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TABLE A.--Comparison of recent case intake experience with budget estimates for fiscal years 1961, 1962, 1963, 1964, 1965, 1966, and 1967

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The pattern of rising intake experienced by the agency reflects the many forces at work within the economy. The unprecedented and uninterrupted rise in gross national product since 1961 has been accompanied by major developments in automation, significant shifts from industrial to service activity, continuation of plant expansions and relocations, and large increases in new jobs, with concomitant increases in determined efforts for union organization and developing patterns of resistance to organization.

The parties filing charges as well as the types of charges filed reflect the forces which are affecting case intake. In 1958 and 1959, 58 percent of charges were filed by individuals, about 30 percent by unions, and 12 percent by employers. In 1965 less than 35 percent of charges were filed by individuals, 49 percent by unions, and 16 percent by employers.

In spite of the relative decrease in the proportion of charges filed by individuals, the actual number filed remained approximately the same, rising from 5.410 in fiscal 1958 to 5,446 filed in fiscal 1965. At the same time the number of charges filed by unions increased from 2,759 in 1958 to 7,737 in 1965, a rise of 280 percent compared with an increase of only 71 percent in the total number of charges filed. Over the same period, charges filed by employers increased from 1,091 to 2,617, or a rise of 240 percent. The rise in employer filings reflects primarily the additional provisions in the 1959 amendments whereas the rise in union filings is a reflection of the increased organizing efforts. The latter conclusion is based upon the results of a sample study indicating that threequarters of all union filings under section 8(a) are directly related to organizing or first bargaining situations.

The unfair labor practice allegations against employers in 1958 totaled 6,068 of which 4,149, or 76.6 percent alleged illegal discrimination against an

individual (sec. 8(a)(3)) and 1,039, or 17.1 percent alleged refusal to bargain in good faith (sec. 8(a) (5)). In 1965, 10,931 charges were filed against employers and 7,367 or 67.4 percent alleged violations of section 8(a) (3) and 3,815 or 34.9 percent, alleged violations of section 8(a) (5). (The sum of these factors is greater than 100 percent because some charges alleged both 8(a) (3) and 8(a) (5) violations in addition to other allegations.) While the number of 8(a)(3) allegations increased from 6,068 to 7,367, or a rise of 21.4 percent, the number of 8(a) (5) allegations increased from 1,039 to 3.815, a rise of 267 percent. The predominant rise in 8(a)(5) allegations (refusal to bargain in good faith) underlies the shift in sources of case filings referred to above and explains, in part, the increasing complexity and difficulty in case processing operations.

Continuing industrial growth

Official Government sources available to us, such as the Report of the Council of Economic Advisers, have forecast a continuation of the Nation's economic growth and expansion. Our regional directors in reviewing the basis for their work estimates for fiscal years 1966 and 1967 have also reported substantial and continuing economic growth activities in their respective areas around the country.

Increased labor union activity

Labor unions, singly and jointly, continue to plan further increases in their organizing activity. The AFL-CIO is conducting joint organizing campaigns in a number of metropolitan areas. The industrial union department of the AFL-CIO has reported publicily that it plans to use new organizing techniques such as grouping unions for dealing with individual nationwide companies, and to organize new occupational groups such as engineers and scientists, retail sales employees, and office workers. Our regional offices in the areas where the AFLCIO and IUD have been active such as Los Angeles, Boston, Winston-Salem, Chicago, Newark, Philadelphia, Baltimore, Houston, and Fort Worth already are feeling the results of this activity or are expecting their workloads to rise soon because of these organizing efforts.

One immediate result has been a more rapid rise in filings of representation petitions than in unfair labor practice charges thus far this year. Our experience, however, indicates that such organizing activity will be followed by increased filings of unfair labor practice charges.

Other factors affecting intake

Automation brings the impact of closing operations or entire plants, subcontracting and other such difficult economic and legal issues to the field of labor relations. As these problems are considered by the Board and the courts, their decisions become the basis for the resolution of everyday problems in the field. They also become the basis for further testing of the law to help the parties spell out their rights and responsibilities under many different and changing sets of circumstances.

