N. L. R. B. EXHIBIT No. 424 ILD EXAMINERS AND TRIAL EXAMINERS MCNITT, MCWILLIAMS AND LONG N. L. R. B. EXHIBIT NO. 424-A To: Dr. Towne J. Nylander. From: Benedict Wolf. Subject: Samson Tire & Rubber Corp., Case XXI-R-4. MAY 18, 1936. I have received your memorandum about the above case, and am rather disturbed to learn of Mr. McNitt's reaction in the matter. It certainly indicates & lack of understanding of the realities of the situation. I will await further word from you as to the outcome of his insistence that the union bring its records into the hearings. Sincerely yours, bw/f N. L. R. B. EXHIBIT No. 424-B N. L. R. B.-Form 1 NATIONAL LABOR RELATIONS BOARD, May 22, 1936. MEMORANDUM To: National Labor Relations Board. The union refused to bring their records into court-so McNitt stated he would entertain either a request by the company for a subpena or a motion to strike certain testimony. On motion of the company attorney, and over the strenuous objection of Janofsky, Examiner McNitt ordered the testimony of Wilson on strike talk in the plant stricken from the record. McNitt will submit his report to you shortly as the case was concluded May 20, 1936. McNitt, according to statements made to Janofsky, is convinced of the need for an election, but apparently has some doubts about jurisdiction. TN:V (Signed) TOWNne Nylander, Director. N. L. R. B. EXHIBIT No. 424-C NATIONAL LABOR RELATIONS BOARD, Washington, D. C., June 1, 1938. To: All Regional Directors. Subject: Forms for Memoranda Requesting Authorization of Complaint and'or Hearing, "C" Cases and "R" Cases. Hereafter, in requesting authorization of (a) issuance of complaint and notice of hearing in "C" cases, or (b) investigation and hearing in "R" cases, please conform your request for such authorization to the attached forms. You will note that the forms provide for specification of the field examiner who handled the case, and for specification of the person who prepared and drafted the memorandum requesting authorization. Ordinarily, this memorandum should be drafted by the field examiner who handled the case, under the direction of the regional director. You will also note that the forms provide for concurrence of the regional attorney in the request, after a review of the file by the Legal Division, or for a dissenting memorandum, if the Legal Division and the regional attorney do not concur in the request. This is pursuant to the original instruction, still in force, that the regional director is to request authorization for issuance of complaint or notice of hearing after consultation with the region attorney. The above memorandum requesting authorization for issuance of complaint or hearing should contain all necessary information for the Board's consideration as to whether or not the complaint or hearing should be authorized. However, this memorandum should not amount to a trial brief, and should not contain the detailed formation essential in a field examiner's report. The memorandum should conne itself to statements of evidence available in support of the essential and ultiate facts upon which the case rest. For example, except in borderline cases, or cases involving local power companies, and the like, it is not necessary to go in reat detail as to the corporate organization and affiliations of the respondent, or he extent of its operations; it is sufficient to state that credible evidence, direct, ircumstantial, or documentary, is available in support of the story set forth in he memorandum, and to indicate an opinion as to the strength of such evidence nd the availability of corroborative evidence; all of this in relation to whatever as been learned of the respondent's claimed defense. CONSOLIDATED CASES Where the memorandum requesting authorization of complaint and hearing lso requests an order for consolidation of several "C" cases, or "C" and "R" ases, the forms attached should be conformed to cover the essential features of he cases sought to be consolidated. Thus, where several "C" cases are requested for consolidation the request for a consolidation order should be stated in the very beginning, following the paragraph in the form which begins, "Authorization for issuance of complaint * * Where a consolidation of "C" and "R" cases is sought, the request for an order of consolidation should also be stated in the very first paragraph of the request for authorization. The memorandum will therefore include, in such cases, all of the sections of the attached forms necessary to supply the required information for both the "C" case and the "R" Case, without duplication as to the section entitled "The Company and Its Business"; and where the "C" case involves a charge of refusal to bargain, without duplication of the sections covering the appropriate unit and available evidence of majority. Sections on "Other Material,' "Comments," and "Efforts to Secure Compliance" may also be common to the two cases. All other essential sections, pending on the issues involved in the "C" case, must be included. HEARING DATE Do not ask for a hearing date in the request for authorization. After a hearing has been authorized, communicate with the chief trial examiner for a hearing date. Attachment. NW M-538A NATIONAL LABOR RELATIONS BOARD WASHINGTON, D. C., August 6, 1940. To: All Regional Directors, All Regional Attorneys. Subject: Revised Instructions and Forms for Authorization Requests-“C”, “R”, and "RE" Cases. 