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was charged in 2,863 cases, or 68.9 percent of the cases against employers. The next most common charge against employers was refusal to bargain with the representative chosen by their employees. This was charged in 1,070 cases, or approximately 26 percent. In 534 cases, employers were accused of interfering in the formation of a labor organization among their employees, or of dominating such an organization.
The most common charge against labor organizations also involved discrimination in employment. Unions were accused of causing or attempting to cause an employer to discriminate against employees on the basis of union membership or lack of it in 675 cases, or 58.2 percent of the cases against unions. The next most common charge against unions was restraint or coercion of employees. This was alleged in 644 cases. Charges of secondary boycott were made in 252 cases, or approximately 22 percent of the cases against unions. Unions were charged with engaging in jurisdictional strikes or boycotts in 72 cases.
Employers filed 238 out of 252 cases in which unions were charged with engaging in illegal secondary strikes or boycotts. Employers also filed 58 out of 72 cases in which unions were charged with engaging in illegal jurisdictional disputes. Nearly half of all charges against unions were filed by individuals. The charges by individuals against unions involved almost entirely unfair labor practices other than secondary boycotts or jurisdictional disputes. Of the 820 cases in which unions were charged with these other unfair practices, such as illegal discrimination, restraint or coercion of employees, or refusal to bargain collectively, 559 were filed by individuals. Employers filed 200 of the cases involving these charges, while labor organizations filed the remaining 61. Of the unions filing unfair practice charges against other unions, AFL affiliates filed 29, CIO affiliates 15, and unaffiliated labor organizations 17.
Of the 4,154 cases filed against employers, labor organizations filed 2,685, or approximately 64 percent. The remaining 36 percent was filed by individual employees. Of the cases filed against employers by unions, 1,485 were filed by AFL affiliates, 764 by CIO affiliates, and 436 by unaffiliated unions.
Board's rulings in unfair labor practices during the 1949 fiscal year are discussed in chapter III and rulings of the various courts are discussed in chapter IV.
3. Remedial Actions in Unfair Practice Cases In remedying unfair practices of both employers and unions under the Labor Management Relations Act, the Board has employed remedies similar to those fashioned under the Wagner Act. Among the most commonly used remedies have been (1) to order a union or an employer, as the case may be, to post notices stating that the acts found illegal will not be repeated in the future; (2) to order the resumption of collective bargaining; (3) to order disestablishment of a labor organization found to be dominated by an employer; (4) to order the employer to cease recognizing a union which he is found to have supported or assisted illegally; (5) to order reinstatement of employees found to have been discriminatorily discharged; and (6) to order an employer or a union, or both, jointly and severally, to reimburse an employee for any wages he may have lost as a result of illegal discrimination.
During the fiscal year 1949, a total of 1,994 employees received back-pay awards totaling $605,940 to reimburse them for loss of wages suffered as result of discrimination. In the same period, a total of 1,458 employees were reinstated in their jobs to remedy discriminatory discharges, and 96 other employees were placed on preferential hiring lists. Most of the employees reinstated or placed on preferential hiring lists were also among those receiving back pay. Of the back-pay awards, $597,710 were made by employers, while awards totaling $8,230 were made in cases in which unions were charged with unfair practices. Because some of the payments in these latter cases were made jointly by unions and employers who were also charged with unfair practices in companion cases, no precise figures are available on the exact amount of back-pay awards made by unions.
As a result of Board action, collective bargaining was resumed in a total of 228 cases in which the employer had been charged with refusal to bargain, and in 13 cases in which the union had been charged with refusal to bargain.
Unions found to be dominated by employers were disestablished in 38 cases.
Notices promising cessation of illegal practices were posted by employers in 778 cases, and by unions in 75 cases.
4. Collective Bargaining Elections and Results During the fiscal year 1949, the Board closed a total of 9,245 representation cases of all types. In 2,434 of these cases, the petitions were withdrawn by the petitioner after Board investigation, and in 1,379 cases, the petition was dismissed, either before or after the holding of an election.
A total of 5,646 elections were held to determine employees' desires as to collective bargaining representatives. An overwhelming percent of these elections were conducted pursuant to the agreement of all parties. Bargaining representatives were selected in 3,939 elections, or approximately 71 percent of those conducted. The employees
Chart 3,- Total number of charge and representation cases filed, closed, and pending July 1, 1948
June 30, 1949
Chart 4. --Total number of charge, representation and union security authorization cases received
the Board members, July 1, 1948- June 30, 1949
rejected bargaining representation in 1,625 elections. Approximately 77 percent of the collective bargaining elections were held on the basis of agreements reached between the parties, without recourse to the formal procedures of the Board in Washington.
Unions affiliated with the American Federation of Labor won 2,092 out of 3,399 representation elections in which they participated during the 1949 fiscal year, or approximately 62 percent. This is approximately the same percentage of elections won by AFL unions in fiscal 1947, the last year of the Wagner Act, when they were selected as bargaining representative in 2,196 out of 3,581 elections in which they participated. Unions affiliated with the Congress of Industrial Organizations won 858 out of 1,546 elections in which they participated, or approximately 55 percent. This compares with victories in 63 percent of the elections in which they participated in fiscal 1947, when CIO unions were selected as bargaining representatives in 2,138 out of the 3,410 elections in which they took part. Unaffiliated unions won 939 out of 1,311 elections in which they participated, or approximately 72 percent. This compares with victories in 65 percent of the 1947 elections, when they participated in 1,317 and won 860.
In the 5,646 representation elections of all types conducted by the Board, a total of 607,534 employees were eligible to vote. Valid ballots were cast by 533,326, or approximately 88 percent of those eligible. Of those voting, 387,176, or approximately 73 percent, cast ballots in favor of union representation, while the remaining 146,150 cast ballots against representation. In these elections, CIO affiliates polled a total of 162,592 valid ballots, AFL affiliates 133,323, and unaffiliated unions 91,261.
In 406 elections in which AFL unions and CIO unions competed for the right to represent the same groups of employees, the AFL won 162 and the CIO won 175. Twelve of the elections were won by unaffiliated unions, and in 57 of the elections the employees rejected any bargaining representative. In competition with unaffiliated unions, AFL affiliates won 76 out of 204, while the unaffiliated unions won 97, and in 9 no bargaining representative was selected. CIO affiliates, in competition with unaffiliated unions, won 47 out of 163 such elections, while the unaffiliated unions won 94, and in 12 no bargaining representative was chosen.
Of the representation elections, a total of 132 were held as a result of petitions to decertify a currently recognized or certified union. The employees voted to retain the union in 50 of these elections. AFL affiliates won 22 out of the 54 such elections in which they participated. CIO affiliates won 25 out of 62, while unaffiliated unions won 3 out of 17. A total of 18,773 employees were eligible to vote in these elections, and 17,078, or 91 percent, cast valid ballots. Of all