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ballots cast, 9,816, or approximately 57 percent, were cast in favor of retaining the bargaining representative.

A total of 157 of the representation elections were held as a result of petitions filed by employers. The employees voted in favor of bargaining representation in 100, or approximately 64 percent, of these employer-requested elections. The employees voting cast a total of 25,831 ballots in favor of union representation. This was 84 percent of the 30,817 valid ballots cast and 70 percent of the 36,774 employees eligible to vote.

In 137 of the elections requested by employers, only 1 union sought to represent the employees. The union won in 83 of these 1-union elections, or approximately 61 percent. Of the 20 employerrequested elections in which more than 1 union competed for bargaining rights, the employees voted for union representation in 17 elections, or 85 percent. CIO unions won 9 of these competitive elections, AFL 5, and unaffiliated 3.

Unions affiliated with the American Federation of Labor participated in 103 of the 157 elections held on employer petitions. They won 58, or approximately 56 percent of those in which they took part. Unions affiliated with the Congress of Industrial Organizations participated in 44 and won 28, or approximately 64 percent of those in which they took part. Unaffiliated unions took part in 24 and won 14, or 58 percent of those in which they took part.

Board rulings in representation cases during the 1949 fiscal year are discussed in chapter II.

5. Results of Union Shop Authorization Polls A total of 1,733,922 employees were eligible to vote in the 15,074 polls conducted by the Board to determine whether the employees wished to authorize their union to negotiate a union-shop contract requiring all employees to join the union as a condition of continued employment. Of these eligible employees, 1,471,092, or approximately 84.8 percent, cast valid ballots, of which 1,381,829, or 93.9 percent, cast ballots in favor of union-shop conditions. In 14,581 elections, or 96.7 percent of those conducted, the employees authorized the negotiation of union-shop contracts.

AFL affiliates won 10,448, or 96.5 percent of the 10,830 in which they participated. A total of 896,893 were eligible to vote in these elections, and the AFL unions polled a total of 728,227 ballots.

CIO affiliates won 1,979 out of 2,024, or 97.8 percent. In these elections, a total of 596,318 employees were eligible to vote, and the CIO unions participating polled a total of 475,588 valid ballots.

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Chart 5 Collective bargaining elections held during the

fiscal year 1949

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AGAINST EMPLOYER

78.2%

TYPES OF CASES

CA-Employer unfair labor practices.
CB - Union unfair labor practices.
CC-Union unfair labor practices involving injunction.
CD- Union unfais la bor practices involving boycotts and strikes

arising from jurisdictional disputes.

Chart 6..-Unfair labor practice cases filed against employers

and unions, July 1, 1948- June 30, 1949

Unaffiliated unions won 2,154 out of 2,220, or 97 percent. A total of 240,711 employees were eligible to vote in these elections, and the unaffiliated unions polled a total of 178,014 valid ballots.

6. Non-Communist Affidavits In order to have access to the agency's processes, a labor organization is required by the act to file

certain annual financial reports, and affidavits by each of their officers swearing that they are not Communists nor supporters or advocates of subversive movements.3 An official must file a new affidavit each year, and if any officer is replaced his successor must file an affidavit. Unions which have failed to comply with the filing and affidavit requirements may participate only in one type of election-a decertification election, to determine whether the employees wish to revoke the authority of the union to act as their bargaining representative. The Board also will recognize a valid contract held by a noncomplying union as a bar to a representation election sought by a competing bargaining representative. A noncomplying union also may be prosecuted for unfair labor practices under the act. Details of the Board's ruling on these matters are set forth in chapters II and III.

At the close of the 1949 fiscal year, 186 national and international unions had qualified to use the services of the Board by satisfying the filing requirements of the act. To qualify these unions, a total of 2,073 officers had filed the non-Communist affidavits. Of the unions in compliance, 98 were affiliates of American Federation of Labor, 34 affiliates of Congress of Industrial Organizations, and 54 were independent.

On June 30, 1949, a total of 9,073 local unions were in full compliance with the affidavit and filing requirements. To qualify these unions, officials holding a total of 84,027 union offices had filed non-Communist affidavits.

Altogether, a total of 16,967 local unions have met the affidavit and filing requirements of the act at one time or another between the effective date of the amendments, August 22, 1947, and June 30, 1949. As of June 30, a total of 7,866 had permitted their filings or affidavits to lapse, and 28 were unable to complete compliance because their national union had failed to meet all the requirements.

? A labor organization also must distribute its financial report to its members and Ale with the Board a certificate reporting the method by which the distribution was made.

: The text of the affidavit for non-Communist union officers is as follows: "The undersigned, being duly sworn, deposes and says: (1) I am a responsible officer of the union named below; (2) I am not a member of the Communist Party or affiliated with such party; (3) I do not believe in, and I am not a member of nor do I support any organization that believes in or teaches, the overthrow of the United States Government by force or by any illegal or unconstitutional methods." Filing of a false or fraudulent affidavit is punishable under section 35 (A) of the criminal code.

For a local union to achieve full compliance, the national or international union with which the local is affiliated also must be in full compliance.

Up to June 30, 1949, officials holding a total of 168,519 offices in unions had filed affidavits that they are not Communists nor advocates of subversive movements.

7. Case Activities of the Five-Member Board The fiscal year 1949 was the first full fiscal year of operation by the Board with five members. (Under the National Labor Relations Act, there were only three members.) It also was the first full fiscal year of operation by the Board members under the panel system by which the five-member Board delegates to panels of three members the full power to decide cases which do not involve important or novel questions of policy.

Under the panel system, the Board issued formal decisions in a total of 3,365 cases of all types. This was an increase of 64 percent over the 2,054 decisions issued during fiscal year 1948 and an increase of nearly 68 percent over the 2,005 cases decided during fiscal 1947, the last full year of the three-member Board.

Of the cases decided during the 1949 fiscal year, 2,498 were representation cases. This was an increase of approximately 38 percent over the 1,812 decided by the three-member Board in fiscal 1947. The Board also issued decisions in 484 unfair practice cases. This was an increase of approximately 151 percent over the 193 unfair practice cases decided in fiscal 1947. In addition, during the 1949 fiscal year the Board issued decisions in 383 union-shop authorization cases.

Of the unfair practice cases decided by the Board, 420 involved charges of unfair labor practices against employers and 64 involved charges of unfair labor practices against unions. Of the cases involving charges against employers, 193 were cases which were filed before amendment of the National Labor Relations Act, and 227 were cases arising under the amended act.

During the 1949 fiscal year, the Board members reduced their backlog of pending cases despite an increase of 27 percent in the number of cases reaching the Board itself. They began the fiscal year with a total of 541 cases of all types pending before them. Of these, 400 were representation cases and 141 were unfair labor practice cases. They closed the year June 30, 1949, with a total of 292 cases of all types pending. This was a reduction of 46 percent in the backlog of pending cases. Of the cases pending at the year's end, 191 were representation cases and 101 were unfair labor practice cases. The five-member Board received a total of 2,782 cases of all types during the 1949 fiscal year. This compared with 2,181 received during the 1948 fiscal year.

The operation of the panel system which was established by the Board in February 1948, under authority of section 3 (b) of the amended act, is discussed more fully on pp. 7 and 8 of the Board's Thirteenth Annual Report

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