3. EXPEDITION OF FORMAL PROCEEDINGS

The new policy in relation to hearings in representation cases adopted during the prior fiscal year has been continued. In uncomplicated cases, for the purpose of expeditious handling, employees attached to Regional Offices are assigned as trial examiners to hear formal representation cases. The assignment is made by the Chief Trial Examiner, and Trial Examiners from Washington are sent into the field only in cases involving complex factual or legal problems. All representation cases are transferred immediately to the Board after hearing.

In complaint cases, after a formal hearing, the Trial Examiner is aided in the preparation of his Intermediate Report by attorneys attached to the staff of the Chief Trial Examiner in Washington. It is the function of these attorneys to familiarize themselves with records heard by the Trial Examiners, and assist in the preparation of the Intermediate Report. They compare findings of fact in the Intermediate Report with the record and prepare memoranda relating to the legal, procedural and other problems in the case.

Review attorneys examine the record of the proceedings after exceptions have been taken to the Intermediate Report. They examine the formal transcript to bring to the attention of the Board any discrepancy between the Intermediate Report and the Record, and the exceptions to the Intermediate Report raised by any party to the proceedings. The Board, in deciding the case thereafter, has before it the record, the Intermediate Report, the exceptions thereto, the briefs of the parties, and the memorandum submitted by the review attorney.

6

The procedural changes set out above have speeded the time between hearings and final decisions in both representation and complaint cases.

Cf. Chapter VIII, Fifth Annual Report, p. 123.

Cf. Chapter 4, Part A, Final Report of the Attorney General's Committee on Administrative Procedure.

CHAPTER III

STATISTICAL RECORD OF BOARD ACTIVITY 1

SUMMARY OF BOARD ACTIVITY

The fiscal year 1941 was marked by a great increase in the number of new cases filed with the National Labor Relations Board. There were 9,151 charges and petitions involving 2,373,361 workers filed with the Board during the year, or over 50 percent more charges and petitions than the 6,177 filed in 1940 (table 2). Not only did the number of new cases received in 1941 greatly exceed the number received in 1940; it also exceeded the number received in any year in the Board's history except the fiscal year 1938 when the Supreme Court decision validating the National Labor Relations Act evoked a flood of new cases (table 2).

The increase in Board activity was accelerated during the course of the year. The number of new cases received increased from month to month. During the first quarter, the Board received a total of 1,721 new cases; in the second quarter, the number increased to 1,886; in the third, to 2,513; and, in the fourth, to 3,031 (table 3).

There was a much greater increase in the number of representation cases than in the number of unfair labor practice cases filed. Only 22 percent more unfair labor practice cases were filed in 1941 than in 1940 4,817 compared with 3,934-but almost 100 percent more representation cases were filed in the later year than in the earlier4,334 compared with 2,243. Indeed, the number of petitions filed in 1941 exceeded the number filed in any earlier year in the Board's history, not excepting the fiscal year 1938, the previous peak year (table 3).

The year was also marked by an increase in cases closed. There were 8,396 cases, involving 2,082,036 workers, closed in 1941. In 1940, 7,354 cases, involving 1,488,020 workers, were closed. The number of cases closed in 1941 exceeded the number closed in any previous year in the Board's history except the fiscal year 1938, when 8,851 cases were closed. As in cases filed, the increase in representation cases closed was much more marked than the increase in unfair labor practice cases closed. Only 1 percent more unfair labor practice cases were closed in 1941 than in 1940-4,698 compared with 4.664. In contrast, the number of representation cases closed in 1941 exceeded the number closed in 1940 by 37 percent-3,698 compared with 2,690. Indeed, a greater number of representation cases were closed than in any previous year in the Board's history, not excepting 1938 (table 10).

Despite the substantial number of cases closed in 1941, the increase in cases received was so great that there was an accumulation of cases on the Board's docket during the year. There were 2,911 cases pending in the regions and before the Board at the beginning of the

1 Statistics on Board cases are given in tables on pp. 20-39. A list of the tables is given on p. v.

fiscal year. At the close of the year, the number had increased to 3.666. That represented an increase of 25 percent (table 1).

