Administrative Procedure before the National Labor Relations Board

Abstract

VER since it commenced to function in the fall of I935, the National Labor Relations Board has been so constantly the subject of vigorous attack and the center of widespread controversy that objective analysis of its methods of operation has been extremely rare. This has been unfortunate, since a great deal of the criticism would have been obviated if the critics had first made an effort to learn more about the Board's procedure. This procedure is set forth fully in the Board's Rules and Regulations' and is the key to the administrative policy adopted by the Board. A clear understanding of this administrative policy may help to dissipate the confusion which has been caused by the barrage of attacks against the Board. It is of prime importance to realize that there are really two policies involved in the Board's work. One is the policy with regard to substantive matters. This is contained in the National Labor Relations Act.2 The second is the procedural policy which has been adopted to give effect to the substantive rights contained in the Act. Over the first the Board exercised no control. The second was completely within the control of the Board There is only one standard by which the administrative policy of the Board can be judged, and that is its effectiveness in carrying out the policies adopted by Congress and set forth in the National Labor Relations Act.