. A number of these, namely 127 cases, were settled, dismissed,or withdrawn before the issuance of Board decisions although in somecases hearings had been held. In 9 cases, the trial examiner dismissedthe complaint, and in 26 cases the respondent agreed tocomply with the recommendations of the trial examiner.After the issuance of the trial examiner's report, a case is transferredto the Board. If the respondent does not comply with therecommendations contained in the intermediate report of the trialexaminer or if exceptions are filed to his recommendations by anyparty to the proceedings, the case comes before the Board for decision.During the fiscal year a total of 235 cases was closed following theissuance of a Board decision either through dismissal of the entirecomplaint or through compliance with the Board's order. 4 Althoughthe complaints in only 28 of the cases were dismissed in theirentirety, a large number of decisions included a partial dismissalof the complaint. The large number of cases closed by compliancewith Board decision is explained by the fact that although duringthe first 3 fiscal years many decisions resulted in compliancewith the affirmative portions of the Board's decisions, the Boardcontinued to carry the cases as pending until such time as itwas felt that the effects of the unfair labor practices had beendissipated.5 During the fiscal year 1938-39, the Board consideredsuch cases closed and thus the number of cases closed bycompliance was relatively high as compared with previous years.Although such cases are considered closed from a statistical point ofview, from the legal point of view, the cease and desist orders continuein effect indefinitely.Despite the inclusion in the data on cases closed of cases in whichBoard decisions had been issued in earlier years, only 5.6 percentof all unfair labor practice cases disposed of during the year wereclosed after formal Board decisions and orders.4 For statistical purposes only. unfair labor practice cases in which decisions and ordershave been issued are consid ered eh-Ted when compliance with the affirmative portion of theBoard orders is secured. The negative portions of the orders, I. e., the cease and desistorders, remain in effect indefinitely.See footnote (4), Table I.
34 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDTable VII shows a complete break-down of the disposition of unfairlabor practice cases during the fiscal year 1938-39, and in TableVIII there is presented a similar break-down by regions.TABLE! VII.-Di8positios of all unfair labor practice cases on docket July 1, 1938,to June 30, 1939Percentage of-Percentage of-Number Total TotalNumber of number numberof cases Total Total workers of ofcases cases on involved workers workersclosed docket involvedIn casesclosedinvolvedin caseson docketCases pending June 30, 1938_ 2,514 35. 2 705, 173 51. 5Cases received July 1, 1938, to June 30, 1939_ 4,618 64.8 665, 102 48.5Total cases on docket 7, 132 100.0 1,370, 276 100.0Cases closed before issuance of complaint:By settlement 1.900 47.0 27. 9 203,692 45. 8 14.8By dismissal 539 12. 7 7. 6 35, 631 8. 0 2. 6By withdrawal 1,269 30.0 17. 8 112. 108 25. 2 8. 2Otherwise 35 . 8 . 5 10,598 2.4 . 8Total cases closed before issuanceof complaint 3,833 90.5 53.8 362,029 81.4 26.4Cases closed after issuance of complaint:•By settlement before hearing 29 . 7 . 4 4,980 1. 1 . 4By settlement after hearing 53 1.3 .7 14,107 3.2 1.0By dismissal before hearing 8 .2 .1 5,084 1.1 .4By dismissal after hearing 12 .3 . 2 3, 524 .8 .3By withdrawal bdfore bearing 10 .2 .1 716 .2 (1)By withdrawal after hearing 15 . 4 . 2 3,007 .7 .2• By intermediate report finding noviolation 9 . 2 . 1 840 . 2 . 1By compliance with intermediate re-. port 26 ' .6 .4 2,983 . .7 .2By dismissal by Board decision 28 7 .7 .4 6,560 1.5 . .5By compliance with Board decision 1._ 207 4.9 2.9 40,276 9.1 2.9Total cases closed after issuance ofcomplaint 397 9. 5 5. 5 82,077 18. 6 6.0Total cases closed July 1, 1938', toJune 30, 1939 4,230 100.0 - 444, 106 100.0Cases pending June 30, 1939.•1 Less than 0.05 percent.1 See footnote (4), 'fable I.' 2,902 40. 7 926, 169 • 67. 6
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VIL PRINWYLES ESTABLISHED 85the wis
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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 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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