Stanley Forman Reed

“ Such normal noncompliance at the time of filing a charge should not work to frustrate the Act's purpose of remedying unfair labor practices committed against unions which do have leadership willing to comply. ”

“ The filing of a charge, which is subject to dismissal within 10 days under the Board's rule, unless reasonable assurance is given by the filing union that it will comply with the affidavit requirement, [11] is of no benefit to the charging union unless it is followed by the issuance of a complaint. Absent the issuance of a complaint, the filing of a charge is a useless act. ”

“ It contains no discussion of the necessity of filing § 9 (h) affidavits before filing the charge. The purpose of § 9 (h) was to stop the use of the Labor Board by union leaders unwilling to be limited in government by the processes of reason. That purpose was sought through the elimination of such leaders rather than by making difficult the union's compliance with the Act. The legislative comments are to be read in that light. Indeed those comments are so lacking in definitiveness on the point here at issue that both parties suggest that § 9 (h) itself best shows the purpose of Congress. ”