National Labor Board - E.O. 6580 and Representational Exclusivity

E.O. 6580 and Representational Exclusivity

To strengthen the NLB's powers vis-a-vis employers, President Roosevelt issued Executive Order 6511 on December 16, 1933.

The order ratified the Board's prior activities, including its decisions and representational elections. The order also authorized the Board to "settle by mediation, conciliation or arbitration all controversies between employers and employees which tend to impede the purpose of the National Industrial Recovery Act."

But E.O. 6511 said nothing about elections, and did not address the Board's enforcement powers.

Roosevelt issued a new order, E.O. 6580, on February 1, 1934. The order gave the Board explicit power to authorize, upon a showing by a substantial number of employees, representational elections to determine majority status. The order appeared to give the winning organization exclusive representation for employees in the bargaining unit, but this interpretation was widely contested.

Worse, Roosevelt made the off-hand public comment that the government was seeking to check the growth of company unions. This caused a firestorm of discontent among business owners, who began an anti-Wagner campaign.

Johnson was forced to issue a statement denying that the NRA or the administration was seeking to stamp out company unions. His statement also rejected the concept of exclusive representation.