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of the employees for the purpose of collective bargaining. The number of these elections has increased tremendously, 162 such elections having been held since the Supreme Court decisions, in addition to 21 which were ordered by the Board after hearings. Elections involve highly technical procedures which parallel the election procedures set forth in State and municipal constitutions and charters. They require the services of experienced and carefully trained examiners who are called upon to supervise large corps of per diem employees who act as tellers and election clerks, as well as the printing of formal notices and ballots. Two such elections recently conducted by the Board, which will be alludea to more particularly later, were those held in the Packard Motors Co. plant and in the three plants of the Jones & Laughlin Steel Co. In the first 15,000 employees voted; in the second, 27,000. In the first case, the election was held to prevent a strike, and in the second, as a means of settling a serious stike which threatened to grow to large proportions, but which was concluded in about 36 hours as a result of the agreement to hold an election.
The 1938 appropriation of $750,000 for salaries and other expenses (Public No. 171, 75th Cong.) carries $250,126 for 80.2 permanent field positions. This averages less than 4 persons for each of 21 regional offices; regional directors, examiners, attorneys, and stenographic and clerical assistance all included. The inadequacy of such an allowance needs no advertising. The Board made it clear at the hearing on the regular 1938 appropriation before the House Appropriations Committee's Subcommittee that if the act were declared applicable to the employees of corporations engaged in production the then projected budget would be insufficient.
Although the field staff was not adequate to carry the work prior to the decisions, as evidenced by the fact that there were 600 cases pending on April 12, 1937, the accompanying estimate provides for only 308 additional directors, examiners, attorneys, and clerical assistants in the regional offices at a cost of $838,163. One additional regional office has been created, and three are contemplated. This is an average of 15 persons per regional office, although, of course, their distribution is determined by volume of work in each region. It will be noted that 25 directors and 132 examiners have been provided for. On them rests the responsibility not only for bringing about peaceful adjustments, but for formal investigation of the merits of the charges or petitions. Only 79 attorneys (approximately 3 to each office) have been provided for. They are occupied with the trial of cases before the Board or its representatives, including preliminary interviews with witnesses, and the preparation of complaints and other formal papers.
It takes at least 3 weeks to prepare a case for trial and, in the field, an average of 8 days per case to hear. In order therefore to assay properly the estimate for attorneys in the field, some comparative statistics on the number of cases heard before and since the decisions is in order. A total of 313 were heard prior to April 12, 1937—an average of 15.6 cases per month. Since the decisions, and up to July 1, a total of 196 cases has been heard-an average of 784 per month. From these figures it will readily be seen that 79 field attorneys will be barely enough to handle the volume of work.
LENGTH OF HEARINGS
It was said above that the average length of hearings prior to the decisions was 1 week. It must be borne in mind, however, that many employers were not contesting the merits of the charge and complaint; they were in many important cases contenting themselves with an appearance with motion to dismiss because they considered the act unconstitutional or inapplicable to their particular operations. Hearings are going to be of greater duration in the future because all employers are now contesting the merits of cases instead of relying on the position that the act is unconstitutional or inapplicable. This means bringing in witnesses of their own and cross-examining the Board's witnesses, all of which will lengthen records of hearings and increase expense.
To summarize with respect to estimate for permanent field staff:
1. The field staff was inadequate to handle the burden of cases prior to the decision, as was evidenced by the fact that one-fourth of all cases received during that time were pending on April 12.
2. Cases received have increased by more than 1,000 percent since the decisions. 3. Present estimates cover increases over pending appropriation estimates for
(a) An increase of seven in the number of regional directors to fill four vacant existing offices and to create three more.
(b) An increase of 121 in the number of field examiners. (c) An increase of 134 in the number of stenographers and clerical assistants. (d) The addition of 24 messengers. (e) An increase of approximately 60 attorneys.
4. It is not certain that these increases will enable the field to keep abreast of the demands being made upon the Board, nor will it be apparent until
(a) New experience in adjusting cases informally before the institution of hearing and decision proceedings is demonstrated.
(6) New experience is acquired in length of hearings considering the new problems raised by the court decisions.