The increase in cases on the docket between the beginning and the close of the fiscal year was greater than in any year since 1938. In 1940, the number of cases on the docket decreased 28.6 percent between the beginning and the close of the year-from 4,113 to 2,936 cases. In 1939, there was an increase in cases on the docket between the beginning and the close of the year, but the increase was only 8.9 percent-from 3,778 cases to 4,113 cases (table 2).

As might be anticipated from the great increase in petitions filed, the number of representation cases on the docket increased more markedly between the beginning and close of the year than the number of unfair labor practice cases. Unfair labor practice cases increased 5 percent, from 2,164 to 2,283, between July 1, 1940, and June 30, 1941. Representation cases pending increased 85 percent, from 747 to 1,383, between the same two dates (table 1).

CHARACTER OF CASES RECEIVED

Charges and petitions-(table 3). The year was marked by a shift in the percentage distribution of charges and petitions among all new cases received. Of the 9,151 new cases received, 4,817, or 53 percent of the total, were unfair labor practice cases and 4,334, or 47 percent, were representation cases. In no preceding year did representation cases constitute so large a percentage of all cases filed. In 1936 and 1937, they constituted less than 30 percent of the total. In 1938, 1939, and 1940, they constituted less than 40 percent of the total. In 1940, their previous peak year, they constituted only 36 percent of the total.

Moreover, the annual figures do not reveal completely the increasing numerical importance of representation cases in the total received by the Board. The relative preponderance of representation cases increased steadily from month to month. In the first quarter of the year, they constituted only 39 percent of the total; in the second quarter, 41 percent; in the third quarter, 51 percent; and in the fourth quarter, 53 percent.

Industries involved-(table 4).-The bulk of the Board's cases arose in manufacturing establishments. About 73 percent of the charges and petitions received in 1941-6,653 of the total of 9,151— were filed by workers in manufacturing establishments. About 83 percent of the workers involved-1,967,512 of the total of 2,373,361were employed in manufacturing establishments.

The manufacturing industries in which the greatest number of cases arose, ranked in order, were: Iron and steel; food and kindred products; machinery other than electrical machinery and automobile equipment; furniture and finished lumber products; textiles; and lumber and basic lumber products. The manufacturing industries in which the cases received by the Board involved the greatest number of workers were, ranked in order: Iron and steel; transportation equipment other than automobiles; machinery other than electrical: machinery and automobile equipment; textiles; automobiles; food and kindred products; and electrical machinery.

427441-42- 2

The second most important industrial group with respect to both numbers of charges and petitions filed and numbers of workers involved was the public utility group. Almost 10 percent of all charges and petitions received-889 of the 9,151-were filed by workers in transportation, communication, and other public utilities. The 153,044 workers involved in these cases constituted over 6 percent of the workers involved in all charges and petitions received in 1941.

Workers in wholesale trade filed 645 charges and petitions, or 7 percent of the total. However, only 41,509 workers, or less than 2 percent of the total, were involved in these 645 cases.

Workers in retail trade filed 315 charges and petitions, or over 3 percent of the total, and 75,653 workers, or over 3 percent of the total, were involved in these cases.

Workers in mining and quarrying filed 243 charges and petitions, or a little less than 3 percent of the total; 66,845 workers, or a little less than 3 percent of the total, were involved in these cases.

There were slight differences between unfair labor practice cases and representation cases in the industries contributing the largest number of cases and of workers involved. The manufacturing group of industries contributed the largest number of charges, the largest number of petitions, the largest number of workers involved in unfair labor practice cases, and the largest number of workers involved in representation cases. The same individual manufacturing industries furnished the largest numbers of both types of cases, but there were slight differences in their ranking. Public utilities contributed the second largest number of charges, of petitions, and of workers involved in each type of case. Wholesale trade contributed the third largest number of charges and of petitions and the fifth largest number of workers involved in each type of case, a larger number of workers being involved in cases arising in the mining and quarrying industry and in retail trade.

