J. - National Labor Relations Board

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VI. REPRESENTATION CASES 55(2) On an annual basis in pursuance of an agreement with his employeesmade as a result of collective bargaining by representatives of employeescertified as bona fide by the National Labor Relations Board, which providesthat the employee shall not be employed more than two thousand hours duringany period of fifty-two consecutive weeks.The Board has, during the fiscal year 1938-39, certified labororganizations in those instances (1) where the labor organizationhad previously been certified by the Board pursuant to section 9 ofthe National Labor Relations Act; (2) where the labor organizationis an affiliate of an international or parent organization which hasbeen certified by the Board under section 9 of the National LaborRelations Act; (3) where another local of the same international orparent organization to which the applicant is affiliated has beencertified by the Board.Up to June 30, 1939, the Board had received a total of 124 suchrequests, of which 113 resulted in certification. Five requests hadbeen denied, and six were still pending on June 30, 1939.• Of the 124 requests for certification as bona fide, 102 were received'from A. F. of L. unions ; 99 of these requests resulted in certifications.The remaining three were pending on June 30, 1939.C. I. 0. affiliates filed a total of 13 requests, 12 of which resulted incertifications and one of which was pending. Nine requests forcertification as bona fide were made by unaffiliated unions. Twounaffiliated unions were certified, five were denied certification, andtwo requests awaited final disposition on June 30, 1939.
VII. PRINCIPLES ESTABLISHEDIn our previous annual reports we have outlined the important:principles enunciated by the Board during the first 3 years of ourexistence.1 No attempt will be made in this chapter to repeat thatmaterial. While referring on occasion to decisions discussed in ourprevious annual reports, we shall devote this chapter to the discussionof new principles which have been enunciated by the Board in itsdecisionsissued from July 1, 1938, through June 30, 1939, 2 and theelaboration and extension during this period of the principles alreadylaid down by the Board.For convenience the chapter has been divided into nine sections :A. Interference, restraint, and coercion in the exercise of the rightsguaranteed in section 7 of the act : This section deals with cases arisingunder section 8 (1) of the act.B. Encouragement or discouragement of membership in a labororganization by discrimination : This section deals with cases arisingunder section 8 (3) of the act.C. Collective bargaining : This section deals with cases arising undersection 8 (5) of the act.D. Domination and interference with the formation or administrationof a labor organization and contribution of financial or othersupport to it : This section deals with cases arising under section8 (2) of the act.E. Investigation and certification of representatives : This sectiondeals with proceedings arising under section 9 (c) of the act. Suchproceedings normally include the taking of secret ballots to determine.representatives for the purpose of collective bargaining.F. Adequate proof of majority representation where no election isheld : This section deals with proof of majority under section 8 (5)and section 9 (c) where no. election is held.G. The unit appropriate for the purposes of collective bargaining :This section is devoted to a discussion of the principles developed bythe Board pursuant to its power under section 9 (b) of the act todetermine the appropriate unit for collective bargaining. The questionof the appropriate unit is an issue in cases arising both undersection 8 (5) and section 9 (c) of the act.H. Remedies : This section deals with the remedies which the Boardhas applied, pursuant to section 10 (c) of the act, in cases in which ithas found that employers have engaged in unfair labor practices.I. Miscellaneous : This section deals with several problems involvingpleading, practice, and procedure before the Board.The First Annual Report deals with all decisions issued up to June 30, 1936, reportedin 1 N. L. R. B.; the Second Annual Report deals with all decisions issued up to June 30,1937, reported in 1 and 2 N. L. R. B., the Third Annual Report deals with all decisionsissued from July 1, 1937, to June 30, 1938, and reported in 3 to 7 N. L. R. B., inclusive.a The decisions issued by the Board during this period are reported in 8 through 12'N. L. It. B. and the first half of 13 N. L. It, B.56
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LETTER OF TRANSMITTALNATIONAL LABOR
Page 13 and 14: 6 FOURTH ANNUAL REPORT OF NATIONAL
Page 15 and 16: FOURTH ANNUAL REPORT OF NATIONAL LA
Page 17 and 18: 10 FOITRTH ANNUAL REPORT OF NATIONA
Page 25 and 26: IV. WORK OF THE BOARDUnder the act
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Page 34 and 35: IV. WORK OF THE BOARD 27If all case
Page 36 and 37: V. UNFAIR LABOR PRACTICE CASES 29of
Page 38 and 39: TABLE VI.—Analyses of charges rec
Page 40 and 41: V. UNFAIR LABOR PRACTICE CASES 33Th
Page 42 and 43: TABLE VIII.—Disposition of unfair
Page 44 and 45: V. UNFAIR LABOR PRAWICE CASES 37TAB
Page 46 and 47: General Tax Tips #46TO BE PRINTED B
Page 48 and 49: V. UNFAIR LABOR PRACTICE CASES 41TA
Page 50 and 51: VI. REPRESENTATION CASES 43tion. In
Page 52 and 53: TABLE XV.—bisposition of represen
Page 54 and 55: VI. REPRESENTATION CASES 47'unions.
Page 56 and 57: VI. REPRESENTATION CASES 49TABLE XV
Page 58 and 59: VI. REPRESENTATION CASES 51C. ELECT
Page 60 and 61: TABLE XX.-Elections conducted by th
Page 64 and 65: VII. PRINCIPLES ESTABLISHED 57A. IN
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Page 76 and 77: VII. PRINCIPLES ESTABLISHED 69D. DO
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Page 80 and 81: WI. PRINCIPLES ESTABLISHED 73that,
Page 82 and 83: VII. PRINCIPLES ESTABLISHED 75.tion
Page 84 and 85: VII. PRINCIPLES ESTABLISHED 77Annua
Page 86 and 87: VII. PRINCIPLES ESTABLISHED 79to th
Page 88 and 89: VII. PRINCIPLES ESTABLISHED 81conte
Page 90 and 91: VII. PRINCIPLES ESTABLISHED 83or ot
Page 92 and 93: VIL PRINWYLES ESTABLISHED 85the wis
Page 94 and 95: VII. PRINCIPLES ESTABLISHED 87to de
Page 96 and 97: VII. PRINCIPLES ESTABLISHED 89has b
Page 98 and 99: VII. PRINCIPLES ESTABLISHED 91of on
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Page 102 and 103: VII. PRINCIPLES ESTABLISHED 95of pr
Page 104 and 105: VII. PRINCIPLES ESTABLISTTF.D 97-th
Page 106 and 107: VII. PRINCIPLES ESTABLISHED 99The B
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Page 110 and 111: 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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