and 43.5 percent of all closed cases filed by individuals. However, the unions affiliated with the C. I. O. consented to withdraw 27.5 percent of their cases filed with the Board compared with withdrawals of 24.4 percent of the cases brought to the Board by the A. F. of L. unions. Withdrawals occurred in 27.2 percent of the closed cases of unaffiliated unions and in 19.9 percent of the cases filed by individuals. Of the total A. F. of L. cases closed during the year, 17 were closed by compliance with the decisions of the Board. Only 10 C. I. O. cases were similarly closed during the same period. In two cases affecting unaffiliated unions compliance was secured with the Board's orders. Hearings were conducted in 242 cases filed by the unions affiliated with the A. F. of L., or 7.7 percent of all their cases on docket, as against 441 C. I. O. cases heard, or 10.6 percent of their cases on docket. The Board issued decisions in 71 complaint cases affecting A. F. of L. unions, this total being 2.3 percent of all A. F. of L. cases on docket. Of the C. I. O. complaint cases on docket during the year, the Board issued 107 decisions. or 2.6 percent of the total. VI. REPRESENTATION CASES A. STATISTICAL SUMMARY OF REPRESENTATION CASES Representation cases on docket July 1, 1937 to June 30, 1938.-On June 30, 1937, 796 representation cases, involving 391,126 workers, were pending before the Board. These cases were carried over into the fiscal year ending June 30, 1938. In the fiscal year 1937-38 there were filed with the regional offices 3,569 petitions, involving 995,422 workers, and 54 petitions, involving 102,101 workers, were filed with the Board in Washington, special permission for such filing having been granted pursuant to the Board's rules and regulations. Thus, a total of 4,419 representation cases, involving 1,488,649 workers, was on docket during the period covered by this report. Representation cases closed July 1, 1937, to July 30, 1938.-The representation cases closed are divided into two groups-those cases closed before formal action and those closed after formal action.2 3 The Board disposed of 3,157 cases during the fiscal year 1937-38, or 71.4 percent of the total number of representation cases on docket. In 1,649 representation cases, or 52.2 percent of the total cases disposed of during the year, settlements were secured with the aid of the regional director. Of these 1,649 cases, 830 were settled after the regional director secured the consent of all parties involved to an election to determine the issue of representation. In 603 cases the negotiations for a consent election led to an admission that the petitioner actually represented the majority of the employees and to the recognition of such representatives for the purpose of collective bargaining. Frequently, an agreement was secured between the petitioner and the employer permitting the agents of the Board to check union membership cards against the pay roll in order to determine whether or not a majority of the employees had designated the petitioner as their representative for the purposes of collective bargaining. Such agreements were entered into in 216 cases. The Board dismissed the petitions filed in 328 cases, or 10.4 percent of all cases closed, while the petitioners withdrew their petitions in 767 cases, representing 24.3 percent of all cases disposed of. In some cases the withdrawals resulted from adjustments of the controversies between the parties directly; in some cases they occurred after the petitioners learned that the Board had no jurisdiction over the particular controversy; in others they were withdrawn and charges were filed alleging a violation of section 8 (5) of the act, i. e., a refusal to bargain collectively. 1 The figures given in the Board's Second Annual Report (ch. VII, p. 25) were 692 cases and 332,308 workers. For explanation of the revisions see footnote 1, p. 18, supra. * Formal action in representation cases is instituted by the issuance of a notice of hearing. The Board conducted 812 consent elections during the fiscal year 1937-38. (See table XXI.) However, in a few instances one election settled more than one case. Included in this figure are 24 cases trasferred from one regional office to another, In the remaining 413 representation cases, or 13.1 percent of the total cases closed, the Board issued decisions either certifying the petitioning union or a rival union, or dismissing the petition. Of this total the Board held elections in 258 cases to determine whether or not the petitioner represented a majority of the employees in the unit designated by the Board. After these elections, the Board issued certifications in 233 cases and dismissed the petitions in 25 cases. The Board disposed of 155 cases without elections, by certifying unions in 109 cases and by dismissing petitions in 46 cases. Table XV sets forth the disposition of the representation cases in detail. TABLE XV.-Disposition of all representation cases on docket during the fiscal year ending June 30, 1938 Representation cases pending as of June 30, 1938.-On June 30, 1938, there were pending before the Board 1,262 cases, involving 589,406 workers. Of these cases, 872, or 69.1 percent, were awaiting informal settlement or formal action. A large proportion of these cases will probably be settled before any formal proceedings are instituted. Awaiting the decision of the Board after hearing are 264 cases, and an additional 126 cases have already been decided upon by the Board but are awaiting certification. In some of the cases awaiting certification elections have been ordered but not as yet held, in others elections have already been conducted by the Board and are awaiting final certification. Table XVI shows the disposition of the representation cases by regions. |