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PERSONAL SERVICES-FIELD

There are 21 regional offices located in the cities and covering the territories outlined in the attached list.

Practically the entire clerical, administrative, and fiscal staff was transferred from the old Board by the act to the new National Labor Relations Board. Each of the offices is in charge of a regional director, who receives charges and petitions under sections 8 and 9 of the act, investigates them, and determines whether or not complaints shall issue and hearings be held. Eleven examiners and one investigator are divided among the offices where the case load is heaviest. There are 29 stenographers and clerks apportioned among the 21 regional offices to handle the stenography and clerical work of 50 directors, examiners, and attorneys.

In the professional service in the field 16 regional attorneys are estimated as the very fewest who can fulfill the Board's obligations. They act as legal counsel for the regional directors ad are charged with the responsibility of preparing and presenting the Board's cases where complaints have been issued. Territories covered by regional offices are so large that fewer than 16 attorneys to the 21 offices could not function adequately. In fact, it may prove impossible for one attorney to handle all the work of an office.

WITNESS FEES AND INTERMITTENT EMPLOYEES

Witness fees are estimated at $10,000, a sum designed to cover fees of witnesses subpenaed to appear at hearings as well as expert witness fees. The $2,500 estimated for intermittent employees covers personal services of election clerks, temporary stenographic help, special trial examiners appointed for individual cases, etc.

OTHER OBLIGATIONS

Travel is estimated at $62,000, an amount smaller by $2,896 than was spent by the first National Labor Relations Board in the fiscal year 1935. Since the present estimate will have to cover travel and subsistence allowance for witnesses as well as for a larger field staff, the present estimate is extremely conservative.

Communications are estimated at $35,000. The amount actually spent for this purpose by the old Board in the fiscal year 1935 was $36,514. This estimate also s extremely conservative.

The contract service for reporting hearings is estimated at $53,500. The amount actually spent by the first National Labor Relations Board during the fiscal year 1935 was slightly under that amount, but in view of the fact that each record taken in the field must now be considered a base, subject to the potential review of circuit courts of appeal, they will have to be more painstakingly built, at a greater cost to the Board. Also, all hearings reported must be transcribed, under the terms of the act.

Rentals are estimated at $25,000. During the fiscal year 1935, $26,375 was spent for rentals, and for 6 months of that period the departmental service was housed in Federal quarters in Washington. At the present time our monthly rental, both for Washington and the field, is $2,619, or on an annual basis, $31,430. The Board has made and is making every effort to establish its regional agencies as well as its national headquarters in Federal space.

Ten thousand dollars is estimated as necessary for furniture and equipment. In 1935 the old Board actually spent $10,393 on this account. Increase in the needs of regional agencies together with the gradual replacement needs for furaiture borrowed from National Recovery Administration and rented in the field establishes this as a conservative estimate.

Supplies and materials are estimated at $6,000. During the fiscal year 1935 $10,336 was spent on this account, and the utmost caution was used to economize in the use of supplies and materials.

One thousand three hundred and ninety-two dollars is estimated as a fund for transportation of furniture and equipment, special and miscellaneous.

RECAPITULATION

Amount available for obligation, fiscal year 19351

Amount expended, fiscal year 19351.

Amount available, fiscal year 1936-

Estimated expenditures by old National Labor Relations Board, fiscal year 1936

2

Estimated balance available for expenditure by present National
Labor Relations Board (47 Stat. 449).

$1,027, 614

630,845

396, 78

92,709

304,000

STATEMENT OF TRANSFER OF FUNDS BETWEEN APPROPRIATIONS, FISCAL YEAR 1953

Seven thousand five hundred dollars was transferred from appropriation 6-03/5640.6 N. I. R. L., N. L. R. B., 1933-35, to appropriation 6-60W649.6.1 Working Fund, Labor, Bureau of Labor Statistics, N. L. R. B., N. I. R.

NATIONAL LABOR RELATIONS BOARD

The first National Labor Relations Board, which the present Board succeeded, was created by Executive order of the President dated June 29, 1934, by virtue of authority contained in Public Resolution No. 44, Seventy-third Congress. As is noted in the printed Budget, the expenditures of the first National Labor Relations Board in the fiscal year 1935 totaled $630,845.

In explaining the annual expenditures of this Board in the fiscal year 1935 it should be borne in mind that the Board did not become fully organized under its new procedure for some months after it took office, on July 9, 1934. In May 1935 the Schechter decision interrupted the Board's activities. During June (as well as in July and August) all divisions of the Board were virtually inactive. Therefore, the year's figures do not show a full or typical financial experience for that Board.