1 The Board has considered the experience of the past 2 years with the authorization request forms issued in June 1938, and has considered the various suggestions, made pursuant to its request (M-1083), by members of the staff in Washington and the field for revision of the forms of authorization request, and has directed that the revised instructions which follow and the revised forms which are attached herewith be issued. Hereafter, in requesting authorization of (a) issuances of complaint and notice of hearing in "C" cases, or (b) investigation and hearing in "R" and "RE" a cases, please conform your request for such authorization to the attached forms. **Please note that the new forms require that authorization requests be addressed to Alexander B. Hawes, Chief Administrative Examiner. This becomes effective on August 17, 1940. You will note that the forms provide for specification of the field examiner who handled the case, and for specification of the person who prepared and drafted the memorandum requesting authorization. Ordinarily, this memorandum 1 Material changes in the new instructions and the new forms are marked by asterisks. This does not apply to pro forma requests for authorization in "R" and "RE" cases involving stipulations for certification on consent election. See instructions in M-1183. 218054-41-vol. 24, pt. 2-87 should be drafted by the field examiner who handled the case, under the direction of the regional director. **You will also note that the forms provide for concurrence of the Regional Attorney in the request, after a review of the case by the Legal Division, or for a dissenting memorandum, if the Regional Attorney does not concur in the request. This is pursuant to the original instructions, still in force, that the Regional Director is to request authorization for issuance of complaint or notice of hearing after consultation with the Regional Attorney. It is desired, however, to emphasize the duty of the Regional Attorney in respect to the making of his recommendation. To be of any value it is not sufficient that the Regional Attorney's recommendation be merely "upon the facts as stated in the request for authorization." The Regional Attorney is under the definite duty to review the case (including examination of Field Examiner's reports, examination of documentary evidence, etc.) to such extent as may be necessary in order to (1) assure himself that competent and credible evidence is at hand or immediately available to sustain the allegations of the proposed complaint, and (2) to satisfy himself that as a matter of law the proposed complaint will be sufficient. His signature of the concurrence in the request for authorization will be deemed his certification that the case is meritorious and supported by the evidence. The memorandum requesting authorization for issuance of complaint or hearing should contain all necessary information for the Board's consideration as to whether or not the complaint or hearing should be authorized. However, the memorandum should not amount to a trial brief, and should not contain the detailed information essential in a field examiner's report. The memorandum should confine itself to statements of evidence available in support of the essential and ultimate facts upon which the case rests. **Avoid either generalizing too much or preparing lengthy and detailed reports containing unnecessary and irrelevant information. Recite the basic and essential facts on which you believe there is available evidence to support the elements of each issue involved in the case. Do not report available evidence in terms of "the union's position" or the "union claims" and the "company's position" or the "company claims." Available evidence must be reported on the basis that there are available witnesses or documents to establish the facts set forth in the authorization request. In reporting on interstate commerce, except in borderline cases, or in cases involving local power companies, and the like, it is not necessary to go into great detail as to the corporate organization and affiliations of the respondent, or the extent of its operations; it is sufficient to state the information outline in the form. As to the merits, it is not essential to detail what every witness will testify; it is sufficient to state that credible evidence, direct, circumstantial, or documentary, has been secured or is definitely available in support of the report set forth in the memorandum, and to indicate an opinion as to the strength of such evidence and the availability of corroborative evidence; all of this in relation to whatever has been learned of the respondent's claimed defense. CONSOLIDATED CASES Where the memorandum requesting authorization of complaint and hearing also requests an order for consolidation of several "C" cases, or "C" and "R" cases, the forms attached should be conformed to cover the essential features of the cases sought to be consolidated. Thus, where several "C" cases are requested for consolidation, the request for a consolidation order should be stated in the very beginning, following the paragraph in the form which begins, "Authorization for issuance of complaint Where a consolidation of "C" and "R" cases is sought, the request for an order of consolidation should also be stated in the very first paragraph of the request for authorization. The memorandum will therefore include, in such cases, all of the sections of the attached forms necessary to supply the required information for both the "C" case and the "R" case, without duplication as to the section