The New Frontier NLRB by KENNETH C. McGUINESS Published by LABOR POLICY ASSOCIATION, INC. 1815 H STREET, N.W. WASHINGTON 6, D. C. PRICE $6 • A3 MI5 COPYRIGHT 1963 BY LABOR POLICY ASSOCIATION, Inc. 1815 H STREET, N. W. WASHINGTON, D. C. Library of Congress Catalog Card Number 63-18760 THE AUTHOR Kenneth C. McGuiness is singularly qualified by an uncommon breadth of experience to write this effective criticism of the current NLRB. Widely known as one of the truly expert labor lawyers practicing today, he has served as an NLRB policy maker, a consultant to Congress, and as an impartial arbitrator. He has also handled labor matters in a corporate law department and as representative of an employers' association. Mr. McGuiness has been active in the labor law field since 1946, when he joined the California Association of Employers, negotiating labor agreements and advising the members of the Association on a wide variety of labor problems. Later, he joined the staff of U. S. Steel Corporation in San Francisco, handling workmen's compensation cases, wagehour problems, and arbitration proceedings. Early in 1954, Mr. McGuiness came to Washington as Associate Chief Counsel for NLRB Member Albert C. Beeson and, after Mr. Beeson's term ended, held similar posts under Chairman Guy Farmer and Member Boyd Leedom. He was then selected by Theophil C. Kammholz, who had recently been appointed General Counsel, as Associate General Counsel in charge of the Board's regional offices and its case handling before the Board. Upon Mr. Kammholz's resignation, Mr. McGuiness received a recess appointment as General Counsel and served in that capacity for several months. Although one of the first lawyers with a management background to serve as a staff member of the National Labor Relations Board in a high-level position in Washington, he won the lasting respect of the career staff of the agency for his fairness and objectivity. Mr. McGuiness left the Board in 1958 to enter the practice of law in Washington, D. C., and early in 1959 became special consultant to the House Committee on Education and Labor during consideration of the legislation leading to passage of the Landrum-Griffin Act. In this capacity he participated in the hearings on the major labor bills then before the Congress, the Committee executive sessions, and the drafting of Landrum-Griffin. He sat on the floor of the House as an advisor during the debates and participated in the deliberations of the Senate-House Conference Committee, where the final changes in the law were made. Mr. McGuiness was born in Iowa and is a graduate of Iowa State College and of the School of Law of the University of California at Berkeley, California. He is a member of the State Bar of California, the District of Columbia Bar, and of the Labor Law Section of the American Bar Association. He has also served as arbitrator by appointment of the Federal Mediation and Conciliation Service. Co-author of a book entitled, "Practice and Procedure before the National Labor Relations Board," published by the American Law Institute, Mr. McGuiness is a frequent speaker on labor matters. Mr. McGuiness is now the Washington partner of a leading Mid-West law firm. TABLE OF CONTENTS Background of its members-Brown's announce- ment of "case-by-case" approach-policy changes indicated by McCulloch-Rodgers' concept of "case-by-case"-the Board's expertise-its mandate to re-examine existing law-the Supreme Court's view-Congressional disagreement. The 1935 Act-Taft-Hartley amendments-Lan- III CHANGE-REASONED OR RATIONALIZED?.. 16 Statutory protections-Congressional modifica- tions-reasoned change: period for filing repre- sentation petitions revised-rationalized change: First divided opinion-emphasis on case-by-case Background of Section 8(c)-early interpreta- tions-Eisenhower Board policy-Kennedy Board changes-employer statements of "legal position" -predictions-material misrepresentation-unsup- ported statements—“equal opportunity” revived— V |