§ 706 — Prevention of unfair labor practices

§ 706. Prevention of unfair labor practices. 1. The board is empowered\nand directed, as hereinafter provided, to prevent any employer from\nengaging in any unfair labor practice. This power shall not be affected\nor impaired by any means of adjustment, mediation or conciliation in\nlabor disputes that have been or may hereafter be established by law.\n 2. Whenever a charge has been made that any employer has engaged in or\nis engaging in any unfair labor practice, the board or its agent shall\nhave the power to serve upon such employer a copy of the charge that was\nfiled with the board and a notice setting the date for the service and\nfiling of an answer. Any such charge may be amended from time to time\nprior to the issuance of an order based thereon. The employer or the\nperson so charged shall have the right to file an answer to the original\nor amended charge and to appear in person or otherwise to give testimony\nat the place and time set by the board or its agent. In the discretion\nof a member or agent conducting the hearing, or of the board, any other\nperson may be allowed to intervene in the said proceeding and to present\ntestimony. In any such proceeding the board or its agent shall not be\nbound by technical rules of evidence prevailing in the courts of law or\nequity.\n 3. The testimony taken at the hearing shall be reduced to writing and\nfiled with the board. Thereafter, in its discretion, the board upon\nnotice may take further testimony or hear argument. If upon all the\ntestimony taken the board shall determine that the respondent has\nengaged in or is engaging in any unfair labor practice, the board shall\nstate its findings of fact and shall issue and cause to be served on\nsuch respondent an order requiring such respondent to cease and desist\nfrom such unfair labor practice, and to take such further affirmative or\nother action as will effectuate the policies of this article, including,\nbut not limited to (a) withdrawal of recognition from and refraining\nfrom bargaining collectively with any employee organization or\nassociation, agency or plan defined in this article as a company union\nor established, maintained or assisted by any action defined in this\narticle as an unfair labor practice; (b) awarding of back pay; (c)\nreinstatement with or without back pay of any employee discriminated\nagainst in violation of section seven hundred four, or maintenance of a\npreferential list from which such employee shall be returned to work;\n(d) reinstatement with or without back pay of all employees whose work\nhas ceased or whose return to work has been delayed or prevented as the\nresult of the aforementioned or any other unfair labor practice in\nrespect to any employee or employees or maintenance of a preferential\nlist from which such employees shall be returned to work. Such order may\nfurther require such person to make reports from time to time showing\nthe extent to which the order has been complied with. If upon all the\ntestimony the board shall be of the opinion that the person or persons\nnamed in the complaint have not engaged in or are not engaging in any\nsuch unfair labor practice, then the board shall make its findings of\nfact and shall issue an order dismissing the complaint.\n 4. Until a transcript of the record in a case shall have been filed in\na court, as hereinafter provided, the board may at any time, upon\nreasonable notice and in such manner as it shall deem proper, modify or\nset aside, in whole or in part, any finding or order made or issued by\nit.\n 5. The board shall not require as a condition of taking action or\nissuing any order under this article, that employees on strike or\nengaged in any other lawful, concerted activity shall discontinue such\nstrike or such activity.\n 6. The board shall consider all complaints or petitions filed with it\nand conduct all proceedings under this article with all possible\nexpedition.\n