"RIGHTS OF EMPLOYEES

"SEC. 7. Employees shall have the right to self-organization, to for assist labor organizations, to bargain collectively through representatives own choosing, and to engage in concerted activities, for the purpose of bargaining or other mutual aid or protection.

"SEC. 8 It shall be an unfair labor practice for an employer"(1) To interfere with, restrain, or coerce employees in the exercise rights guaranteed in section 7.

"(2) To dominate or interfere with the formation or administration labor organization or contribute financial or other support to it: Pro subject to rules and regulations made and published by the Board pus section 6 (a), an employer shall not be prohibited from permitting exp confer with him during working hours without loss of time or pay.

3) By discrimination in regard to hire or tenure of employment or or condition of employment to encourage or discourage membership in organization: Provided. That nothing in this Act, or in the National Ind Recovery Act (U. 8. C., Supp. VII, title 15, secs. 701-712), as amended fr time, or in any code or agreement approved or prescribed thereunder. her statute of the United States, shall preclude an employer from us... reement with a labor organization (not established, maintained, or y action defined in this Act as an unfair labor practice) to require as a en employment membership therein, if such labor organization is the represe the employees as provided in section 9 (a), in the appropriate collective baria unit covered by such agreement when made. 4) To discharge or otherwise discriminate against an employee because

charges or given testimony under the Act. 5) To refuse to bargain collectively with the representatives of his emp ect to the provisions of section 9 (a)

"REPRESENTATIVES AND ELECTIONS

of o

c. 9. (a) Representatives designated or selected for the purposes argaining by the majority of the employees in a unit appropriate for es, shall be the exclusive representatives of all the employees in suc purposes of collective bargaining in respect to rates of pay, wages, bo ment, or other conditions of employment: Provided, That any indi ee or a group of employees shall have the right at any time to pr res to their employer. The Board shall decide in each case whether, in order to insure to emp ull benefit of their right to self-organization and to collective barg rwise to effectuate the policies of this Act, the unit appropriate for of collective bargaining shall be the employer unit, craft unit, plant

ision thereof.

henever a question affecting commerce arises concerning the represe ployees, the Board may investigate such controversy and certify to writing, the name or names of the representatives that have bee elected. In any such investigation, the Board shall provide for hearing upon due notice, either in conjunction with a proceeding or otherwise, and may take a secret ballot of employees, or utilize

As

ble method to ascertain such

never an order of the Board made pursuant to section 10 (c) is hav in part upon facts certified following an investigation pursuant t f this section, and there is a petition for the enforcement of review ich certification and the record of such investigation shall be incin ipt of the entire record required to be filed under subsections 10 e Fereupon the decree of the court enforcing, modifying, or setting a

part the order of the Board shall be made and entered upon the timony, and proceedings set forth in such transcript.

"(b) Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint. Any such complaint may be amended by the member, agent, or agency conducting the hearing or the Board in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent, or agency conducting the hearing or the Board, any other person may be allowed to intervene in the said proceeding and to present testimony. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling.

"(c) The testimony taken by such member, agent or agency or the Board shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take further testimony or hear argument. If upon all the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act. Such order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If upon all the testimony taken the Board shall be of the opinion that no person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the said complaint.

"(d) Until a transcript of the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.

(e) The Board shall have power to petition any circuit court of appeals of the Tnited States (including the Court of Appeals of the District of Columbia), or if all the circuit courts of appeals to which application may be made are in vacation, district court of the United States (including the Supreme Court of the District of Columbia), within any circuit or district, respectively, wherein the unfair labor practice in question occurred or wherein such person resides or transActs business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which such order was entered and the findings and order of the Board. fing, the court shall cause notice the go and be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order ber, agent, or agency, shall be considered by the court, unless the failure or neglect the Board. No objection that has not been urged before the Board, its memto urge such objection shall be excused because of extraordinary circumstances. The findings of the Board as to the facts, if supported by evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional vidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or Board, its member, agent, or agency, and to be made a part of the transcript. agency, the court may order such additional evidence to be taken before the The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new recommendations, if any, for the modification or setting aside of its original findings, which, if supported by evidence, shall be conclusive, and shall file its under. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate circuit court of appeals if application was made to the district court as

hereinabove provided, and by the Supreme Court of the United States: of certiorari or certification as provided in sections 239 and 240 of the Code, as amended (U. S. C., title 28, secs. 346 and 347).