WORKLOAD PROCESSING REVIEW

A. The unfair labor practice picture

1. General. The trend in recent experience toward decreasing proportions of unfair labor practice cases requiring withdrawal or dismissal is continuing as evidenced by the comparison of fiscal year 1964 experience with fiscal 1965 shown graphically on page 5. This shift in disposition, of course, means that there is a continuing rise in the proportion of charges found to be meritorious, requiring either informal settlement or formal processing. Additionally, it should be noted that the proportionate rise in meritorious cases increases greatly the investigation job in our field offices and continues to cause a significant rise in the amount of formal work to be handled at all stages despite our very successful settlement program.

2. Effect of increased number of 8(a)(5) charges.—A recent study of our 8(a) (5) charges covering intake and disposition through hearing shows that 8(a) (5) activity has become a major portion of the agency's work. The number of 8(a) (5) charges has risen from 1,039 in 1958 to 3,815 in 1965, a rise of 267 percent. During the same period total charges rose from 9,260 to 15,800, a rise of 71 percent.

Back in 1958 when 8(a) (5) charges constituted only 11 percent of all charges, they were found in 18 percent of complaints and 22 percent of all hearings. By 1965, 8(a) (5) charges constituted 24 percent of all charges, 34 percent of all complaints and 40 percent of all hearings. Since 8(a)(5) charges having merit are difficult to settle, they tend to be responsible for some of the rise in volume of formal (litigated) cases.

3. ULP processing by stages, regional offices.-The regional offices continue to handle effectively the bulk of the agency's work. They have managed to increase the settlement rate despite the fact that much of the increase in intake consists of 8(a) (5) allegations. Increased case filings are still being handled on a current basis as shown by the stability of the average age of cases pending under investigation. The rise in the time required to process a case from filing to complaint and from complaint to hearing is due to two factors. The increase in 8(a) (5) allegations requiring processing to complaint takes more time. At the same time the increasing number of cases set for hearing in the trial calendar makes it more difficult to obtain a hearing date in a reasonably short time and causes delay in processing a case to complaint as well as to hearing.

Trial examiners hearing calendar and decisions

For the past 2 years this stage of formal case processing has constituted a major source of time delay and backlogs affecting subsequent agency operations and, of course, aggravating parties awaiting agency determinations.

Each successive level of corrective agency action whether it was in the form of additional manpower or management improvement in scheduling, calendaring, or improving clerical support seemed to be met with simultaneous overload increases in the volume of work to be handled. In addition, a very recent special study of trial examiner decisions issued during the first 6 months of fiscal year 1966, showed a marked increase of approximately 30 percent in the length of the record developed and the average length of hearing as well as an increase of almost 15 percent in the average length of trial examiner decisions. This is a clear indication that this caseload involved more difficult and complex issues. Whether this increased level of difficulty for hearings and trial examiner decisions will continue into fiscal year 1967 is difficult to determine at this time. However, it has already had a slowdown effect on performance which along with the other factors referred to may make it very difficult for the agency to achieve its performance and reduction of backlog goals in this area of case processing. It should also be noted on the plus side that the agency is striving to overcome these problems by further management improvements directed at achieving higher levels of performance by trial examiners and by the successful recruiting and training of sufficient trial examiners in this current fiscal year to meet mounting work demands (see table B, trial examiner workload, next page).

Legal assistants to Board members

Over the past several years in approximately one out of every four trial examiner decisions, the parties either comply with that decision or they do not file exceptions and only an uncontested Board decision affirming the trial examiner is required. In the remaining three out of every four trial examiner decisions, one or more of the parties have filed exceptions to the trial examiner's decision, requiring a contested Board decision. Recently, a deviation from this experience appears to be developing and this may mean that a slightly lesser proportion of contested Board decisions may be required in the future.

Through continued efforts for improved efficiency of its procedures and its staff, the Board has generally managed to keep up with its rising caseload. In fiscal 1965, the Board issued 744 contested unfair labor practice decisions compared with only 220, 7 years earlier (1958). The goals of 830 for 1966 and 980 for 1967 will be difficult to achieve and will require further emphasis by the Board on its program for internal improvement.

