Evening star., 1940-03-07

compels IN employer to enter into
an agreement with the representa-
tives Of q majority Of his employees In
an appropriate bargaining'unit. The
Supreme Court, in the Jones-Laugh-
lin CASE 193D, 30i U. s. l, stated
that there was nothing in the act
to compel an agreement, and the
committee proposes to write into
the act In terms that cannot be
misunderstood the rules thus AN
nounced by the Supreme Court.
Bargain collectively" Is defined as
including the requirement that en-
ployer meet and confer with his en-
ployes or their representatives, listen
to their complaints, and make every
reasonable effort to compose differ
ences, but is not to be construed as
compelling either party to reach an
agreement or to make counter pro-
posals. This definition is in sub
stance the definition announced by
the Supreme Court in the Virginian
Railway case (193D, 800 U. s. Sis.
Statute Of Limitations
Applied to Payments.
Under the amendments recon-
mended, statutes Of limitations are
provided for in two instances. First,
1t Is provided that no complaint can
be issued which is based on a charge
Of any unfair labor practice which
occurred more than six months prior
to the time such charge was made
to the administration. Second, it
Is provided that no order for the
payment Of back pay or other money
shall order such payment with re-
spect to a period longer than six
months.
Cases have been brought to the
attention of the committee where
the decision Of the board has not
been rendered until at least ID
months after the case was argued
before the board, and in which the
board has issued an order directing
the payment of money during this
entire period Of time 1t is hoped
that this provision will act to speed
up board decisions.
Effect of Examiners
intermediate Report.
An amendment recommended by
the committee provides that in situ-
ations where the case is heard be-
fore single member Of the board
or before trial examiner, such
member or examiner shall prepare
and serve on the parties an inter-
mediate report together with a rec
commended order, and that unless
exceptions are filed thereto within
20 days after service, or within such
further period of time as the board
may allow, such recommended order
will become the order Of the board.
The board is given power at any
time prior to the filing in court for
petition for review or enforcement
to modify any such order or any
other order issued or made by it.
Under the amendments recon-
mended. the term agricultural
labor" is clarified by definition.
Such term is not defined in the
present law, and the board In the
North Whittier Heights case has
held that employees of farm CO.
operatives are not agricultural labor
This decision of the board was
affirmed by the Circuit Court, Of
Appeals, and hence an amendment
Is necessary to exclude from the
coverage of the act employees which
1t was never the intention Of Con-
gress to include in that coverage.
Hence the committee recommends
that agricultural labor" have ,the
same meaning as in the Social
Security Act. This definition was
carefully worked out by the Com
mittee on Ways and Means. and has
been passed upon and approved by
both Houses Of Congress.
Under the amendments recon-
mended the board will be effectively
precluded from setting up an eco
nomics division. The hearings be.
fore the committee indicate that
there is no justification whatsoever
for the existence of this division,
and there will be less justification
| for its existence under the other
amendments which impose on the
board the exercise of judicial func-
tions only.