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Unfair Labor Practices by Employers HID 6WPT 0A g tY@ND TgANTX 0 cd dA aDPV-§ AM UM, ..'2gP.CM I 5 T 1' Pal SIM@ PEIg@ 1 WE gGOTRP OWN @CD LIBRARY RATIONAL LABOR RELATIONS BOARD FOURTEENTH ANNUAL REPORT OF THE NATIONAL LABOR RELATIONS BOARD FOR THE FISCAL YEAR ENDED JUNE 30 1949 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON, D. C. • 1950 , For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Price 60 cents 6 3 4frio NATIONAL LABOR RELATIONS BOARD PAUL M. HERZOG, Chairman JOHN M. HOUSTON JAMES J. REYNOLDS, JR. ABE MURDOCK J. COPELAND GRAY FRANK M. KLEILER, Executive Secretary IDA KLAUS, Solicitor WILLIAM R. RINGER, Chief Trial Examiner Lotus G. SILVERBERG, Director of Information Office of the General Counsel ROBERT N. DENHAM, General Counsel GEORGE J. BOTT, Associate General Counsel DAVID P. FINDLING, Associate General Counsel JOSEPH C. WELLS, Associate General Counsel CARROLL K. SHAW, Director, Division of Administration III - LETTER OF TRANSMITTAL NATIONAL LABOR RELATIONS BOARD, Washington, D. C., January 2, 1950. SIR: As provided in section 3 (c) of the Labor Management Rela- tions Act, 1947, I submit herewith the Fourteenth Annual Report of the National Labor Relations Board for the year ended June 30, 1949, and, under separate cover, lists containing the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Board. PAUL M. HERZOG, Chairman. THE PRESIDENT OF THE UNITED STATES, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, Washington, D. C. V ., TABLE OF CONTENTS Page CHAPTER I. L. M. R. A.: Second Year 1 II. Representation Cases 12 III. Unfair Labor Practice Cases 48 IV. Enforcement Litigation 110 V. Injunction Litigation 134 VI. Miscellaneous Litigation 148 VII. Fiscal Statement 155 APPENDIX A. Statistical Tables Covering the Fiscal Year 1949 156 B. Definition of Types of Cases 189 C. List of Cases Heard During the Fiscal Year 1949 190 D. List of Cases in Which the Board Rendered Decisions During the Fiscal Year 1949 216 E. Text of the Labor Management Relations Act, 1947 257 F. Regional Offices of the Board, Location, and Directing Personnel_ _ 287 LIST OF TABLES Tables Appearing in Chapters IV and V TABLE 1. Results of Litigation for Enforcement or Review of Board Orders_ 119 2 Summary of Injunction Litigation 134 Tables Appearing in Appendix A 1. Number of Cases Received, Closed, and Pending, by Identification of Complainant or Petitioner 156 1A. Number of Unfair Labor Practice Cases Received, Closed, and Pending, by Identification of Complainant 157 1B. Number of Representation Cases Received, Closed, and Pending, by Identification of Petitioner 158 2. Monthly Distribution of Cases Received 159 3. Types of Unfair Labor Practices Alleged in Charges Filed 159 A. Charges Filed Against an Employer under Section 8 (a)_ _ 159 B. Charges Filed Against a Union Under Section 8 (b) 160 C. Charges Filed Against a Union Under Section 8 (b) (4)_ 160 4. Geographic Distribution of Unfair Labor Practice and Representa- tion Cases, by Type of Case, Received 160 5. Industrial Distribution of Unfair Labor Practice and Representa- tion Cases Received 162 6. Regional Distribution of Cases Received 163 7. Disposition of Unfair Labor Practice Cases Closed, by Stage and Method 164 8. Disposition of Representation Cases Closed, by Stage and Method_ 165 VII viii Table of Contents TABLE Page 9. Disposition of Union-Shop Authorization Cases Closed, by Stage and Method 166 W. Remedial Action Taken in Unfair Labor Practice Cases by Identi- fication of Complainant 166 A. Cases Filed Under Section 8 of NLRA 166 B. Cases Filed Under Section 8 (a) of L. M. R. A 166 11. Remedial Action Taken in Cases Involving Section 8 (b) 167 12. Formal Action Taken 168 13. Types of Elections Conducted 169 14. Number of Collective Bargaining Elections and Number of Votes Cast for Participating Unions 170 15. Number of Decertification Elections and Number of Votes Cast for Participating Unions 171 16. Number of Union Authorization Elections and Number of Votes Cast for Participating Unions 172 17. Industrial Distribution of Collective Bargaining Elections, Winner, Eligible Voters, and Valid Votes Cast 173 18. Industrial Distribution of Decertification Elections, Winner, Eligi- ble Voters, and Valid Votes Cast 175 19. Industrial Distribution of Union-Shop Authorization Elections, Outcome, Eligible Voters, and Valid Votes Cast 177 20. Geographic Distribution of Collective Bargaining Elections, Eligi- ble Voters, and Number of Votes Cast for Participating Unions_ 179 21. Geographic Distribution of Decertification Elections, Eligible Voters, and Number of Votes Cast for Participating Unions_ _ _ 181 22. Geographic Distribution of Union-Shop Authorization Elections, Outcome, Eligible Voters, and Valid Votes