TEMPORARY FIELD EMPLOYEES
We have estimated that $75,000 will be needed for this item.
We have alluded previously to the election work of the Board and have described in some detail two of the major elections which have been conducted since the Supreme Court decisions. In each case the employment of the necessary per diem election clerks and tellers cost over $1,000. A total of 183 elections, consent and ordered, have been conducted so far since the decisions, and the number pending is proportionately greater. The election device is one of the most useful for the peaceful settling of labor disputes, but it must be promptly used and effectively administered. The permanent staff of directors and field examiners provided for in this budget is sufficient only for the management and supervision of such elections. The New York regional office alone has conducted 47 such elections in the period of time mentioned.
As soon as it was demonstrated that the increased volume of cases following the Supreme Court decisions was a continuing one, the Board began to select additional qualified personnel to meet its needs under this estimated budget. The result is that appointments of the increased personnel will be made immediately the supplementary appropriation becomes available. The Board is prepared to increase its staff immediately to the point where the work can be taken care of.
Increases in estimates will be discussed by sections in the light of facts disclosed in discussion of the field service where most of our cases originate.
A chief trial examiner is provided for. Heretofore the secretary of the Board has been responsible for training, assignments of trial examiners, and for supervision of conduct of hearings, intermediate reports, etc. He can no longer carry this burden of work with that of the office he holds. The total number of trial examiners is increased by 22 over the provision in the 1938 appropriation.
As has been said before, hearings have averaged 7872 per month in the field since the decisions. Each will probably average longer than the 1 week averaged by those in the past. Many run 5 or 6 weeks. After hearings, trial examiners must prepare intermediate reports in complaint cases, making their findings from the evidence on commerce and the merits of the complaints, and recommending necessary steps and remedies to correct infractions of the law if any are found. With time consumed in travel, hearing, and making reports, it is doubtful whether a trial examiner can properly sit in more than two cases per month. The above estimate requires that they shall each handle three hearings during a month, at the present rate of hearings. Certainly the estimate is conservative considering the volume of work.
Two regional supervisors have been restored to the Budget. It is found imperative to fill these positions and to do so with men of a high degree of administrative ability and well established knowledge of labor-relations technique. Traveling supervision is necessary and the regional offices cannot be properly administered without it.
Special investigator is a new designation of one of the original grade P-4 economists. It represents no new position.
Chief Clerk represents a new position to take care of the great increase in administrative routine necessary to satisfy the requirements of the increased activities and larger staff of the Board and its regional agencies. The Assistant Secretary who used to perform these functions in addition to some of the substantive work of the Board now will be needed entirely for the latter. An assistant to the Chief Clerk has also been provided for.
Three senior administrative assistants have been provided for. They are to act as confidential clerks to the Board members for the purpose of assisting the Board to keep up with the volume of cases, and to make special studies where needed for the members' work,
Senior clerks (grade 7): One is the docket clerk and the other a printing supply clerk rendered necessary by the extensive field and Washington printing for elections and litigations.
Senior clerk (grade 5). One is the chief of files and mails and the second is the assistant chief of docket.
Clerks (grade CAF-4). The present estimate shows an increase of nine people. They are placed as follows: Three assistant docket clerks, two personnel record clerks, two voucher auditors, and two supply clerks.
Clerk-stenographers (grade CAF-4). Increased by five, distributed as follows: One for chief trial examiner, three for administrative assistants, and 1 for Chief Clerk.
Clerks (grade CAF-3). Increased by four, distributed as follows: Two statistical clerks, two junior fiscal accounting clerks.
Senior stenographers (grade CAF-3). Increased by 32 positions. These stenographers are needed to take the technical dictation of the legal and economie staffs, increases in which are to be discussed in the following pages. It is sufficient to say here that a corps of 35 senior stenographers is a conservative estimate to handle the work of 145 attorneys, trial examiners, and economists.
These positions are classified, as are all others, by the Civil Service Commission.
Junior clerks (grade CAF-2). Increased by seven, as follows: Five file clerks, one telephone operator, and one mimeograph operator.
Senior typists (grade CAF-2). Increased by six, as follows: To the stenographic pool.
