The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1940-03-08

and argue orally before the board.
Proposed: Three man board, also
appointed by president but no more
than two of whom shall be members
of the same political party, would
follow same judicial practices as
present board.
ENFORCEMENT
Present: Enforced or modified by
order of U. s. circuit court of APP
peals on motion of board.
Proposed: A $4,000 a year admin
istrator, appointed by the president
would ask court enforcement Of
board orders.
ADMINISTRATIVE
Present: Board, through its Sec
rotary, regional director, and other
employees, receives charges and rep
resentation petitions, directs inves-
tigation of them, authorizes issu-
ance of complaint, sets hearing dates,
and assigns trial examiners and trial
attorneys to conduct hearings.
Proposed: Administrator, through
his secretary and administrative
aides, would carry on investigatory
and hearing functions Of the present
board.
FREE SPEECH
Present: Board, in some cases has
construed anti-union remarks of
employers to be interference" with
the right Of employees to self Or
ganization.
Proposed: Board would not be al
lowed to construe or interpret the
act as prohibiting "any expressions
of opinion (by employers with re-
spect to any matter which may be
of interest to employees or to the
general public, provided that such
expressions or opinion are not &C
companied by acts or threats of dis
elimination, intimidation, or coer-
cion."
Representation Cases
Present: Board may fix appropri-
ate bargaining unit and certify UNI
ion as exclusive bargaining agency
for employees, with or without cleo
ton, If convinced union represents
majority. No time limit on frequency
Of elections, but general policy is
one year. At its discretion, board
may, but never has, order elections
at request of employer II ne is faced
by conflicting demands of two rival
unions, neither of which will ask for
board determination Of their
Strength. Federal courts may not re-
view representation decisions.
Proposed: Board would not in
tervene in AFL-CIO representation
appropriate unit. Employer would
BE- relieved Of responsibility to bar
gain with either union until board
certifies majority group. Board
would be reuired to order elections
on request of employer Caught in
middle" by conflicting union groups,
or on petition of 40 per cent of en-
ployes representing bona fide union.
Board would not be allowed to GER
tify on basis of union membership
cards, but would be required to con-
duct secret ballot election. Courts
would review representation de-
cisionS.
Back Pay for Reinstated Employees
Present: No limitation on amount
or length of time for which back
pay may be ordered if employe dis
charged for union activity Is REIN
stated by board order, but the board
deducts from back pay total earn
ings at other jobs while awaiting
reinstatement.
Proposed: No reinstated employe
would be allowed to receive more
than six months back pay.
/ Requirement to Bargain Collectively
Present: Board has held that act
requires bargaining lin good faith,"
which includes counter proposals by
employer If union demands are re-
jected, and signed contract If
agreement is reached in bargaining.
Proposed: Employer would not be
required to make counter proposals,
and questions of whether act re-
quires written agreement would be
left to courts (test cases in which
circuit courts of appeals have ruled
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