Of the 4,618 unfair labor practice cases filed with the Board during the fiscal year, 62 percent contained the charge of discrimination either for union activity, for testifying in a hearing before the Board, or for filing charges with the Board. About 38 percent of the cases included the allegation that the employer refused to bargain collectively with the representatives chosen by the workers. The charge of domination of and interference with a labor organization was made in approximately 12 percent of the cases.

It is of interest to compare these percentages with those for the preceding fiscal year. During the fiscal year ending June 30, 1938, nearly 67 percent of the unfair labor practice cases included charges of discrimination, about 38 percent contained charges of refusal to bargain collectively, and approximately 19 percent alleged domination of and interference with labor organizations. There appears to have been a decrease from the preceding fiscal year, in the proportion of all cases involving charges of discrimination and also a decrease in the proportion involving "company union" charges. The proportion of cases where the charge was refusal to bargain collectively remained the same.

Unfair labor practice cases closed July 1, 1938, to June 30, 1939.— Upon the receipt of a charge the regional director conducts an investigation to determine, first, whether or not the allegations affect commerce, and second, whether or not the facts as alleged in the charge constitute unfair labor practices within the meaning of the act. If, as a result of his investigation, the regional director decides that the facts do not warrant the institution of formal proceedings, the complaining labor organization or individual is given an opportunity to withdraw the charges. If, however, the parties filing the charges do not choose to withdraw the case when informed by the regional director that, in his opinion, no further action is warranted, the director formally states that he refuses to issue a complaint. The complainants have the right of appeal to the Board from the ruling of the regional director.

During the fiscal year 1938-39, regional directors secured the withdrawal of 1,269 cases after a preliminary investigation. This constituted 30 percent of the 4,230 unfair labor practice cases closed during the period. In 539 cases, where the parties did not choose to withdraw the charges, the regional directors refused to issue complaints, i. e., the charges were dismissed. These dismissed cases represent 12.7 percent of the unfair labor practice cases disposed of during the fiscal year.

Thus 42.7 percent of all unfair labor practice cases closed during the year were closed because the Board found that these cases did not merit formal proceedings.

If the regional director finds that the facts as stated in the charge constitute a violation of the act, formal proceedings may be instituted. But in a large number of cases, compliance with the act may be brought about through the voluntary cooperation of the employer, the complainant, and the agents of the Board. In such cases no formal proceedings are instituted.

The Board and its agents obtained compliance with the act on the basis of informal settlements in 1,990 cases, or 47 percent of all unfair labor practice cases closed by the Board during the fiscal year 1938–39. These settlements affected 203,692 workers.

In only a relatively small percentage of the unfair labor practice cases filed with the Board, does the regional director issue a formal complaint. These are cases in which the regional director decides that the allegations in the charge constitute unfair labor practices affecting commerce and finds it impossible to settle the dispute informally. The Board, through its agents, issued a total of 522 complaints during the 12 months ending June 30, 1939. This was slightly more than 8 percent of the sum of the 4,618 unfair labor practice cases filed during the year and the 1,732 unfair labor practice cases pending and still under investigation on June 30, 1938.

A total of 397 cases were closed after formal complaints were issued. A number of these, namely 127 cases, were settled, dismissed, or withdrawn before the issuance of Board decisions although in some cases hearings had been held. In 9 cases, the trial examiner dismissed the complaint, and in 26 cases the respondent agreed to comply with the recommendations of the trial examiner.

After the issuance of the trial examiner's report, a case is transferred to the Board. If the respondent does not comply with the recommendations contained in the intermediate report of the trial examiner or if exceptions are filed to his recommendations by any party to the proceedings, the case comes before the Board for decision. During the fiscal year a total of 235 cases was closed following the issuance of a Board decision either through dismissal of the entire complaint or through compliance with the Board's order. Although the complaints in only 28 of the cases were dismissed in their entirety, a large number of decisions included a partial dismissal of the complaint. The large number of cases closed by compliance with Board decision is explained by the fact that although during the first 3 fiscal years many decisions resulted in compliance with the affirmative portions of the Board's decisions, the Board continued to carry the cases as pending until such time as it was felt that the effects of the unfair labor practices had been dissipated. During the fiscal year 1938-39, the Board considered such cases closed and thus the number of cases closed by compliance was relatively high as compared with previous years. Although such cases are considered closed from a statistical point of view, from the legal point of view, the cease and desist orders continue in effect indefinitely.

Despite the inclusion in the data on cases closed of cases in which Board decisions had been issued in earlier years, only 5.6 percent of all unfair labor practice cases disposed of during the year were closed after formal Board decisions and orders.

4 For statistical purposes only, unfair labor practice cases in which decisions and orders have been issued are considered closed when compliance with the affirmative portion of the Board orders is secured. The negative portions of the orders, i. e., the cease and desist orders, remain in effect indefinitely.

See footnote (4), Table I.

Table VII shows a complete break-down of the disposition of unfair labor practice cases during the fiscal year 1938-39, and in Table VIII there is presented a similar break-down by regions.

TABLE VII.—Disposition of all unfair labor practice cases on docket July 1, 1938, to June 30, 1939

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