role in the maintenance of stable labor relations and uninterrupted war production. Through these new administrative techniques, the Board, despite its own manpower problem created by heavy turnover and a decreasing staff, has striven to dispose of a heavy case load, occasioned by the rapid expansion of war industries. Of major importance in this effort is the work performed by the staffs of the Board's Regional Offices, frequently under the most difficult conditions, involving the conduct of elections on a 24-hour basis, the dislocation of normal travel facilities, and related difficulties of wartime operation. Although the percentage of contested cases has substantially increased, the great majority of cases are still handled in their entirety by the Regional Offices. Last year, 85.8 percent of the unfair labor practice cases and 76.4 percent of the representation cases closed during the year were disposed of in the Regional Offices, without resort to formal hearing and decision by the Board itself. The authority vested on October 14, 1942, in Regional Directors, with the concurrence of the Regional Attorneys to issue complaints or Notices of Hearing without the prior approval of the Board, has been proven, during the intervening period, a sound and efficient delegation of authority. A recent analysis indicates that approximately 70 percent of all complaints have been issued without prior advice from the Board, and that 92 percent of such complaints have been subsequently sustained, in whole or in part, by the Board or its Trial Examiner. Similarly, in representation cases, Notice of Hearing has been issued by the Regional Offices without prior advice from Washington in approximately 86 percent of all representation cases resulting in a hearing, and the Board has directed elections in approximately 90 percent of such cases. The increasing dispatch with which the field staff has handled its added responsibilities is indicated by the fact that the median interval between the filing of charge and the opening of hearing in unfair labor practice cases has been reduced from 200 days in 1942 to 125 days in 1943, while in representation cases the corresponding interval has been cut from 44 days in 1942 to 31 days in 1943. There has been a similar decrease in the time required to dispose of contested cases. Thus, the average period for the issuance of Intermediate Reports by the Trial Examiners following the close of the hearing has been reduced from 9 weeks during the fiscal year 1942 to 5 weeks during 1943, despite the increase in the number of reports issued from 198 during 1942 to 258 in 1943, the largest number in the Board's history. The average time consumed during the entire review process from transfer to the Board to issuance of decision in unfair labor practice cases was steadily shortened until by the end of the fiscal year it had been cut virtually in half. Thus, at the beginning of the fiscal year, the average time employed in contested complaint cases was 4 months; in June of 1943, it was slightly more than 2 months. A similar gain was made in the disposition of representation cases. According to a time study covering the first 6 months of the fiscal year of 1942, the average time required to process a representation case from assignment to issuance was 27 days. During the last 5 months of the past fiscal year, the monthly average was never more than 19 days and in June of 1943 was less than 17 days. The accelerated speed in case handling during the last fiscal year brought about a corresponding and substantial increase in the number of decisions issued in both complaint and representation cases. Accordingly, the Board issued decisions in 405 unfair labor practice cases, a gain of 40.6 percent over the 288 complaint cases decided in 1942. The 1,361 representation case decisions issued during the fiscal year constitute an increase of 43.1 percent over the figure for the previous year when 951 representation cases were decided. This record becomes doubly significant when it is recalled that the number issued in 1942 was, itself, an increase of 28 percent over the record of the previous year, making a total gain of 83 percent during the past 2 years. During the year, increased responsibility has been placed upon the Regional Offices for carrying on the Board's compliance activities. Through the institution of procedures for the systematic follow-up and reporting by the Regional Offices of cases in all phases of compliance, coordination of Washington and field compliance activities has been secured, and the speed and effectiveness of the remedies afforded under the Act have been materially increased. CHANGES IN FORMAL RULES AND REGULATIONS Important changes in the Board's Rules and Regulations have been made since the last Annual Report. While several of these occurred after the close of the fiscal year 1943, they are included here to provide authoritative information on current practice as prescribed by the Rules and Regulations. These amendments have been adopted to expedite formal proceedings and to carry forward more effectively the policies of the Act. Effective July 16, 1943, the Board amended its procedure for the conduct of run-off elections in cases where the original poll is inconclusive because no choice on the ballot received a majority of the ballots cast. The change in policy followed a public hearing on August 3, 1943, in which labor organizations and employers offered their suggestions and criticisms relating to the proposed change. Only one run-off election is provided for under the new policy, and it is to be conducted only when requested within 10 days of the original election. However, no representative will be placed on the run-off For full text of Rules and Regulations-Series 3, effective November 26, 1943, see Appendix F, p. 207. ? Article III, Section 11, Rules and Regulations-Series 3. Although the Board has consistently conducted run-off elections, no specific provision therefor had heretofore been included in its Rules and Regulations. At the time of amending its procedure it incorporated the new run-off election procedure in its Rules and Regulations. ballot unless it receives at least 20 percent of the valid votes cast in the original election. The form of run-off ballot under the new policy as compared with