THE NATIONAL LABOR RELATIONS ACT

HEARINGS

BEFORE THE

COMMITTEE ON LABOR

4.2. Conque HOUSE OF REPRESENTATIVES

SEVENTY-SIXTH CONGRESS

ор

CONTENTS

REPORT OF NATIONAL LABOR RELATIONS BOARD ON PROPOSED AMENDMENTS TO

THE NATIONAL LABOR RELATIONS ACT

I. Introduction_.

A. Basic principles of the National Labor Relations Act.

B. Operation of the act

C. The charge of prejudice against employees..

D. The charge of prejudice against A. F. of L. unions.

II. Summary of conclusions..

III. The Anderson bill (H. R. 2761)

IV. The Barden and Hartley bills (H. R. 4749; H. R. 5231)

V. The Allen, Lea, and West bills (H. R. 4376, 4400, 4594)

VI. The Hoffman bill..

E. Further proposals for changing the procedure of handling

unfair labor practices -

A. Proposals limiting the jurisdictional application of the act_

B. Proposals relaxing unfair labor practices of employers; and

prescribing unfair labor practices of employees-

C. Proposals regarding determination of appropriate bargaining

unit..

D. Proposals for separation of functions..

F. Proposals for changing the procedure of handling representa-

tion cases

III

REPORT OF THE NATIONAL LABOR RELATIONS BOARD TO THE COMMITTEE ON LABOR OF THE HOUSE OF REPRESENTATIVES UPON H. R. 2761, H. R. 4376, H. R. 4400, H. R. 4594, H. R. 4749, H. R. 4990, AND H. R. 5231

I. INTRODUCTION

The following report is submitted in response to the committee's request for comment upon the proposals for amendment of the National Labor Relations Act which are embodied in H. R. 2761, introduced by Representative Anderson of Missouri; H. R. 4376, introduded by Representative Allen of Illinois; H. R. 4400, introduced by Representative Lea; H. R. 4594, introduced by Representative West; H. R. 4749, introduced by Representative Barden; H. R. 4990, introduced by Representative Hoffman; and H. R. 5231, introduced by Representative Hartley.

The Board has previously submitted a report to the Senate Committee on Education and Labor dealing with various proposals for amendment of the act which are similar in many respects to those before this committee. That report, which discusses the Senate bills in considerable detail, is available to the members of this committee. We will, therefore, not attempt an exhaustive analysis of all the proposals in the bills listed above, but will endeavor to give the committee a brief survey of the principal issues involved.

The Board wishes at the outset to make its position clear. We believe unequivocally in the soundness of the basic principles of the act. We believe it vital to the interests of this country and its democratic institutions that those principles be not weakened or abandoned, but preserved and strengthened. Within these limits, however, we approach the question of amendment with a wholly open mind. We welcome at this time a full inquiry by this committee into the operation of the act and into proposals for its amendment. In such an inquiry we are not only willing but anxious to offer the committee. our fullest cooperation.

Numerous proposals for amendment are embodied in the bills before the committee. Read in vacuo certain of these proposals have an apparent justice that is frequently disarming. We cannot urge too strongly that each amendment must be scrutinized in its proper setting against the background of labor relations in this country, the decisions of the courts upon labor issues, the provisions and operation of the present act. Only through such a study will the full implications of the various proposals become apparent.

We, therefore, think it essential first to restate the general principles upon which the act is based and to trace briefly the operation of the act since its enactment in 1935. We shall then summarize our views upon the various specific provisions of the bills under consideration.

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