Junior typists (grade CAF-1). Increased by nine, as follows: Three to the files division, and six to the stenographic pool.
Under clerk (grade CAF-1). Increased by 12, as follows: 10 to the files and docket sections, and 2 to the accounting section.
Custodial service is being increased by 10 regular messengers, 1 head messenger, 1 chauffeur to drive the delivery truck to be purchased for carrying of mail, etc., and two porters, and 3 guards with necessary relief.
LEGAL, REVIEW SECTION
This division has the responsibility of reviewing all case records which come to the Board for decisions after hearing. The cases are assigned to individual attorneys who review to determine the facts developed by the evidence. This is presented to the Board both in oral and written form; the Board makes its decision, i. e., the application of the law to the facts established by the evidence and the review attorney writes the preliminary draft of the decision subject to the Board's opinion. This is reviewed and corrected by the Board before final issuance.
The 1938 appropriation provides for 13 such review attorneys. This estimate provides for 37 in all, or an additional 24. Whether this increase will suffice in view of the facts shown to support the increase in the field legal and other technical forces is not certain. It is clear, however, that the increase shown in average monthly number of cases heard from 15.6 to 7872 will be directly reflected by a similar increase in the work of the review division.
LEGAL, LITIGATION SECTION
An increase of approximately 34 attorneys qualified to prepare briefs and ora? arg nent and to present the latter has been estimated. It will be recalled that a force composed of the general counsel with approximately 11 such men defended the Board and the act in some 90 injunction proceedings in the fiscal years 1936 and 1937, and that in addition they brought to a successful conclusion litigation before the Supreme Court under section 10 (e) and (f) of the N. I. R. A. While the achievement is probably unique in the annals of both Government and private practice of the law, it was an almost intolerable burden on the staff which cannot continue to carry such a volume of work.
It is impossible to gage accurately the amount of future litigation. Prior to the decisions by the Supreme Court in the five cases under the National Labor Relations Act, the Board (save in a few instances) withheld the filing of petitions
for judicial enforcement of its orders made in other cases. Following the Supreme Court decisions, all other cases in which the Board had issued orders to cease and desist were referred back to the Board's regional directors in order that it might be ascertained whether the orders had been complied with or whether enforcement proceedings would be necessary. Of the cases decided by the Board up to July 1, 1937, there are approximately 50 cases in which petitions for enforcement will probably have to be filed. Added to this very considerable accumulation of cases, there will be a great number of instances in which cases currently decided must be presented to the courts for enforcement. The volume of cases being filed in the Board's regional offices has tremendously increased and it is reasonable to assume that there will be a very large increase in the number of cases handled by the Board and thereafter submitted to the courts.
ECONOMIC SECTION Data supporting the increase in the size of the economic staff must also be sought in discussion of increased burden of work in the field. It is proper, however, to summarize the work of the Division so that the Bureau of the Budget may understand the necessity for its existence and the type of work it has to handle. It is required by the Board to prepare the following types of economic and factual material for hearings:
In each case which goes to hearing the attorney for the Board must present data on the economic and financial background of the industry to which the employer belongs related insofar as is possible to the business of the particular firm involved. This work requires the efforts of two competent assistant economists at all times working on the preparation of material which is available from the Bureau of the Census, Department of Commerce, the library of the Department of Labor, etc. Their work requires supervision at all times.
No border line was set by the Supreme Court on the extent of interstate commerce necessary to justify the Board's taking jurisdiction. Consequently, preparation of material on interstate commerce with respect to those employers whose business is more limited than was that of many of those emplovers involved in the cases before the Supreme Court requires very painstaking presentation. The economic material is after all the important consideration in these cases, since it is principally involved in the establishment of a new frontier for the Board's activities.
In industries in which the Board is handling its first cases or which present important and novel aspects in their relation to interstate commerce the economic division makes exhaustive surveys on all materials available with respect to these problems both in connection with the individual firm and the industry itself. It is estimated that it takes one person from 1 month to 6 weeks to prepare one such case.