Cast 183 23. Size of Establishment in Union-Shop Authorization Elections Conducted 185 24. Record of Actions on Injunctions Petitioned for Under Section 10 (j) and 10 (1) During the Fiscal Year 1948 186 24A. Record of Injunctions Petitioned for Under Section 10 (j) and 10 (1) During the Fiscal Year 1949 187 LIST OF CHARTS Facing CHART page 1. Comparison of Cases Filed in Fiscal 1948 and 1949, by Type of Case_ 2 2 Total Number of Charges, Representation, and Union-Security Authorization Cases Filed, Closed, and Pending July 1, 19487. June 30, 1949 3 3. Total Number of Cases Received and Disposed of by the Board Members 4 4. Total Number of Unfair Practice and Representation Cases Filed, Closed, and Pending 5 5. Collective Bargaining Elections Held During the Fiscal Year 1949_ 6 6. Unfair Labor Practice Cases Filed Against Employers and Unions- 7 7. Union-Security Authorization Elections 8 I L. M. R. A.: Second Year THE Labor Management Relations Act, 1947, had been in effect 22 months when the National Labor Relations Board closed the fiscal year ending June 30, 1949. However, due to the reorganization of the agency made necessary by the new law, and because of the time re- quired by labor organizations to comply with the filing requirements of the statute, no significant amount of actual case activity took place during the early months of the first fiscal year. Thus, while fiscal 1949 was the second year in which the Board had been engaged in adminis- tering the amended act, it was the first full fiscal year of operation under the new law. This first full fiscal year proved to be the busiest in the 14-year history of the agency. While there were fluctuations in certain phases of the Board's activities, the agency processed the greatest number of cases in its history. During the fiscal year ended June 30, 1949, the agency closed a total of 32,796 cases of all types. This compares with 14,456 cases of all types closed in fiscal 1947, the Board's last and busiest year under the National Labor Relations Act before amend- ment. Of the cases closed in 1949, a total of 4,664 were unfair prac- tice cases, 9,245 were representation cases and 18,887 were union-shop authorization cases. • The agency succeeded during the 1949 fiscal year in reducing its backlog of cases awaiting action by more than half. It ended the 1949 fiscal year with 5,722 cases of all types on its docket, a reduction of approximately 55 percent from the 12,644 cases on docket July 1, 1948, most of which were union-shop authorization cases. The five-member Board, the decision-making body of the agency, 1 issued formal decisions in a total of 3,365 cases during the 1949 fiscal year. This was an increase of 64 percent over the 2,054 cases de- cided the previous fiscal year. Of these, 484 were unfair labor prac- tice cases; 2,498 representation cases; and 383 union-shop cases. The Office of the General Counsel, which is responsible for the in- vestigation and prosecution of unfair labor practice cases, issued formal I The reorganization of the Board under the Labor Management Relations Act is discussed in the Thir- teenth Annual Report, pages 1 to 11. 1 2 Fourteenth Annual Report of the National Labor Relations Board complaints in 617 such cases. This was more than double the 305 cases in which complaints were issued during fiscal 1948. The Gen- eral Counsels field staff conducted a total of 20,720 elections of all types, in which a total of 2,341,456 employees were eligible to vote. This compares with 21,277 elections, with 2,245,734 eligible to vote, that were conducted during fiscal 1948. The Division of Trial Examiners, which conducts hearings in unfair labor practice cases, held hearings in 414 such cases during the 1949 . fiscal year. This was an increase of 132 percent over the 178 unfair practice cases in which hearings were conducted during the 1948 fiscal year. The trial examiners issued intermediate reports, setting forth their findings and recommendations, in 328 cases during fiscal 1949. This was an increase of approximately 154 percent over the 129 cases in which intermediate reports were issued during the 1948 fiscal year. 1. Changes in the Character of the Boards Case Load The reduction of the agencys backlog of pending cases resulted from two major factors. One was the speeding up and streamlining of Board procedures for the processing of cases, both in the field and with the Board in Washington. The other factor was a sharp decline in the filing of petitions for union-shop authorization polls. Such a poll—to determine whether the employees wish to authorize their union to negotiate a union-shop contract requiring all employees to join the union—is required before a union may legally make such a contract.
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