J. - National Labor Relations Board

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VI. REPRESENTATION CASES 47'unions. In the last group are included petitions filed by individualswhich are, for statistical purposes, included in the unaffiliated unions'figures since it may be assumed that many, if not all, of these petitionsactually represented informal employee committees which are, in effect,-unaffiliated labor organizations.The Board, during the year, closed 65.9 percent of the A. F. of L.:and 68.0 percent of the C. I. 0. representation cases on the docket.Comparing the methods by which the A. F. of L. and the C. I. 0.petitions were disposed of, it is found that 47.9 percent of theA. F. of L. petitions and 40.0 percent of the C. I. 0. petitions weredisposed of by settlement without recourse to formal action.The Board issued orders dismissing the petitions in 16.2 percentof the A. F. of L. cases and permitted A. F. of L. unions to withdrawtheir petitions in 17.8 percent of the cases. It dismissed 2.8percent of the C. I. 0. petitions and permitted C. I. 0. unions towithdraw petitions in 21.3 percent of the cases.The Board issued certifications in 79 A. F. of L. representationcases, or 8.5 percent of all the A. F. of L. cases closed. In 44 ofof these *cases the certifications were granted on the-basis of evidenceintroduced at ' the hearings ; in 35 cases they were based on electionsconducted by the Board.. The Board issued certifications in 245C. I. 0. representation cases or 22.7 percent of all C. I. 0. cases.This figure includes 65 certifica tions without elections and 180 certificationsafter elections. 2 The Board dismissed 47 A. F. of L.petitions, or 5.1 percent of all petitions filed by A. F. of L. unionsand 80 C. I. 0. petitions, or 7.4 percent of all petitions filed by-C. I. 0. unions.Hearings were conducted on 114 petitions filed by A. F. of L.unions and on 374 petitions filed by C. I. 0. unions. These figuresrepresent 8.8 and 27.8 percent, respectively, of the representationcases on docket of each of these labor organizations excluding thoseeases which were pending on June 30, 1938, and in which hearings hadalready been conducted.Decisions were issued by the Board in 158 A. F. of L. representationcases, and in 376 C. I. 0. cases, or in 11.6 and 24.6 percent, respectively,of the A. F. of L. and C. I. 0. representation cases awaitingdecision on July 1, 1938, or filed during the subsequent 12-monthperiod:Tables XVII through XIX show the disposition of representationcases on the docket during the fiscal year 1938-39, filed byA. F. of L. unions, C. I. 0. unions, and unaffiliated unions, respectively.2 In a large number of cases where the petitions were filed by C. I. 0. unions, theA. F. of L. affiliates were certified,
48 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD,TABLE] XVII.-Disposition of representation eases of A. F. L. unions on docketduring the fiscal year ending June 30, 1939Percentage of-Percentage of-Numberof cases Total• casesclosedTotalaondocketNumber Total. Totalof number numberworkers ofofinvolvedworkers workersinvolved involvedin cases In casesclosedondocketCases pending June 30, 1938 307 21. 8 72, 815 32. 2Cases received July 1, 1938, to July 1, 1939_ 1,099 38.2 153, 102 67.8.Total cases on docket 1,408 100. 0 225, 917 100. 0Cases closed before formal action:By settlement:) Consent election209 22. 6 14. 9 30, 032 21. 3 13. 58) Recognition bf representatives_ 120 12.9 8.5 15,305 10.9 6.8rc) Pay-roll check115 12. 4 8. 2 11, 379 8. 1 5. 0By dismissal 150 16. 2 10. 7 30, 812 21. 8 13. 6By withdrawal 165 17. 8 11. 7 17, 330 12. 3 7. 7Otherwise 2 .2 .1 609 .4 . 3Total cases closed before formalaction 761 82. 1 54. 1 105, 520 74. 8 ' 46. 7Cases closed after formal action:.By settlement before hearing:(a) Consent election 1 . 1 . 1 28 (0 (I)(8) Recognition of representatives_4 .4 .3 851 .8 . 4-(c) Pay-roll checkBy settlement after hearing(a) Consent eleilion 7 . 8 . 5 965 . 7 . 4'(8) Recognition of representatives(c) Pay-roll check 1 . 1 . 1 25 (I) (0By dismissal before hearing 4 .4 . 3 393 . 3 . 2By dismissal after hearing 3 . 3 . 2 354 . 3 . 2. By withdrawal before hearing 10 1.1 .7 2,238 1.6 1.0'By withdrawal after hearing 10 1. 1 . 7 642 . 4 . 3By certification by Board withoutelection 44 4. 7 3. 1 7, 277 5. 1 3. 2'By certification by Board after election35 3. 8 2. 5 11, 416 8. 1 5. 1By dismissal of petition by Boardwithout election 33 3. 6 2. 3 7,922 5. 6 3. 5-By dismissal of petition by Boardafter election 14 1. 5 1. 0 3,469 2. 5 1. 5Total cases closed after formalaction 166 17.9 11. 8 35, 600 25. 2 15. 8Total cases closed July 1, 1938, toJuly 1,1939 927 100. 0 141, 120 120.0Cases pending June 30, 1939 479 34. 1 84, 797 37. 51 Less than 0.05 percent.
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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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