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IX. DIVISION OF ECONOMIO RESEAROH 127the printed hearings of the La Follette Committee the Divisionsecured information on the espionage activities of particular personsinvolved in the charge and additional material on antiunionpractices of the company. Finally, the Division contrasted the functioningof the dominated union with the functioning of bona fideunions, e. g., the bar against strikes and the limitations upon duesin the union's constitution and the autonomy of its chapters in negotiationprocedures.RECORD ANALYSES FOR CHARGES OF DISCRIMINATION—SECTION 8 (3)Analyses of employer records became a major function of theDivision during the past year. For cases of alleged discrimination,these analyses involve a detailed study of the treatment of individualemployees during given periods of lay-off and rehiring. Thus theBoard secures a picture of the exact manner in which discharges weremade. This kind of analysis makes it possible to determine partlyupon the basis of objective evidence whether discharges were madein accordance with a nondiscriminatory principle during the ordinarycourse of business. The analyses are conducted by agreement withthe company and with the company's cooperation in most cases.A typical illustration is the Hat Corporation of America case,"in which more than a hundred workers were initially involved in adiscriminaton charge. Contradicting the union, the company statedthat lay-offs were attributable to lack of work and that they had beenmade in accordance with a seniority principle taking account of efficiency,number of dependents, and place of residence. In order toweigh the conflicting statements affecting more than a hundredworkers, the Board needed factual information on the precise mannerin which the lay-offs had been made, information that could beprocured only through a detailed analysis of employer records.The Division's first step was a preliminary comparison of employmenttrends in the given company and in the industry as a whole, toascertain whether or not the company's employment experience departedsignificantly from that of the industry. The second step inthe analysis was a detailed comparison of the seniority records ofdischarged persons and those of persons retained in employment.Other comparisons were made with respect to the application of theefficiency, dependent, and residence factors. Following the analysis,the Division prepared a report which was made available to all partiesin the case. The information secured from the employment recordswas subsequently reworked by the Division and presented in tabularform for use at the hearing.In the Hanover Heel and Inner8ole Company case 12 discharges wereattributed by the company to poor business conditions, and it wasstated that the lay-offs had been made in accordance with seniority,efficiency, and the need for a particular operation. The Divisionstudied the company's employment policy in earlier years to ascertainwhether or not it had been the policy to share work among employeesduring periods of low business activity. Individual worker recordswere also studied by the Division to ascertain in what precise manner11 Case No. 2—C-1998.Case No. 4—C-787.
128 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDdischarges had occurred. The analysis indicated that a number ofcomplainants had been discharged or laid off at the same time thatcomparable employees of lower efficiency were retained on the payroll. The results of the analysis were utilized in the issuance of acomplaint. The case was settled informally during the course ofhearing.RECORD ANALYSES FOR REINSTATEMENT AND COMPUTATION OFBACK PAY—SECTION 10 (c)When the Board was confronted in the Stackpole Carbon case 13with the necessity of reinstating an unknown number of workers andsecuring an unknown amount of back pay, record-analysis techniqueswere adopted as the only means of securing enforcement. The circuitcourt had upheld the Board's decision awarding reinstatementand back pay to employees who had gone out on strike in 1937 andwho made proper application in accordance with the Board order.The Supreme Court refused to grant certiorari. The Division enteredthe case to aid the Regional Director who was responsible for securingenforcement.The problem was complicated by fluctuations in the company's employmentduring the period between the strike and the court decision.At the time of the strike in 1937, 800 workers were employed. Whenthe Supreme Court refused to grant certiorari, the number of employeeswas only 550, and it had been as low as 350 during theprevious year. Only 3 of the 134 workers who had gone out on strikehad been reemployed by the company.The Division was directed to find out how many of these 134workers were entitled to employment during each pay-roll period betweenthe time of their applications for reinstatement and their actualreinstatement dates. The record analysis utilized a seniority principleas a basis for reinstatement. The union and the companyagreed to the use of an adjusted departmental seniority system andto specific seniority dates for individual employees, fixed prior to thecomputation.The basic operation in determining eligibility to reinstatement wasa seniority array of all employees within their respective units foreach pay-roll period. Thus, persons who had gone out on strike and• were not subsequently employed by the company were restored tothe positions they would have occupied if a seniority system of layoffand rehiring had been used. Ninety-eight workers were entitledto reinstatement and were ordered reinstated in March 1940. ByJuly the company had offered reinstatement to the entire number.Increased business activity made it possible to effect the reinstatementwithout laying off any other employees.In addition to the reinstatement report, the Division computedback pay by ascertaining the number of hours that each person wouldhave worked during the various pay-roll periods, (upon the assumptionthat work would have been distributed in accordance with a seniorityprinciple,) and then multiplying the number of hours by appropriaterates. The Division's computation was used as the basis for a compliancestipulation agreed upon by both parties.,3 Case No. C-232. 106 S. (2d) 167; cert. denied 308 U. S. 605.
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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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V. PRINCIPLES ESTABLISHED 739. Prec
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V. PRINCIPLES ESTABLISHED 75work, s
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Page 89 and 90: VI. JURISDICTIONThe decisions of th
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