f) Any person aggrieved by a final order of the Board granting o in whole or in part the relief sought may obtain a review of such opiera cuit court of appeals of the United States in the circuit wherein the practice in question was alleged to have been engaged in or wherein s resides or transacts business, or in the Court of Appeals of the District of bia, by filing in such court a written petition praying that the order of tw be modified or set aside. A copy of such petition shall be forthwith ser the Board, and thereupon the aggrieved party shall file in the court a of the entire record in the proceeding, certified by the Board, incinting ing and testimony upon which the order complained of was entered s ings and order of the Board. Upon such filing, the court shall proceed in t Danner as in the case of an application by the Board under subsection sha have the same exclusive jurisdiction to grant to the Board such les relief or restraining order as it deems just and proper, and in like make and enter a decree enforcing, modifying, and enforcing as so setting aside in whole or in part the order of the Board: the finding of b as to the facts, if supported by evidence, shall in like manner be co The commencement of proceedings under subsection (e) or f ection shall not, unless specifically ordered by the court, operate as a sta Board's order.

h) When granting appropriate temporary relief or a restraining of aking and entering a decree enforcing, modifying, and enforcing as 507 setting aside in whole or in part an order of the Board, as provided. ction, the jurisdiction of courts sitting in equity shall not be limited by titled "An Act to amend the Judicial Code and to define and limit tion of courts sitting in equity, and for other purposes", approved Ma 24U. S. C., Supp. VII, title 29, secs. 101-115). Petitions filed under this Act shall be heard expeditiously, and if in ten days after they have been docketed.

"INVESTIGATORY POWERS"

11. For the purpose of all hearings and investigations, which, in !fr the Board, are necessary and proper for the exercise of the powers to section 9 and section 10

The Board, or its duly authorized agents or agencies, shall at all rea have access to, for the purpose of examination, and the right to c ce of any person being investigated or proceeded against that rela atter under investigation or in question. Any member of the Bean wer to issue subpenas requiring the attendance and testimony of w production of any evidence that relates to any matter under inves estion, before the Board, its member, agent, or agency conducti or investigation. Any member of the Board, or any agent or s ed by the Board for such purposes, may administer oaths and atfirms witnesses, and receive evidence. Such attendance of witnesses 37 on of such evidence may be required from any place in the United S rritory or possession thereof, at any designated place of hearing case of contumacy or refusal to obey a subpens issued to any et Court of the United States or the United States courts of an ossession, or the Supreme Court of the District of Columbia, ction of which the inquiry is carried on or within the jurisdiet. person guilty of contumacy or refusal to obey is found or reside usiness, upon application by the Board shall have jurisdiction to Son an order requiring such person to appear before the Board · ent, or agency, there to produce evidence if so ordered, or there ny touching the matter under investigation or in question: and ey such order of the court pay be punished by said court as a c

C

erson shall be excused from attending and testifying or from prod ords, correspondence, documents, or other evidence in obedienc

the Board, on the ground that the testimony or evidence requir end to incriminate him or subject him to a penalty of forinter ual shall be prosecuted or subjected to any penalty or forfeitur unt of any transaction, matter, or thing concerning which he r having claimed his privilege against self-incrimination, to testify

7

or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

"(4) Complaints, orders, and other process and papers of the Board, its member, agent, or agency, may be served either personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post-office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

LABOR RELATIONS

*(5) All process of any court to which application may be made under this Act may be served in the judicial district wherein the defendant or other person required to be served resides or may be found.

"(6) The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board. "SEC. 12. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.

"LIMITATIONS

"SEC. 13. Nothing in this Act shall be construed so as to interfere with or impede or diminish in any way the right to strike.

SEC. 14. Wherever the application of the provisions of section 7 (a) of the National Industrial Recovery Act (U. S. C., Supp. VII, title 15, sec. 707 (a)), as amended from time to time, or of section '77 B, paragraphs (1) and (m) of the Act approved June 7, 1934, entitled 'An Act to amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898, and Acts amendatory thereof and supplementary thereto' 148 Stat. 922, pars. (1) and (m), as amended from time to time, or of Public Resolution Numbered 44, approved June 19, 1934 (48 Stat. 1183), conflicts with the application of the provisions of this Act, this Act shall prevail: Provided, That in any situation where the provision of this Act cannot be validly enforced, the provisions of such other Acts shall remain in full force and effect.

"SEC. 15. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

"SEC. 16. This Act may be cited as the national Labor Relations Act'.” The CHAIRMAN. During the past weeks, many statements have been made as

Most of these statements have been sincerely made. But it must always be borne in mind, with respect to any problem embracing legislative procedure, that that which is easy to say is often difficult, if

not impossible, to do.

Yet that

For example, no one who has really considered this problem would sincerely recommend the complete abolition or the National Labor Relations Board or the complete repeal of the Wagner Act. would be the inevitable result, if we were to follow the procedure called for by certain well-intentioned but illogical exponents of the prompt and complete repeal of the so-called Taft-Hartley law. been found necessary to establish a legislative technique whereby that In view of the practical difficulties involved in this problem, it has legal superstructure known as the Taft-Hartley Act can be effectively dismantled without impairing those sound and basic legislative foundations of American labor-management relations, which are embodied in the Wagner Act, and without destroying or impairing the function