The new National Labor Relations Board was appointed by the President. effective August 27, 1935, pursuant to section 3 of the National Labor Relations Act. As the 1937 Budget shows, the Board took over, under the terms of the act, the estimated $304,000 remaining from the old National Labor Relations Board. These are the only funds available to this Board to date. An estimate of an additional $296,000 for all administrative expenses, together with $45,000 for all printing and binding, was submitted to the Congress by the President to carry the Board through the fiscal year 1936. No amount was appropriated by Congress, due to the failure of the third deficiency bill to pass the Senate.

ORGANIZATIONAL AND PROCEDURAL OUTLINE

Attached hereto is an organizational chart of the National Labor Relations Board indicating the main divisions of its activities and their interrelationships.

REGIONAL OFFICES

The 21 regional offices of the Board are located and have area jurisdiction as indicated in the attached list.

The field staff consists of regional directors, examiners, and stenographers and clerical help, whose duties may be described as follows:

The regional director is the local administrative officer of the Board and also is directly responsible to the Board for the handling of all cases coming to the regional office. He receives all charges of alleged commissions of unfair labor practices provided in section 8 of the act, or petitions which may be filed under section 9 of the act; conducts or directs necessary investigations into the merits of the charges and into the nature of the business of companies complained against for the purposes of ascertaining whether the dispute which has

1 Funds transferred by National Labor Board to, and expended by, first National Labor Relations Board, established by Executive order, dated June 29, 1934.

By terms of National Labor Relations Act (47 Stat. 449), old Board existed until the appointment of the new Board, which was effective Aug. 27, 1935. These expenditures were made by the old Board.

This figure does not represent actual need for fiscal year 1936, nor does it represent the actual amount it is anticipated will eventually be available. It is expected an additional sum to meet the expenses of the Board for the last 5 months of the current fiscal year will be requested to supplement the funds carried over.

thus come to his attention affects commerce. If the merits do not sustain the charge, or if he finds the Board has no jurisdiction, he refuses to issue a complaint. In the course of the investigation it is his duty to attempt to adjust the matters at issue between the parties. If he fails to bring about an adjustment and the facts warrant, he directs the regional attorney to draw up a complaint, which he then issues in the name of the Board, setting time and place for hearing, subject to the terms of the act.

The examiner is an investigating agent attached to some of the regional offices where needed. He works under the supervision of the director in making investigations and attempting adjustments.

The regional attorney is responsible for the preparation and presentation of the case before the trial examiner, who is assigned to conduct the hearing by the Board. He acts as legal counsel to the regional director at all times. Clerk-stenographers, stenographers, and clerks perform clerical and stenographic services for the directors, attorneys, and examiners.

DEPARTMENTAL PROCEDURE

The staff of the Board in Washington is at all times consulting and advising with the field offices in the performance of their duties. When a case is set for hearing, the Board assigns a trial examiner to hear the issue. When all testimony has been taken, the trial examiner is responsible for issuing to the parties and to the National Board an intermediate report stating his findings and setting forth his recommendations to the parties, designed to advise them of the steps they should take to bring themselves into harmony with the law. If the respondent complies with the recommendation, the case is closed; if on the other hand, the respondent fails to comply with the recommendations or takes exception to the intermediate report, the case comes to the National Labor Relations Board for further action, which upon notice may take further testimony or hear argument. If the Board is of the opinion that the person named in the complaint has violated the law. the Board states its findings of fact and issues and causes to be served on such person an order requiring the cessation of the unfair labor practice and the taking of such action as will effectuate the policies of the act. If, on the other hand, the Board does not believe an unfair labor practice has been committed, it dismisses the complaint. The Board has power to petition any circuit court of appeals in the United States for enforcement of its orders and for appropriate temporary relief or restraining orders, and in connection with all legal action to make through its own attorneys the necessary appearances in Federal courts and the Supreme Court of the United States for the enforcement of its orders or in defense of its procedure when suit is instituted to enjoin it from proceeding with its duties; or, as provided in section 10 (f), when review by any circuit court of appeals of the Board's decision may be obtained by any person aggrieved. In all its proceedings the Board has the power to issue subpenas for such witnesses and records as it deems necessary.

First region.-Federal Building, Boston, Mass. Area covered: Maine, New Hampshire: Vermont; Massachusetts; Rhode Island; Windham, New London, Tolland, Hartford, and Middlesex Counties in Connecticut.

