NATIONAL LAB RELATIONS BOARD - National Labor Relations ...

80 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDsection 2 (2) of the act, merely on the ground that it was companydominatedand therefore acting in the interests of an employer.58In representation proceedings under section 9 (c) of the Act, thenumber of employees designating a union may become relevant 59to such issues as whether there is a question concerning representationor whether a union shall be placed upon the ballot. In orderto expedite the hearing in such cases, the Board has adopted thepractice of having proof on this matter submitted to an authorizedagent of the Board, commonly the regional director, and havingsuch agent's statement introduced into the record in lieu of the uniondocuments."In Matter of Universal Match Corporation and United MatchWorkers' Local Industrial Union #180, affiliated with the Committeefor Industrial Organization,° 1 the Board followed the prevailingjudicial rule with respect to attempts to discredit a witness by evidenceof past criminal activity : -We think it a sound rule of practice to be followed in Board hearings thata witness cannot be discredited by proof of alleged past criminal acts of thewitness for which no conviction has been had. Any other rule would involvethe Board in an exploration of matters entirely collateral to the issues heard,and for which its procedures are unsuited. Moreover, an attempt to provesuch past acts by indictments or arrest, as here offered by the respondent, ishighly improper for "it carries the injustice of subjecting the witness to suspicionwithout giving him an opportunity to clear it away." Wigmore onEvidence, 2d ed., Vol. 11, sec. 982, p. 366.The Board is, of course, not bound by the findings of a Statecourt 82 or of an impartial arbitrator 63 in cases to which the Boardwas not a party, concerning matters in dispute which later camebefore the Board and which by the terms of the act are subject tothe exclusive power of the Board to prevent unfair labor practicesaffecting commerce.84In Matter of Pacific Greyhound Lines and Brotherhood of RailroadTrainmen' the Board considered the effect of its own previouscertification upon a subsequent proceeding in which the employersought to excuse its refusal to bargain with the certified union byattacking the Board's certification. The Board sustained the TrialExaminer's ruling excluding from the record in the complaint proceedingthe entire record in the representation proceeding and stated:While the determinations, findings, conclusions, and certification of the BoardIn a representation proceeding are not res judicata in a subsequent complaintproceeding before the Board under section 10 (b) and (c), we think it boththe intent of the statute and a sound administrative practice that parties ininterest to such representation proceeding cannot try and have heard de novoin the subsequent complaint proceeding questions or matters adjudicated inthe previous proceeding in the absence of cogent showing of possible errorIn such prior proceeding. Although the Board in the exercise of its discretion'58 Section 2 (2) defines "employer" to include any person acting in the interest of anemployer, but excepts labor organizations unless they are acting as employers." See, e. g., supra, pp. 54-55, Fourth Annual Report, pp. 79-81.00 Cf. Matter or Brill° Manufacturing Company and Local No. 12084, etc., 24 N. t., R. B., No.52, which illustrates the approved practice of submitting proof to the Regional Director priorto the hearing.61 23 N. L. R. B., No. 19.Matter of Mason Manufacturing Company and United Furniture workers of America,Local Union No. 576, 15 N. L. It. B. 676.63 Matter of Jacob H. Klotz, and Ruth. Klotz, etc., and Joint Board of Suitcase, Bag (6Portfolio Makers Union, etc., 13 N. L. R. B. 746."Section 10 (a).66 22 N. L. R. B., No. 12, reopened July 27, 1940.