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The proportion of contested Board decisions requiring circuit court activity as a result of petitions for review filed by one or more of the parties or petitions to enforce filed by the agency, has averaged between 50 and 60 percent of all contested Board decisions issued over the past several years. The proportion has been above 60 percent thus far in 1966 and will bear watching. A total of 236 briefs were filed in the circuit courts of appeals during 1965, a reduction of 13 from the peak experience of 1964. However, during the same period the volume of actions pending rose by 50 to a total of 233 pending as of June 30, 1965.

B. The representation case picture

1. General. The processing of representation cases was changed significantly with the implementation of congressional authorization to delegate decisional authority to regional directors. This shifted the burden for approximately 2,000 decisions a year from the Board to its regional directors (see table C), reducing most time delay problems, and providing the Board with additional time for considering and processing the rising volume of contested unfair labor practice decisions.

The success of the delegation has had the gradual effect of inducing parties to agree to elections instead of insisting on hearings and decisions. In fiscal year 1961 before the delegation, 47 percent of petitions filed were handled by agreement for consent or stipulated election. By 1965 the proportion closed by agreement had risen to 54 percent. At the same time the percentage of cases disposed of by hearing, withdrawal, and dismissal is declining (see chart, p. 6). These changes are reflected in plans for 1966 and 1967.

2. Representation processing by stages, regional offices.-Because of the significant rises expected in representation case intake in 1966 and 1967, the work plan provides for increases in all types of dispositions. The main

increases of course are in agreement closings which are estimated to rise from 6,147 in 1965 to 6,735 in 1966, and 6,965 in 1967. Estimated hearings held and regional directors decisions, however, rise more slowly. Hearings are expected to go from 1,964 in 1965 to 2,160 in 1966, and 2,235 in 1967. Regional directors decisions are expected to rise from 1,761 in 1965 to 1,940 in 1966, and 2,005 in 1967.

Legal assistants to the Board

Legal assistants work on requests for review of regional directors' decisions, Board decisions on review or on referral, and Board decisions on objections and challenges occurring primarily in elections conducted under stipulated agreements. The Board decided 205 cases concerning initial representation questions based on referrals from regional directors or on acceptance of petition for review of the regional directors' decisions. This approximate volume is expected to continue during 1966 and 1967.

TIME DELAY

The elimination of time delay in all stages of case processing is one of the most important and continuing agency programs.

In unfair labor practice matters for the most recent period, July-December, 1965, table C on page 19 shows a decrease of 30 days in the overall time from filing to issuance of Board decision when compared with the similar period a year earlier (1964). Further analysis shows however, that the key areas of delay requiring greater effort are still in the critical trial examiner hearing and decision stages of case processing. As reported earlier the agency is keenly aware of this problem and is bending all efforts to assure the reduction of time delay in these areas.

Noteworthy also is the fact that the Board itself in this time period has achieved a substantial reduction in the time it requires for decisional processing. Through continuous effort, this has been declining steadily except for 1964 when there was a temporary increase because of a revision in our regulations to provide additional time to file cross exceptions, as requested by the American Bar Association in the interests of due process.

In the representation case area table C shows a continuation of the substantial improvements made possible through the congressional authority to delegate decisional functions in these cases to regional directors.

The agency is acutely aware of the significance of timely processing of its cases in all stages and is continuously searching for ways and means of keeping unnecessary and unwarranted delays to the absolute minimum.

MANAGEMENT AND PRODUCTIVITY IMPROVEMENT MEASURES

A. Cost reduction program

Our continuing management improvement and cost reduction program, together with further efforts called for by the President's program has developed a plan for estimated cost reduction savings valued at more than $600,000 for fiscal year 1967. These reductions will be accomplished primarily through further efforts to improve the individual and average productivity of our professional case-handling staffs, the clerical services therefor, and related miscellaneous expenses. But for this program and its estimated savings, the agency's 1967 appropriation request would have been increased by this amount plus a slightly larger amount that is being accomplished during fiscal 1966.

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