J. - National Labor Relations Board

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VI. REPRESENTATION CASES 43tion. In 257 cases, or 11.0 percent, the negotiations for a consent electionled to an admission that the petitioner actually represented themajority of the employees in the appropriate unit and thus led torecognition of such representative for the purpose of collective bargaining.Frequently, an agreement was secured between the petitionerand the employer which permitted an agent of the Board to comparethe union membership cards with the pay roll of the employer in orderto determine whether or not the petitioning union had been designatedby the workers as their representative for the purposes of collectivebargaining. The pay-roll check, as this method is generally called,was utilized in 241 cases, or 10.3 percent of the total cases closed.In those representation cases in which the regional director, afterinvestigation, concludes that a question of representation has arisenand in which no informal settlement can be reached among the interestedparties, the Board issues an order directing the regionaldirector to investigate the cases and to conduct hearings. At suchbearings, which are conducted by trial examiners designated by theChief Trial Examiner, evidence is obtained on the entire question ofrepresentation. Upon the conclusion of a hearing the case is transferredto the Board in Washington for disposition. Frequently,after the issuance of notice of hearing by the regional director, thequestion of representation may be resolved by an agreement amongthe interested parties, or by the dismissal or withdrawal of petitions.During the fiscal year 1938-39, a total of 45 cases were disposed ofin this manner. Some cases are similarly disposed of after hearingshave been conducted. Eighty-five cases were closed by this methodduring the year.When a representation case is transferred to the Board for finaldetermination, the Board may, after an examination of the evidenceintroduced at the hearing, certify or dismiss the petition withoutholding an election. Certification of unions without the holdingof an election occurred in 112 cases during the fiscal year 1938-39.In these cases the Board was convinced of the fact that the unionrepresented a majority of the workers in the appropriate unit. TheBoard dismissed 72 petitions without conducting an election becauseit was decided that no question of representation existed.The Board, on the other hand, May direct that an election beheld to determine whether or not the union represented a majorityof the workers in the appropriate unit. As a result of such electionsthe Board issued certifications in 252 cases and dismissed the petitionsin 72 cases where no union received a majority.192197-40-----4
44 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDTable XIV sets forth the disposition of the representation casesand table Xv shows the disposition of such cases by regions.TABLE M.-Disposition of all representation cases on docket during the fiscalyear ending June 30, 1939Percentage of-Percentage of-Number Total TotalNumber of work- number numberof cases Total Total ers in- of work- of workcasescases on volved ers in- ers incloseddocket volved incasesclosedvolved incases ondocket_Cases pending June 30, 1938 1, 264 35. 8 598, 988 55. 3Cases received July 1, 1938 to July 1, 1939- 2,286 64.4 482, 182 44.7Total cases on docket 3, 550 100. 0 1, 079, 170 100.0-Cases closed before formal action:By settlement:(a) Consent election 454 15.4 12. 8 79, 330 13.0 7.3(5) Recognition of representatives_ 257 11. 0 7. 2 34, 264 5.8 3. 2(c) Pay-roll check 241 10. 3 6. 8 23, 856 4. 1 2. 2By dismissaL 264 11.3 7.5 81,002 13.9 7. 5By withdrawal 480 20.5 13.5 170,960 29.2 15. 8Otherwise 5 . 2 . 1 8, 209 1. 4 . 8Total cases closed before formalaction 1, 701 72. 7 47. 9 397, 651 67.9 38. 8•Cases closed after formal action:By settlement before hearing:(a) Consent election . - 6 . 3 . 2 1, 708 . 3 . 2(b) Recognition of representatives_ 8 .3 .2 1,324 .2 .1(c) Pay-roll check 1 (0 (0 1, 300 . 2 . 1By settlement after hearing(a) Consent election 18 . 8 . 5 6, 272 1. 1 . 8(5) Recognition of representatives_ 2 . 1 . 1 3, 515 . 6 . 3(c) Pay-roll check 10 .4 . 3 170 .3 (I)By dismissal before hearing 5 .2 .1 558 .1 . 1By dismissal after hearing 14 .6 .4 2, 153 .4 .2By withdrawal before hearing 25 1.1 .7 4,298 .7 . 4By withdrawal after hearing 41 1. 7 1. 2 13, 601 2. 3 1. 3By certification by Board withoutelectionBy certification by Board after election...112 4. 8 3. 2 44,622 7. 8 4. 1By dismissal of petition by Board10. 8 7. 1 78, 550 13. 4 7. 3without electionBy dismissal of petition by Board72 3. 1 2. 0 18, 355 3. 1 1. 7after election 1 72 3. 1 2.0 10, 776 1.8 1.0Total cases closed after formalaction 638 27.3 18. 0 187, 202 32. 1 17. 4Total eases closed July 1, 1938 toJuly 1, 1939 2,339 100.0584, 853-109.0Cases pending June 30, 1939_ 1, 211 34. 1 494, 317 45. 81 Less than 0.05 percent.
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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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