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VIII. THE TRIAL EXAMINERS DIVISIONThe Trial Examiners Division, under the direct supervision of theChief Trial Examiner, conducts hearings in the field for the purposeof taking evidence. Members of the Trial Examiners Division areassigned to preside over hearings on formal complaints, allegingthe commission of unfair labor practices, and on petitions for certificationof representatives. After the evidence has been presented inthe former type of case the trial examiners prepare findings of factand recommendations that are submitted to the Board. In casesinvolving certification of representatives they prepare memorandumreports for the Chief Trial Examiner 1Budget reductions occurring during the year made a reduction inpersonnel of the Trial Examiners Division necessary. Ten of thethirty-five trial examiners were separated from the Division. Thisreduction in personnel made it impossible for staff trial examinersto continue to hear all of the scheduled hearings in representationcases. It was, therefore, determined by the Board to use employeesattached to the regional staffs as trial examiners, in those representationcases which, because of the issues involved, did not require theservices of a staff trial examiner. Such designations of persons attachedto the field staff, as trial examiners, have been made in a numberof cases. The practice so inaugurated has been successful. Employeesattached to the field staffs of the various regional offices haveheard approximately 90 percent of all of the representation casessince June 1, 1940.The reduction in the budget made necessary another change inprocedure. The Fourth Annual Report (p. 150) outlines the practicethen obtaining of reviewing Intermediate Reports. Up to June 1,1940, this work had been done by trial examiners. When the staffof the Trial Examiners Division was reduced it was no longer possibleto assign trial examiners for this type of work. However, it wasclearly necessary that further assistance be afforded the Chief TrialExaminer in the work of analyzing the Intermediate Reports and therecords of hearings. The work done by the review trial examinershad clearly indicated the desirability of the continuance of this function.Accordingly, five associate attorneys were assigned to assist theChief Trial Examiner in that work.During the year much progress was made in shortening the timebetween the closing of the hearing and the issuance of the intermediatereport. Further progress in that regard is to be expected.The Chief Trial Examiner is aided by two Assistant Chief Trial Examiners. Thecurrent report omits discussion of the matter of procedure and training of employees, asthe procedure followed in hearings and also the discussions of the training program foremployees in the Division were treated fully in the Fourth Annual Report.123275987-41-9
IX. DIVISION OF ECONOMIC RESEARCH 1A. VOLUME AND CHARACTER OF WORK•During the fiscal year substantial assignments were done by theDivision on more than 200 cases ; this number omits minor servicesfor a number of additional cases. Publications of the Division werealso drawn upon, e. g., use of the bulletin on written trade agreements2 in drafting the Board's Brief for the Art Metal ConstructionCompany case 3 and use of the bulletin on coal mining 4 in the Board'sBrief for the Crowe Coal Company case.The Court stated in its decision in the latter case :The propriety of introducing in evidence economic data of the character ofBoard's exhibit 11 [Bulletin No. 2, "The Effect of Labor Relations in theBituminous Coal Industry upon Interstate Commerce"], obtained from governmentalor other authoritative sources, is well settled. See, for example,Virginian Railway Company v. System Federation No. 40, 300 U. S. 515, footnotes4 and 5, pp. 545, 546, in which the Supreme Court referred to the bulletinentitled "Governmental Protection of Labor's Right to Organize," which isBulletin No. 1 in a series prepared by the Board's Division of EconomicResearch. The exhibit now under consideration is Bulletin No. 2 of the sameseries. And see National Labor Relations Board v. Jones & Laughlin SteelCorp., 301 U. S. 1, footnote 8, p. 43; National Labor Relations Board v.Pennsylvania Greyhound Lines, 303 U. S. 261, footnote 2, p. 267. (N. L. R. B. V.Crowe Coat Company, 104 F. (2d) 633 (C. C. A. 8) enforcing 9 N. L. R. B.1149 (C-564) 60 S. Ct. 107, cert. denied.)In the course of its decision upholding the ruling of the Board,the Court made direct use of factual material contained in theBulletin :It is argued in respondent's brief that it has "no knowledge * * * ofthe use to which this coal will be put or the place to which it will be transported,"but no such want of knowledge was stipulated or found by the Board.It is stated in the Bulletin of the economic division in evidence that "typicallythere is no provision for storage of coal at the mine" and that "production iscustomarily not undertaken until orders are received and a supply of carsassured."'The work of the Division was done at different stages of Boardactivity in accordance with the needs of specific cases. Provisionof commerce data and analyses of employment records for cases ofalleged discrimination usually occurred during the investigation ofa charge or in connection with a hearing. Characteristically, workdone at the review or briefing stage involved the provision of specificinformation (from sources of which the Courts take judicial notice)1 The Division's name was changed on July 1, 1940, to Technical Service Division.Subsequently, on October 11, following passage of a bill in Congress abolishing theDivision, the Board eliminated the Division from its organization2 National Labor Relations Board, Division of Economic Research, Bulletin No. 4,Written Trade Agreements in Collective Bargaining, 1940.a Case No. C-1126.4 National Labor Relations Board, Division of Economic Research Bulletin No. 2, TheDirect of Labor Relations in the Biturninou.s Coal Industry upon Interstate Commerce,1939.5 National Labor Relations Board v. Crowe Coal Company, 104 F. (2d) 633 (C. C. A. 8),enforcing 9 N. L. R. B. 1149 (C-564) 60 S. Ct. 107, cert. denied.124
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NATIONAL LABOR RELATIONS BOARDWILLI
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CONTENTSPageI. Introduction 1A. Wor
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FIFTH ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTIONThe number of worker
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I. INTRODUCTION 5finding powers. In
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I. INTRODUCTION 7percent. There was
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II. THE NATIONAL LABOR RELATIONS BO
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III. PROCEDURE OF THE BOARDPrevious
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IV. STATISTICAL RECORD OF BOARD ACT
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IV. STATISTICAL RECORD OF BOA:RD AL
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IV. STATISTICAL RECORD OF BOARD Ac,
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TABLE I V.-Disposition of unfair la
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Region.TABLE VIII.—Disposition of
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TABLE X.-Character and results of r
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V. PRINCIPLES ESTABLISHEDIn previou
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V. PRINCIPLES ESTABLIS.LLED 33coupl
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V. PRINCiPLES ESTABLISHED 37tion. T
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V. PRINCIPLES ESTABLISHED 39in the
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V. PRINCIPLES ESTABLISHED 41conditi
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V. PRINCIPLES ESTABLISHED 43majorit
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V. PRINCIPLES ESTABLISHED 45"highly
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V. PRIN ICAPLES ESTABLISHED 47As we
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V. PRINCIPLES ESTABLISHED 49resenta
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V. PRINCIPT.RS ESTABLISHED 51organi
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V. PRINCIPLES ESTABLISHED 53the Tri
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V. PRINCIPLES ESTABLISHED 55Baking
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V. PRINCIPLES ESTABLISHED 57seek to
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V. PRINCLL'LES ESTABLISITED 59ineli
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V. PRINCIPLES ESTABLISHED 61regardi
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V. PRINCIPLES ESTABLISHED 63bargain
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V. PRINCIPLES ESTABLISHED 65As note
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V. PRINCIPLES ESTABLISHED 67ent rep
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V. PRINUPLES ESTABLISHED 69appropri
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V. PRINCIPLES ESTABLISHED 71also be
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Page 89 and 90: VI. JURISDICTIONThe decisions of th
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