NATIONAL LAB RELATIONS BOARD - National Labor Relations ...

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I. INTRODUCTION 7percent. There was also a great increase in the number of decisionsin American Federation of Labor cases, and a slight decrease in thenumber of decisions in Congress of Industrial Organizations cases.Statistics on the benefits of settlement of cases and compliance withBoard decisions and orders during the fiscal year show more markeddifferences in some instances in the division between the two organizationsthan these figures showed during the preceding year, and somereversals of the results during the preceding year. Thus, while duringthe preceding year settlements and compliance resulted in unionrecognition in practically the same number of cases for each organization,this year the American Federation of Labor received suchrecognition in 522 cases compared to 309 for the Congress of InOrganizations; the former organization also secured writtenand oral agreements in many more such cases than the latter, as wasthe situation during the preceding year. Again, during the fiscalyear, more compliance notices were posted in American Federationof Labor cases; but more cases involving disestablishment of employer-dominatedlabor organizations were informally adjusted inCongress of Industrial Organizations cases, as was the situation duringthe preceding year. However, in contrast to the figure duringthe preceding fiscal year, settlement of and compliance in AmericanFederation of Labor cases resulted in more employees reinstatedthan in the cases of the Congress of Industrial Organizations, butthe settlements resulted in more workers receiving back pay and moreback pay in the latter's cases, as was the situation during the precedingyear. Also, such settlements resulted in nearly twice asmany workers reinstated after strikes in Congress of Industrial Organizationscases than in American Federation of Labor cases.During the fiscal year, the Board decided 198 cases in which bothAmerican Federation of Labor and Congress of Industrial Organizationsparticipated and in which the question of appropriate unit wasinvolved. In 72 of these cases the American Federation of Labor andthe Congress of Industrial Organizations agreed completely upon theappropriate unit. In 40 cases both organizations agreed upon thegeneral outlines of the unit and disagreed only concerning the inclusionor exclusion of minor groups or isolated individuals. In anadditional 15 cases, they agreed completely or substantially that eachwas to have jurisdiction over a particular group of employees. The71 remaining cases, in which there was important disagreement betweenthe American Federation of Labor and the Congress of IndustrialOrganizations upon the appropriate unit, were decided asfollows:American Federation of Labor contention upheld 50Congress of Industrial Organizations contention upheld 19No decision necessary 2In 49 of these 71 cases the main controversy centered aroundwhether the appropriate unit should be a craft unit or an industrialone; in 22 this issue was not involved.21 Out of the 19 cases in whichn The issue in these 22 cases concerned mainly whether the unit should be confined to 1plant or 1 employer or whether it should extend to many plants or many employers. Inthe 20 cases where this issue was decided, the American Federation of Labor was sustainedIn 14 cases, and the Congress of Industrial Organizations in 6 cases.
8 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDthe contention of the Congress of Industrial Organizations was fullyupheld, 13 involved this issue.22It is interesting to note that during the fiscal year the AmericanFederation of Labor requested some form of industrial unit inapproximately 230 cases, and a craft form in approximately 109cases." In 92 of these 109 cases, the Board granted the claim of theAmerican Federation of Labor in full, either by setting up the craftemployees directly as a separate unit or by permitting the craft employeesto make their own choice. In only 17 instances did theBoard reject a claim for craft units.24The Board has had no alternative but to decide these and otherissues caused by the conflict between the two organizations whenpresented before it, as required by the Act. The conflict has, as inpreceding years, created problems which have occupied much of theBoard's energies and time. With a united labor movement, theseproblems might be removed.E. INVESTIGATION BY SPECIAL HOUSE COMMITTEEFor the last 9 months of the fiscal year ending July 1, 1940, the operationsof the Board were investigated by a Special Committee of theHouse of Representatives, appointed pursuant to H. R. 258. Duringthis entire period, the time of a considerable number of the Board'spersonnel and substantial amounts of its appropriation were devoted tothe necessary work in connection with the investigation.F. CERTIFICATION OF REPRESENTATIVES AS BONA FIDE UNDER THEFAIR LABOR STANDARDS ACT OF 1938During the fiscal year, the Board certified a number of labor organizationsas bona fide under the provisions of section 7 (b) of the FairLabor Standards Act of 1938. 25 During the year, the Board issued115 such certifications. Eight requests for certification were deniedand 6 were pending on June 30, 1940. One hundred and two AmericanFederation of Labor unions were so certified, 12 Congress of IndustrialOrganizations unions, and 1 unaffiliated union. The Board hascertified labor organizations as bona fide where the labor organizationhas previously been certified by the Board under section 9 of the NationalLabor Relations Act, or where the labor organization is anaffiliate of an international or parent organization which has previouslybeen certified by the Board under section 9, or where anotherlocal of the same international or parent organization has previouslybeen certified under section 9.The following chapters review in detail the work of the Boardduring the fiscal year."2 See ch. V, post, for discussion and citation of the Board decisions.28 These figures are not altogether exact since it is sometimes very difficult to knowwhether a particular group requested as an appropriate unit should properly be considereda "craft" or an "industrial" group.2' See ch. VII, post, for a detailed discussion and citation of the Board decisions."52 Stat. 1060; 29 U. S. C. 291-219.
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Page 6 and 7: CONTENTSPageI. Introduction 1A. Wor
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V. PRINCIPLES ESTABLISHED 739. Prec
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VI. JURISDICTIONThe decisions of th
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IX. DIVISION OF ECONOMIC RESEARCH 1
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XII. FISCAL STATEMENTThe expenditur
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