Regional distribution—(table 5).—The largest number of charges and petitions, as in preceding years, was filed in the New York region. Los Angeles, Boston, Detroit, Chicago, Baltimore, Cleveland, and Seattle ranked next in order in number of cases received.

The ranking of the regions differed slightly in unfair labor practice cases and representation cases considered separately. The New York region received the largest number of both types of cases. But Los Angeles ranked second in number of charges received, and fourth in number of petitions received. Boston ranked third in number of charges, but sixth in number of petitions received. Cleveland ranked fourth in number of charges, but ninth in number of petitions received. Seattle ranked fifth in number of charges, but eighth in number of petitions received. Baltimore ranked sixth in number of charges, but fifth in number of petitions. Detroit, which ranked second in number of petitions received, ranked ninth in number of charges. And Chicago, which ranked third in number of petitions received, ranked seventh in number of charges.

Union affiliation of filing parties.-Unions affiliated with the A. F. of L. filed the largest number of charges and petitions, 4,261 of the total of 9,151. Unions affiliated with the C. I. O. filed 3,740 charges and petitions. Unions affiliated with neither of these bodies filed

595 charges and petitions. These unions include organizations like the International Typographical Union and the Railway Brotherhoods which, though affiliated with neither of the major union bodies, are themselves organized on a national basis, and also organizations which draw their membership from among the employees of a single employer. Individuals filed 476 charges and employers filed 73 petitions (table 12).

Unions affiliated with the A. F. of L. filed the largest number of both types of Board cases. They filed 2,245 charges and 2,016 petitions. Unions affiliated with the C. I. O. filed 1,972 charges and 1,768 petitions. Unaffiliated unions filed 122 charges and 473 petitions (tables 13 and 14).

The cases filed by unions affiliated with the C. I. O. involved the greatest number of workers. There were 1,161,221 workers involved in cases filed by C. I. O. affiliates. There were 806,846 workers involved in cases filed by unions affiliated with the A. F. of L., 157,003 workers involved in cases filed by unaffiliated unions, 236,022 workers involved in charges filed by individuals, and 6,974 workers involved in petitions filed by employers (table 12).

Both the unfair labor practice cases and the representation cases brought to the Board by unions affiliated with the C. I. O. involved the greatest number of workers. There were 697,917 workers involved in unfair labor practice cases filed by unions affiliated with the C. I. O., 478,208 workers involved in cases of this type filed by unions affiliated with the A. F. of L., and 51,190 workers involved in cases of this type filed by unions affiliated with neither of these organizations (table 13). There were 624,453 workers involved in representation cases filed by unions affiliated with the C. I. O., 401,019 workers involved in cases filed by unions affiliated with the A. F. of L., and 146,367 workers involved in cases filed by unions affiliated with neither of these organizations (table 14).

Character of charges received-(table 6).-In the greatest number of the unfair labor practice cases filed with the Board, 2,182, or 45 percent of the total of 4,817, there were allegations of violation of subsections 1 and 3 of section 8 of the act-that is, general allegations of interference and specific allegations of discrimination in regard to hire and tenure of employment. That represented a slight decrease in proportion as compared with 1940, when allegations of this character were made in 1,971 cases or 50 percent of the 3,934 unfair labor practice cases filed.

In 952 cases, or about 20 percent of the unfair labor practice cases filed in 1941, there were allegations of violation of subsections 1 and 5 of section 8 of the act-that is, general allegations of interference and specific allegations of refusal to bargain collectively. Allegations of this character were made in 697 cases, or about 20 percent of the 3,934, filed last year.

In 493 cases, or about 10 percent of the total filed in 1941, there were allegations of violation of subsections 1, 3, and 5 of section 8 of the act. In 1940, allegations of this character were made in 443 cases, or 11 percent of the 3,934 cases filed. In 467 cases, or slightly less than 10 percent of the total filed in 1941, there were allegations of violation of subsection 1 of section 8 alone. Such