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by that recourse to economic pressure which characterized the years before the Act was passed.

The number of unfair labor practice cases filed during the past year, 3,815, was greater than the total number filed in any year since 1942. The character of unfair labor practices charged against employers did not vary substantially from preceding years. As usual, the most frequent allegation of unfair labor practice involved Section 8 (3) of the Act, i. e., discharging or otherwise discriminating against employees because of their union activities. Next in frequency was the allegation of employer refusal or failure to bargain in good faith, involving Section 8 (5) of the statute. The former type of charge figured in approximately 64 percent of the cases, the latter in 32 percent. It should be noted that the charges involving Section 8 (5) have increased by 50 percent over the average for the past 3 years. Undoubtedly, a partial explanation for this upsurge lies in the demise of the National War Labor Board.

Of the 10,892 cases closed during the year, 2,911 involved charges of unfair labor practices and 7,981 involved questions concerning representation. As in past years, the great majority of the 10,892 cases processed to conclusion were closed promptly in the informal stages of administration, without the necessity of hearings, reports, decisions, or subsequent litigation. Significantly, 91 percent of the unfair labor practice cases and 74 percent of the representation cases did not require formal action; in both groups this marked an encouraging increase over the preceding year.

Approximately 72 percent of the 2,911 unfair labor practice cases closed during the year were closed by withdrawal or dismissal. As in the past years, the remedies varied in the 793 cases closed by adjustment or by compliance with Intermediate Report, Board order, or court decree. Notices were posted in 529 cases. Company-dominated unions were disestablished in 51 cases. A total of 3,184 workers were reinstated to remedy discriminatory discharges, while 384 in addition were reinstated after strikes caused by unfair labor practices. Back pay amounting to $899,297 was paid to a total of 2,779 workers who had been subjected to discriminatory practices. Collective bargaining was affirmatively directed, as part of the remedy, in 176 cases.

A total of 5,589 elections and cross checks were conducted by the Board during the year. Of these, only 1,163 elections, or 21 percent, were conducted pursuant to Board order, all the others being based on agreement by the parties. Valid votes, constituting 83 percent of the 846,431 eligible to participate in the designation of collective bargaining representatives, were cast by 698,812 workers. Of this number, 76 percent were cast affirmatively and resulted in the selection of union representation in 80 percent of all elections and cross checks conducted.

During the fiscal year 1946, affiliates of the American Federation of Labor won majority designation in 2,004 elections, with a total of 175,332 votes; affiliates of the Congress of Industrial Organizations won 1,958 elections, with 263,641 votes; unaffiliated unions won 484 elections, with 90,874 votes. No union won a majority in 1,143 elections, a total of 168,965 votes being cast against any union representation.

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At the close of the fiscal year ending June 30, 1946, 4,605 cases were still pending before the Board, at various procedural levels. Of the 4,605 cases, 2,225 involved allegations of unfair labor practices and 2,380 were concerned with representation questions. Never before in its history did the Board enter a new fiscal year with so great a backlog. Like a court, the Board has little or no control over the number of actions brought before it; yet it is under a statutory mandate to process appropriately all cases to which its consideration is directed. In view of the dynamic nature of the field in which the Board operates, it is of prime importance to both employers and employees that such cases be considered and adjudicated as rapidly as possible, consistent with due process of law and the substantive policies of the Act. In the light of these considerations, the Board frankly is apprehensive and disturbed by the possible repercussions of such a backlog on labor relations at the plant level. Considered in this connection, a matter of grave concern to the Board is the deep cut made in its appropriations for the fiscal year beginning July 1, 1946, which necessitated the separation of over 20 percent of its personnel. It is estimated that the current rate at which new cases are being added to the already significantly large backlog, aggravated by the reduction in personnel, may mean the doubling of the amount of time normally required to process cases.

It is hoped that the Congress will see fit to grant the Board appropriate fiscal relief so that it will be able to perform its statutory duties promptly and efficiently. Pending such consideration, the Board is hopeful that labor organizations will exercise restraint and not return to the self-help of strikes which the Act was designed to discourage.

To expedite the handling of cases, the Board has endeavored to improve its organization and procedures, and to adjust them to changing conditions while preserving the basic structure and practices which have been tested by experience and approved by the courts. Thus, the Board recently established several Subregional Offices close to the source of cases which formerly were handled by distant Regional Offices. Also, last October the Board's general counsel initiated the practice of calling an annual conference of labor and management attorneys to consider basic problems confronting all concerned and to discuss the desirability of changes in the Board's Rules and Regulations. In addition to the benefits which normally flow from such joint consultation, the first of these conferences was instrumental in paving the way for a change in regulations which provided for prehearing elections.

As an outgrowth of this conference, in November 1945, the Board amended its Rules and Regulations to provide that "at any stage of the investigation, either before hearing or after hearing, but before transfer of the case to the Board, the Regional Director may in cases which present no substantial issues, conduct a secret ballot of the employees or he may decline to continue the investigation." The Board's limited experience with prehearing elections has demonstrated their efficacy in disposing promptly of certain simple cases; moreover, it has had the effect of encouraging the use of consent procedures. During the 7-month period ending June 30, 1946, 118

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