In addition to the work of preparing economic data for administrative hearings, a great deal of work goes into the preparation of economic material for briefs in cases which go after hearing before the Board to a United States Circuit Court of Appeals or the United States Supreme Court. Inasmuch as limits of jurisdiction have yet to be established in cases to be taken before the Supreme Court, this work will not diminish but will increase materially in the next fiscal year.
As was stated under this heading in discussing the field staff, the Board has been interviewing applicants and making selections of qualified personnel of all classes since the Supreme Court decisions. These selections are, of course, contingent on the availability of the appropriations herein estimated. But immediately the appropriation becomes available the vacancies in the staff will be filled by the selected personnel, and the lapses will accordingly be smaller than if the process of selection had been delayed.
Appropriation $85,000 was obligated on this object of classification for the 1937 fiscal year. With such a greatly increased field staff as is estimated for, the expenditure of $90,000 additional for the next fiscal year seems conservative indeed. In its effort to settle disputes peacefully before strikes and lock-outs occur, and to investigate circumstances of disputes on the ground, the field staff is traveling constantly, as will be also the regional supervisors and the departmental litigation staff. 148745–37
The Board has incurred obligations totaling approximately $30,000 on this account in the last fiscal year. A heavy increase in fixed charges has already been authorized owing to the inadequacy of the telephone equipment in the field as well as in the departmental office. This, together with the necessity for speedy communication with the Board because of the exceedingly emergent nature of the work necessitates the additional estimate to finance communications next year.
The Board has just awarded a contract for reporting services for 1938. Rates are 12cf cents and 25 cents per page, respectively, for ordinary and daily copy in the field where most of the reporting expense is incurred. Computing costs for ordinary copy on the present volume of hearings of the average length of the past we estimate this item will cost $131,250. All hearings except arguments before the Board must be and are transcribed. No comparison can be made with the experience of 1937 for this item owing to the delay or prevention of the Board's administrative hearings during that year by injunction proceedings. These affected not only the cases in which they were filed but in many instances prevented the Board from functioning in whole areas during their pendency.
Field: Of the 22 regional offices, 9 are at present housed in Federal buildings in areas of from 400 to 2,000 square feet. One is in a building rented by the Government for which a maintenance charge of 75 cents is paid. The other 12 are in rented space. The increase in regional staff previously described necessitates & substantial increase in the space occupied by each office. Since the Supreme Court decisions the increase in business has flooded the offices with callers on official business to such an extent that the regional directors have been forced to hold many of their conferences in public corridors of the office buildings where they are situated. Such a situation is intolerable, and accordingly the Board has tried to secure additional Federal space in the field, and failing that has authorized the renting of additional space. Minimum estimate for this increase in field space is $70,500, since both Procurement Division and the Post Office have advised us that additional space is not available. This estimate covers office space of from 2,100 square feet as a minimum in such cities as Baltimore, Milwaukee, Minneapolis, and New Orleans, to 5,100 square feet in New York City. Wherever possible the Board has secured commitments on new Federal space to be available within the next 2 or 3 years, and therefore this item, it is hoped, will be reduced in future years, although if the rate of growth in the Board's activities continues it may of course grow larger.
Washington: The Board is now unable to function in its limited space. Congestion of space in mails and files, docket, accounting and personnel record section, the legal division, in fact in all divisions, is so severe that work of the most important nature cannot be cleared daily. Minimum estimate of necessary space is at present 40,000 square feet. National Park Service is conducting a vigorous search for such space and it is apparent from the offerings to date that such space will cost not less than $87,000 per annum.
FURNITURE AND EQUIPMENT This is a conservative estimate for new equipment, desks, chairs, typewriters, etc., to accommodate the new staff both here and in the field.
SUPPLIES AND MATERIALS
The increase of $11,875 in the estimate is to cover materials for the great increase in the paper work, etc., necessitated by the case load.
PRINTING AND BINDING
We estimate that the Board has obligated during the last fiscal year a total of $42,000 for printing and binding. Appropriated funds totaled $35,000; $7,000 is being spent out of emergency funds available for this purpose. It has been previously stated herein that the great increase in the number of elections conducted by the regional agencies obligates our printing and binding funds heavily. The heaviest obligations, however, will be incurred for the printing of records,