Page:United States Statutes at Large Volume 49 Part 1.djvu/498

 74TH CONGRESS. SESS. I. CH. 372. JULY 5, 1935. 453 (4) To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this Act. (5)To refuse to bargain collectively with the representatives of his employees, subject to the provisions of Section 9 (a). Representatives and elections. SEC. 9. (a) Representatives designated or selected for the pur- Majority rule prin- poses of collective bargaining by the majority of the employees in gaining, collective bar- poses unit appropriate for such purposes, shall be the exclusive repre- sentatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employmen t, or othe r condition s of emplo yment : Provided, That P -4- Individual right to any individual employee or a group of employees shall have the present grievances. right at any time to present grievances to their employer. (b) The Board shall decide in each case whether, iii order to Standards for appro. insure to employees the full benefit of their right to self-organiza- priate bargaining, etc . tion and to collect ive barga ining, and otherwise to effect uate the policies of this Act, the unit appropriate for the purposes of collec- tive bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof. (c) Whenever a question affecting commerce arises concerning Repres entatives of emplo yees. the representation of employees, the Board may investigate Such Met hod for selectin g, controversy and certify to the parties, in writing, the name or etc . names of the representatives that have been designated or selected. In any such investigation, the Board shall provide for an appro- H e a r i n g s e priate hearing upon due notice, either in conjunction with a proceed- ing under section 1 0 or othe rwise, and may take a secret b allot of employ ees, or ut ilize any other suit able metho d to ascer tin 1 suc h repr ese ntat ives. (d) Whenever an order of the Board made pursuant to section on Bo ard f egoigr esults s ..d 10 (c) is based in whole or in part upon facts certified followin an investigation pursuant to subsection (c) of this section, an Enforcement or re- there is a petition for the enforcement or review of such order, such view . certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under sub- sections 10 (e) or 10 (f), and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the Board shall be made and entered upon the pleadings, testi- mony, and proceedings set forth in such transcript. PR EVEN TION OF UNFAIR LABOR P RACTICES SEC. 10. a The Board is empowered, as hereinafter r ovid ed Prevention of un- p > fair labor practices, to prevent any person from engaging in any unfair labor practice affecting commerce. (listed in section 8) affecting commerce. This power shall be Authority of Board. exclusive, and shal l not be affected b y any othe r means of adjust- ment or prevention . t hat has been or may be esta bli shed by agre e- ment, code, law, or otherwise. (b) W henever it is charg ed that an y person h as engaged in or is Complaints; filing. engagin g in any s uch unfair labor prac tice, the Board, or a ny agent or agency designated by the Board for such purposes, shall Service of charges. have power to issue and cause to be served upon such person a com- plaint stating the charges in that respect, and containing a notice Votics of hearin g. of hearing before the Board or a member thereof, or before a desig- nated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint. Any such complaint may be lao endment of coru- REPRESENTATIVES AND ELECTIONS ame nded by the member, agent, or agency conducting the hearing i' 2 So in original.