Section 706. Prevention of unfair labor practices  


Latest version.
  • 1. The board is empowered
      and  directed,  as  hereinafter  provided,  to prevent any employer from
      engaging in any unfair labor practice. This power shall not be  affected
      or  impaired  by  any  means of adjustment, mediation or conciliation in
      labor disputes that have been or may hereafter be established by law.
        2. Whenever a charge has been made that any employer has engaged in or
      is engaging in any unfair labor practice, the board shall have power  to
      issue  and cause to be served upon such employer a complaint stating the
      charges in that respect and containing a notice of  hearing  before  the
      board at a place therein fixed to be held not less than seven days after
      the  serving of said complaint. Any such complaint may be amended by the
      board or its agent conducting the hearing  at  any  time  prior  to  the
      issuance  of  an  order based thereon. The person so complained of shall
      have the right to file an answer to the original  or  amended  complaint
      not  less  than  five days after the service of such original or amended
      complaint and to appear in person or otherwise to give testimony at  the
      place  and  time  set in the complaint. In the discretion of a member or
      agent conducting the hearing, or of the board, any other person  may  be
      allowed to intervene in the said proceeding and to present testimony. In
      any  such  proceeding  the  board  or  its  agent  shall not be bound by
      technical rules of evidence prevailing in the courts of law or equity.
        3. The testimony taken at the hearing shall be reduced to writing  and
      filed  with  the  board.  Thereafter,  in its discretion, the board upon
      notice may take further testimony or hear  argument.  If  upon  all  the
      testimony  taken  the  board  shall  determine  that  the respondent has
      engaged in or is engaging in any unfair labor practice, the board  shall
      state  its  findings  of  fact and shall issue and cause to be served on
      such respondent an order requiring such respondent to cease  and  desist
      from such unfair labor practice, and to take such further affirmative or
      other action as will effectuate the policies of this article, including,
      but  not  limited  to  (a) withdrawal of recognition from and refraining
      from  bargaining  collectively  with  any   employee   organization   or
      association,  agency  or plan defined in this article as a company union
      or established, maintained or assisted by any  action  defined  in  this
      article  as  an  unfair  labor  practice;  (b) awarding of back pay; (c)
      reinstatement with or without back pay  of  any  employee  discriminated
      against  in violation of section seven hundred four, or maintenance of a
      preferential list from which such employee shall be  returned  to  work;
      (d)  reinstatement  with or without back pay of all employees whose work
      has ceased or whose return to work has been delayed or prevented as  the
      result  of  the  aforementioned  or  any  other unfair labor practice in
      respect to any employee or employees or maintenance  of  a  preferential
      list from which such employees shall be returned to work. Such order may
      further  require  such  person to make reports from time to time showing
      the extent to which the order has been complied with. If  upon  all  the
      testimony  the  board shall be of the opinion that the person or persons
      named in the complaint have not engaged in or are not  engaging  in  any
      such  unfair  labor  practice, then the board shall make its findings of
      fact and shall issue an order dismissing the complaint.
        4. Until a transcript of the record in a case shall have been filed in
      a court, as hereinafter provided,  the  board  may  at  any  time,  upon
      reasonable  notice and in such manner as it shall deem proper, modify or
      set aside, in whole or in part, any finding or order made or  issued  by
      it.
        5.  The  board  shall  not  require as a condition of taking action or
      issuing any order under  this  article,  that  employees  on  strike  or
      engaged  in  any other lawful, concerted activity shall discontinue such
      strike or such activity.
    
        6. The board shall consider all complaints or petitions filed with  it
      and  conduct  all  proceedings  under  this  article  with  all possible
      expedition.