entitled "The Company and Its Business"; and where the "C" case involves a charge of refusal to bargain, without duplication of the section covering the appropriate unit and available evidence of majority. Sections on "Comments," and "Efforts to Secure Compliance" may also be common to the two cases. All other essential sections, pending on the issues involved in the "C" case, must be included. For instructions on consolidation of "C" and "R" cases, see M-1089. HEARING DATE **Do not ask for a hearing date in the request for authorization. After a aring has been authorized in "C" cases, the case file will be referred to the Washgton Litigation Division for review of trial problems and the Chief Trial Exainer will assign a Trial Examiner pursuant to your request for a hearing date ter clearance on trial problems from that Division. The Litigation Division ll make every effort thus to clear authorized cases promptly and expeditiously. ou should feel free to request a hearing date from the Chief Trial Examiner ortly after receipt of the authorization. **In special circumstances, requiring an immediate hearing, say so in the thorization_request under "Comments," or in a separate memorandum, and rite to the Chief Trial Examiner for a hearing date at the same time. **PRINCIPAL CHANGES IN REVISED INSTRUCTIONS AND FORMS 4 Restatement of Regional Attorney's functions re Covering memorandum authorization requests. Covering memorandum Hearing dates, method of requesting-- Effort to Secure Compliance-adjustment or settle- Form 1, "C" cases Regional Director, Investigation by Field Examiner. Report prepared by Region Subject: Elite Noodle Company, Inc., Location, Case No. XXIII-R-777. AUTHORIZATION AND ORDER FOR INVESTIGATION AND HEARING is hereby requested in the above case. The petition was filed by - (date) (Name of Union, affiliated with the An amended petition was filed on M-538A-Form 1, "C" cases; M-538A-Form 2, "R" cases; M-538 A-Form 3, "RE" cases. --), on THE COMPANY AND ITS BUSINESS NOTE. In reporting the ordinary type of manufacturing case, this part of the memorandum should be made as brief as possible, emphasizing only the percentages of raw materials and finished goods going in and out of the state where the plant is located. State name and address of company; place of its incorporation; licensed to do business in (State) (if necessary); affiliation with other corn panties; any other necessary information as to corporate or business set-up; state nature of company's business. List raw materials used by company. In terms of percentage, dollar volume, or tonnage, state sources of shipments to plant involved (a) from state where plant located and (b) from other states and foreign countries, for past 6 months or 1 year. List company's products. In terms of percentage, tonnage, or dollar volume, state shipment of producte to (a) state where plant located, and (b) to other states and foreign countries, for past 6 months or 1 year. State total number of company's employees; classification of such employes, 2 supervisory, sales, clerical, production and maintenance, and other subdivisions, giving number in each group. State any additional essential information concerning interstate features of company's business, as sales methods, advertising, and other materiai. State whether company will enter into stipulation as to facts concerning its organization and operations. THE LABOR ORGANIZATION (S) INVOLVED State if petitioner is a labor organization. Give names of other labor organizations alleged in petition. Give names of any other labor organizations involved in case as disclosed by preliminary investigation. THE APPROPRIATE UNIT Here state the contentions of the labor organizations involved, and of the employer, as to the appropriate unit. State if it will be possible to secure a stipulation as to the appropriate unit. Also state, in detail, results of preliminary investigation in (a) description of unit or units contended for; (b) total number of employees in such unit or units; (c) classification of employees in such unit or units, stating number of employees in each classification group within unit. THE QUESTION CONCERNING REPRESENTATION State how the question concerning representation was raised, whether by the employer's questioning, in good faith, or the petitioner's claim to exclusive representation; whether by conflicting claims to exclusive representation between several labor organizations; whether by a dispute over the appropriate unit; or otherwise. DETERMINATION OF REPRESENTATIVES State the results of the preliminary investigation as to available evidence indicating the extent to which each of the labor organizations involved has been, by petition, authorized by employees to act as their representative for collective bargaining. State whether, in your opinion, certification is possible on the basis of such evidence, or whether it is your opinion that direction of election may be required. OTHER MATERIAL Here state any other pertinent information bearing on the case, including information as to whether a strike is in effect, or threatened. Also, state whether plant is in full or partial operation at this time, and whether an increase or decrease in production is likely in near future, including possibility of shutdown. Agreements. Here specify if the employer is under an agreement with any organization; give date, duration and expiration date of such agreement; attach copy of agreement, if it is at all possible to secure one. |