Public Control of Labor Relations: A Study of the National Labor Relations Board

By D. O. Bowman | Go to book overview

Chapter XXIII. LABOR RELATIONS AND PUBLIC POLICY

A. State Labor Relations Laws

One result of the passage of the Wagner Act was the enactment of labor relations laws by certain state legislatures. Such laws were patterned after the national legislation. and labor boards created by state laws were empowered to do for intrastate commerce what the National Labor Relations Board was doing in interstate commerce. The problem of interstate commerce v. intrastate commerce could have been a source of conflict between state boards and the National Labor Relations Board, but no such result occurred because of the cooperative efforts of the boards in both jurisdictions. Administrative procedure and the application of principles were fairly common to both the National Labor Relations Board and the state boards, especially between 1939 and 1940. Between the state boards and the national board there was informal transfer of cases, with a minimum of delay and misunderstanding, whenever a case was jurisdictionally in error. By 1941, some of the state boards were handling representation cases (elections) over which the national board might properly assert jurisdiction; yet where all parties accepted the certification of the state agency the national board did not hear of the case. Only in the event that there was irregularity charged in a proceeding where the National Labor Relations Board might properly have jurisdiction would the national board investigate and render a certification. The extent to which the state agencies' certifications were honored by the National Labor Relations Board may be indicated by pointing out that where, say, a one-year agreement resulted from a proper and unprotested certification by a state board, the National Labor Relations

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