Evening star., 1937-07-25
LABOR BOARD HIT
FOR ITS RULINGS
Has Failed to Interpret Act
Consistently, US. Cham
ber Holds.

'~'S ~ ~ ~''SSs's
Der Holds.
Declaring that decisions Of the Ma
tional Labor Rela tions Board have
net yet provided definite and consist
ent interpretations of the act which
will enable employers to understand
clearly the extent of their obligations
and their rights under the act" the
Chamber OF Commerce of the United
States last night made public a study
OF board rulings In approximately 200
cases completed in the two-year life
OF the Wagner labor relations law.
The digest was offered without
comment other than that 1t was an
attempt ito make clear the actual
rulings, freed from the surrounding
circumstances Of each case, for it is
through the rulings that an under
standing can be obtained Of the ap-
plications Of the act made by the
board"
1t added that because OF the pur-
pose Of this study, statements as to
rulings are made without reference
to any views respecting desirability
or undesirability, validity or invalid
ity"
Cites Three Factors.
The report cites three major fac
tors that have entered into the
boards decisions - employers rights,
bargaining unit and majority rule
and sets out principles that have been
followed in developing these.
In defining employers rights, the
summary said. the board has held:
AN employer has no right himself
TO request a proceeding by the board
Tor an election among employees to
ascertain the majority choice of
representative for collective bargain
ing, but II the employer joins with
An outside labor organiza ton in max
Ing such request he is given stand
Ing by the board.
An employer has right to dis
charge an employe for inefficiency.
misconduct, or other cause unrelated
to his membership in q labor organ
ization but this right has been denied
IN some instances, where an employe
used company time for union activi-
ties, the board undertaking to deter
mine that there was not interference
with quantity or quality OF work per-
formed.
Right Of Employer.
CAV ,,rL ~
to accept demands made upon him
in the course Of collective bargaining,
but not to terminate collective bar
gaining for that reason, or because
the labor organization involved is vio-
lating an existing agreement"
On the issue Of bargaining unit, the
report continued, "one plant among
four operated by An employer was
held a bargaining unit. while all six
plants Of another employer were held
to constitute a bargaining unit. and
there was no determination as to the
plants OF another employer on the
ground the evidence was inconcluslve
In other instances it has been held
there are several units within
plant
When the board, without holding
an election. certifles an organization
to represent employees in collective
bargaining it requires proof that the
organization in fact is authorized to
act for majority" the report adds
When the board holds an election it
has followed several principles. In its
annual report. which was dated jan
uary, 1887, and which covered the pc
riod ended with June 80. 1896. the
board stated that to the end of this
period it had issued all certifcations
after elections on the basis that a
majority of those eligible to vote had
cast ballots for the organization certi-
fied. In fact, it had during this period
refused certification after an election
eligible employees voted
"On July 3, 1886, however. the board
issued a certificate based on the re-
suits OF an election in which a ma
jority of eligible employees voted, but
less than majority voted for the
organization accepted by the board.
This was followed by other cases, in
cluding a case in which, although only
about one-third Of the eligible en-
ployes voted, the board certified the
organization receiving q majority OF
this minority"
Report Quotes Consideration.
The report quotes these consider
ations which are said, in varying de-
gress, to have had weight in each case:
History Of labor relations in industry;
history Of labor relations between en-
ployer and his employe; skill of en-
ployes; functional conference of en-
ployes; mutual interests of employees;
wage rates; organization of employ
er's business: form self-organization
takes; eligibility rules of employees
organiza tions.
The board" the report says. "has
repeatedly ruled that discharges or
layoffs OF union members for reasons
not considered by the board to be
convincing and adequate constitute
illegal determinations against labor
organizations whenever there Is sub
stantial evidence that the termination
OF employment was attributable to
union ACTIVITIES
One OF the cases cited was that
recently decided against the Willard
Hotel when a waiter and waitress were
ordered restored IN d,,ty hy TIA hoora