Second region.-45 Broadway, New York, N. Y. Area covered: Litchfield, New Haven, and Fairfield Counties in Connecticut; Clinton, Essex, Washington, Warren, Saratoga, Schenectady, Albany, Renssalaer, Columbia, Greene, Dutchess, Ulster, Sullivan, Orange, Putnam, Rockland. Westchester, Bronx, New York, Richmond, Kings, Queens, Nassau, and Suffolk Counties in New York State; Sussex, Passaic, Bergen, Warren, Morris, Essex, Hudson, Union, Middlesex, Somerset, and Hunterdon Counties in New Jersey.

Third region.-White Building, Buffalo, N. Y. Area covered: New York State, except for those counties included in the second region.

Fourth region.-Bankers Securities Building, Philadelphia, Pa. Area covered: Mercer, Monmouth. Ocean, Burlington, Atlantic, Camden, Gloucester, Salem, Cumberland, and Cape May Counties in New Jersey: Newcastle County in Delaware; all of Pennsylvania lying east of the eastern borders of Potter, Clinton, Centre, Mifflin, Huntingdon, and Franklin Counties.

Fifth region.-United States Appraisers Store Building. Baltimore, Md. Area covered: Kent and Sussex Counties in Delaware; Maryland; District of Columbia; Virginia; Jefferson, Berkeley. Morgan, Mineral, Hampshire, Grant, Hardy, and Pendleton Counties in West Virginia.

37059-36-39

Sixth region.-Post Office Building, Pittsburgh, Pa. Area covered: All of Pennsylvania lying west of the eastern borders of Potter, Clinton, Centre, Mifflin, Huntingdon, and Franklin Counties; Hancock, Brookks, Ohio, Marshall, Wetzel, Monongalia, Marion, Harrison, Taylor, Doddridge, Preston, Lewis, Barbour, Tucker, Upshur, Randolph Webster and Pocahontas Counties in West Virginia.

Eighth region.--Guarantee Title Building, Cleveland, Ohio. Area covered: Michigan, exclusive of Gogebic, Onotonagon, Houghton, Keweenaw, Baraga, Iron, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Chippewa, and Mackinac Counties.

Eighth region.-Guarantee Title Building, Cleveland, Ohio. Area covered: Ohio, north of the southern borders of Darke, Miami, Champaign, Union, Delaware, Licking, Muskingum, Guernsey, and Belmont Counties.

Ninth region.-Mercantile Library Building, Cincinnati, Ohio. Area covered: West Virginia, west of the western borders of Wetzel, Doddridge, Lewis, an! Webster Counties and southwest of the southern and western borders of Pocahontas County; Ohio, south of the southern borders of Drake, Miami, Champaign, Union, Delaware, Licking, Muskingum, Guernsey, and Belmont Counties: Kentucky, east of the western borders of Hardin, Hart, Barren, and Munroe Counties.

Tenth region.-Hurt Building, Atlanta, Ga. Area covered: North Carolina; South Carolina; Tennessee; Georgia; Alabama, north of the northern borders of Choctaw, Marengo, Dallas, Lowndes, Montgomery, Macon, and Russell Counties.

Eleventh region.—Architects Building, 33 North Pennsylvania, Indianapolis, Ind. Area covered: Indiana, except for Lake, Porter, La Porte, St. Joseph, Elkhart, Lagrange, Noble, Steuben, and De Kalb Counties; Kentucky, west of the western borders of Hardin, Hart, Barren, and Monroe Counties.

Twelfth region.-Brumder Building, Milwaukee, Wis. Area covered: Wisconsin, except for Douglas County; Gogebic, Ontonagon, Houghton, Keweenaw. Barage, Iron, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft. Luce, Chippewa, and Mackinac Counties in Michigan.

Thirteenth region.-Twenty North Wacker Drive, Chicago, Ill. Area covered: Lake, Porter, La Porte, St. Joseph, Elkhart, Lagrange, Noble, Steuben, and De Kalb Counties in Indiana; Illinois, north of the northern borders of Edgar. Coles, Shelby, Christian, Montgomery, Macoupin, Greene, Scott, Brown, and Adams Counties; Jackson, Clinton, Scott, Jones, Cedar, Muscatine. Louisa, Lee, Henry, Washington, Johnson, Des Moines, and Linn Counties in Iowa. Fourteenth region.-United States Courthouse and Customhouse. St. Louis, Mo. Area covered: Illinois, south of the northern borders of Edgar, Coles, Shelby, Christian, Montgomery, Macoupin, Greene, Scott, Brown, and Adams Counties; Missouri, east of the western border of Scotland, Knox, Shelby, Monroe, Audrain, Callaway, Osage, Maries, Phelps, Dent, Shannon, and Oregon Counties.