that under the old procedure, which was in effect for 3 years, in various types of vote distributions is as follows: By an amendment to Article II, Sections 33 and 37, effective October 21, 1943, the Board has extended to counsel for the Board the privilege formerly limited to counsel for the parties, of filing Exceptions to Trial Examiner's Intermediate Reports or to proposed orders of the Board. The Board wishes in occasional cases to have the benefit of such Exceptions filed by Board's counsel who tried the case. It is not anticipated that counsel for the Board will exercise the privilege of filing such Exceptions in all cases where they consider the Intermediate Report or proposed order inadequate, but only in unusual cases. The discretion in the matter is left to the Regional Attorney. Article III, Section 10, prescribing election and post-election procedure was amended effective November 26, 1943, in the interest of saving time and manpower, and the elimination of unnecessary reports. Generally speaking, before the amendment the Election Report, prepared by the Regional Director and served upon the parties following an election, included a Tally of the Ballots and the Regional Director's rulings, if any, on challenged ballots. Within 5 days after the service of this document 5 parti es could file with the Regional Director Objections to the conduct of the ballot or the election. The Regional Director then prepared a Report on Objections and served it on all parties. Under the present amendment the original Election Report is dispensed with. At the conclusion of the election, the parties are furnished with a Tally of the Ballots then and there. Within 5 days thereafter parties may file Objections to the conduct of the election. It has always been the policy of the Board to designate the Regional Director in the Region where the election is to be held as its agent to conduct the election. The service of this report by registered mail, the awaiting the return of the registry receipts for the purpose of making up an affidavit of proof of service, in the past has entailed much time, uncertainty, and clerical work, hampering post-election procedure. For example, in instances where the Regional Office was far distant from the place of election the Election Report in simple cases oft times could not be mailed in less than 3 or 4 days after the election and registry receipts might not be returned to the office for 7 days there after. Under such circumstances it would be impossible for the office to proceed until it had ascertained or a certainty when the Election Report was actually served upon the parties. The Regional Director then prepares and serves upon the parties a In cases where there are no challenged ballots (or the determination of the challenges would not affect the results of the election) and no Objections are filed the Regional Director within 5 days after the conclusion of the election forwards to the Board in Washington, D. C., the Tally of the Ballots, which, together with the record previously made, constitutes the record in the case, and the Board may thereupon decide the matter forthwith upon the record or make other disposition of the case. In other words, under the new procedure, in a large percentage of elections conducted the Board can proceed to final disposition within 6 days after the election is conducted. The interests of the parties continue to be fully protected under this new procedure. Two new Articles have been added to the Board's Rules and Regulations. A new Article VII effectuating, as to the Board's confidential files, the general Government policy against the production thereof, pursuant to subpena duces tecum issued by any court, commission, or board, and testimony by Board employees as to the contents of such confidential files, was issued by the Board effective October 21, 1943. A new Article X has been added by the Board to its Rules and Regulations effective October 30, 1943. This amendment applies to the enforcement or protection of rights, privileges, and immunities granted or guaranteed by the recent amendment to the Communications Act of 1934 —and the Board's powers and duties thereunder. Generally speaking, by this Article the Board adopts all the applicable Sections of its Rules and Regulations now in effect as its Rules and Regulations for the enforcement or protection of rights, privileges, and immunities granted or guaranteed by the said amendment to the Communications Act of 1934. 8 In order to clarify certain questions which have arisen in connection with consent elections, procedure has as to such elections been given formal recognition through amendment of the Rules and Regulations., The report is a consolidated report in the event there are both Objections and challenged ballots. 7 This category of cases represents the large bulk of elections conducted. 57 Stat. 5; 47 U. S. C. A. 222 (Supp. 1943). See Appendix F. A STATISTICAL ANALYSIS OF CASES FILED, CASES CLOSED, AND ELECTIONS CONDUCTED DURING 1943 CASES FILED DURING 1943 During the fiscal year ending June 30, 1943, 9,543 new cases were filed with the Board, a larger number than ever before filed except for the 2 peak years of 1938 and 1942. Representation cases, comprising 64 percent of the total, numbered 6,140, the largest number that has been received in any 1 of the Board's 8 years of activity. On the other hand, fewer unfair labor practice cases were filed in 1943 than in 5 preceding years; 3,403 cases or 36 percent of all cases received during the year. The greater emphasis being given in the Board's work to the orderly determination of collective bargaining representatives, reflected in the large number of representation cases filed, continues a trend which began in 1941 when the number of representation cases filed nearly doubled over the previous year. The upward trend continued in 1942 with an increase of 39 percent, and in the current year with an increase of 2.2 percent. The number of cases received during each of the Board's 8 years of activity is shown below: While the number of unfair labor practice cases declined 31.5 percent, compared with the number filed in 1942, the number of workers employed at the plants involved in these cases increased 76 percent. An increase of 17 percent occurred in the number of workers |