Prevention Of Unfair Labor Practices

Author: Michael D. Haberman - SPHR
Sec. 10 The Board has the power to prevent any person from engaging in any unfair labor practice listed in section 8 affecting commerce. This power must not be affected by any other means of modification or prevention that has been or may be recognized by agreement, law.
1. Prevention
The Board is given the power by agreement with any agency of any Territory or State to concede to such agency jurisdiction over any kind of cases in any industry (other than mining, manufacturing, transportation and communications except where predominantly local in character) even though such kind of cases could involve labor disputes that affects commerce, unless the provision of the Territorial or State statute applicable to the determination of such cases by such agency is inconsistent with the equivalent provision of this Act has gained a construction inconsistent therewith.
2. Issue And Cause
Any person has engaged in or is engaging in any such unfair labor practice, the agent designated by the Board for such purposes, shall be empowered to issue and cause to be served upon such person a complaint stating the charges in that respect. They will also be served a notice of hearing before the Board or a member or before a designated agent or agency, at a place fixed, not less than five days after the serving of the said complaint. No complaint must be issued based on any unfair labor practice taking place more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person alongside whom such a charge is being made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces. On such occasion the six- month period shall be computed from the day of his discharge. Such complaint may be altered by the agent, member or agency conducting the hearing or the Board in its discretion at any time prior to the issuance of an order based thereon.
3. Reduction Of Testimony To Writing
Reduction of testimony to writing; findings and orders of Board. The testimony taken by such a member, agency or the Board shall be condensed to writing and filed with the Board. Thereafter, the Board upon notice may take further testimony or hear argument. If upon the predominance of the testimony taken, the Board shall be of the view that any person, who has been named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board must state its findings of fact and must issue and cause to be served on such an individual an order necessitating such individual to cease and stop from such unfair labor practice, and to implement such affirmative action including restoration of workers with or without back pay, as will effectuate the policies of this Act.
4. Amendment Of Findings
Amendment of findings or orders prior to filing record in court-Until the case record have been filed in a court, as hereinafter provided, the anytime upon reasonable notice and in such way as it shall think proper, alter or set aside, in whole or in part, any discovery or order made or issued by it.
5. Evaluation Of The Final Order
Evaluation of the final order of the Board on petition to court-- Any person aggrieved by the final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order in any United States court of appeals.
6. The Board Must Be Empowered
The Board must be empowered upon issuance of a complaint as provided in subsection (b) [of this section] charging that any individual has engaged or is engaging in an unfair labor practice, to petition any United States district court, within any of the districts wherein the unfair labor practice in question is alleged to have occurred.

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