Fifteenth region.-Union Indemnity Building, New Orleans, La. Area covered: Louisiana; Arkansas; Mississippi; Florida; Alabama; south of the northern borders of Choctaw, Marengo, Dallas, Lowndes, Montgomery, Macon, and Russell Counties; Jefferson, Orange, Chambers, Galveston, Harris, Fort Bend, Brazoria, Matagorda, Wharton, Jackson, Victoria, Calhoun, Refugio, Aransas, San Patricio, Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties in Texas.

Sixteenth region.-Federal Court Building. Fort Worth, Tex. Area covered: New Mexico; Oklahoma; Texas, except for Jefferson, Orange, Chambers, Galveston, Harris, Fort Bend, Brazoria, Matagorda, Wharton, Jackson, Victoria. Calhoun, Refugio, Aransas, San Patricio, Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties.

Seventeenth region.-Scarritt Building, Kansas City, Mo. Area covered: Missouri, west of the western borders of Scotland, Knox, Shelby, Monroe, Audrain, Callaway, Osage, Maries, Phelps, Dent, Shannon, and Oregon Counties; Iowa. west of the western borders of Lee, Henry, Washington, Johnson, and Linn Counties and south of the northern borders of Benton, Tama, Marshall, Story, Boone, Greene, Carroll, Crawford, and Monona Counties; Kansas; Nebraska: Colorado.

Eighteenth region.-New Post Office Building, Minneapolis, Minn. Area corered: Minnesota; Iowa, north of the southern borders of Dubuque, Delaware. Buchanan, Blackhawk, Grundy, Hardin, Hamilton, Webster, Calhoun, Sac, Ida, and Woodbury Counties; North Dakota; South Dakota; Wyoming; Montana.

east of the eastern borders of Hill, Chouteau, Fergus, Golden Valley, Stillwater, and Carbon Counties; Douglas County, Wis.

Nineteenth region.-Federal Office Building, Seattle, Wash. Area covered: Washington; Oregon; Idaho; Montana, west of the eastern borders of Hill, Chouteau, Fergus, Golden Valley, Stillwater, and Carbon Counties; Alaska. Twentieth region.-1095 Market Street, San Francisco, Calif. Area covered: Utah; Nevada; California, north of the southern borders of Monterey, Kings, Tulare, and Inyo Counties.

Twenty-first region.-Federal Building, Los Angeles, Calif. Area covered: Arizona; California, south of the southern borders of Monterey, Kings, Tulare, and Inyo Counties.

In the National Labor Relations Act the Congress has declared “that employees shall have the right to self-organization; to form, join, or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection" (sec. 7). Congress has further stated: "It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encourag ing the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection' (sec. 1).

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The National Labor Relations Board was created in the Seventy-fourth Congress to administer the National Labor Relations Act (47 Stat. 449) and to adjudicate disputes affecting commerce which arise out of interference with the exercise of rights of employees to organize and to bargain collectively.

FUNCTIONS

The Board is charged with the duties (a) of adjudicating disputes arising out of unfair labor practices defined in section 8; and (b) to certify to parties in dispute the names of proper representatives of the employees for purposes of collective bargaining as provided in section 9.

The act provides that the Board shall have power to petition any circuit court of appeals to enforce its orders and to provide temporary relief or restraining orders. Parties aggrieved by any order of the Board have the right to petition any circuit court of appeals for relief from any order of the Board. and the Board has the power to defend its action before the court.

ORGANIZATION AND PROCEDURE

The act transferred to the Board the staff, records, and funds of the first National Labor Relations Board, established by Executive order (dated June 29, 1934 under authority of Public Resolution No. 44, Seventy-third Congress. This organization consisted of 21 regional offices, and offices in Washington, D. C.

The Board has continued this organization because of the promptness and efficiency with which cases arising throughout the country may be handled. A brief description of the organization and functions of the Regional Offices has already been furnished to the committee.

For the purpose of better acquainting the committee with the work of the Board, however, some slight elaboration of the procedure established under the act by the Board and defined in rules and regulations, series I, attached to this report, is in order.

As has been described, a charge alleging a commission of an unfair labor practice is usually filed with the regional office in whose jurisdiction the case arises. The regional director is responsible for investigation of the charge (which necessitates not only scrutiny of the merits of the charge, but also of the nature of the respondent's business, to determine whether the Board has jurisdiction), and with the advice of counsel, for the issuance of a complaint thereon or refusal to issue a complaint, provided no satisfactory adjustment is arrived at during the investigation. With the issuance of a formal complaint in the name of the Board, date for hearing is set which may be extended upon adequate showing by any of the parties to the proceeding. The respon leat is given an opportunity to file an answer to the complaint and to make such

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