1 - National Labor Relations Board

42 Thirty-fourth Annual Report of the National Labor Relations Board
Board had improperly rejected and refused to investigate election
objections timely filed by the employer simply because the
employer had not served on the union a copy of its objections as
required by the Board's Rules. In so holding the court expressly
noted that the Board had acted under a literal interpretation of
its Rules and in accord with a policy requiring strict observance
of their service provisions. The court viewed that policy as inappropriate
because not according consideration to relevant factors
such as any resulting prejudice to the parties, the impact
of its policy on employee rights, and the Board's own commitment
to a liberal construction of its rules as expressly stated
in them. Applying the standard of the Brown Lumber decision,
the Board overruled the exceptions, holding that where a party
has timely filed election objections, such objections should not
be rejected without considering their merits simply because of
delay by the objecting party in serving the other parties with a
copy of them, unless some prejudice is shown.11
In the Local 138, 1U0E case, 12 the Board reopened the hearing
in a backpay proceeding, remanded to the Board by the court of
appeals, to permit the union to examine any or all of the discriminatees
concerning their job availability and interim earnings
during the backpay period. 13 In the course of the reconvened hearing,
the union made an offer to settle the case by payment of the
entire amount of backpay liquidated at the prior hearing provided
that the Board would withdraw a civil contempt proceeding
it had initiated against the union for alleged violations of the
judgments in the underlying hiring hall referral discrimination
cases. 14 The General Counsel, although willing to recommend approval
of the proposed backpay settlement, rejected the proposal
that the settlement be contingent on the withdrawal of the contempt
action pending in the court of appeals. The trial examiner,
over the objections of the General Counsel, closed the hearing
and recommended that the Board approve the backpay settlement
offer. He further recommended that the Board move for the withdrawal
of the pending civil contempt proceedings as part of the
settlement.
The Board, in rejecting the recommendations of the trial examiner
and directing the hearing be reopened, pointed out that
11 The Board noted that to the extent that General Time Corp., 112 NLRB 86 (1955), and
similar cases are inconsistent with that principle, they are overruled.
" 174 NLRB No. 111. See also J.J. Hagerty, 174 NLRB No. 112.
" 380 F 2d 244 (C.A. 2).
" Local 138, 1110E (Nassau & Suffolk Contractors Assn.), 123 NLRB 1393, enfd. as modified
293 F.2d 187 (C.A 2) , J.J Hagerty, 139 NLRB 633, enfd. as modified sub. nom. Local 138,
1U0E, 321 F2d 130 (C.A. 2).