1943 - National Labor Relations Board

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Appendix E. Statutory Provisions Administered by N. L. R. B. 1 89rules of evidence prevailing in courts of law or equity shall not becontrolling.(c) The testimony taken by such member, agent, or agency or theBoard shall be reduced to writing and filed with the Board. Thereafter,in its discretion, the Board upon notice may take further testimonyor hear argument. If upon all the testimony taken the Boardshall be of the opinion that any person named in the complaint hasengaged in or is engaging in any such unfair labor practice, then theBoard shall state its findings of fact and shall issue and cause to beserved on such person an order requiring such person to cease anddesist from such unfair labor practice, and to take such affirmativeaction, including reinstatement of employees with or without backpay, as will effectuate the policies of this Act. Such order may further-require such person to make reports from time to time showing theextent to which it has complied with the order. If upon all the testimonytaken the Board shall be of the opinion that no person namedin the complaint has engaged in or is engaging in any such unfair laborpractice, then the Board shall state its findings of fact and shall issuean order dismissing the said complaint.(d) Until a transcript of the record in a case shall have been filedin a court, as hereinafter provided, the Board may at any time, uponreasonable notice and in such manner as it shall deem proper, modifyor set aside, in whole or in part, any finding or order made or issuedby it.(e) The Board shall have power to petition any circuit court ofappeals of the United States (including the Court of Appeals of theDistrict of Columbia), or if all the circuit courts of appeals to whichapplication may be made are in vacation, any district court of theUnited States (including the Supreme Court of the District of Columbia),within any circuit or district, respectively, wherein the unfairlabor practice in question occurred or wherein such person resides ortransacts business, for the enforcement of such order and for appropriatetemporary relief or restraining order, and shall certify andfile in the court a transcript of the entire record in the proceeding,including the pleadings and testimony upon which such order wasentered and the findings and order of the Board. Upon such filing,the court shall cause notice thereof to be served upon such person, andthereupon shall have jurisdiction of the proceeding and of the questiondetermined therein, and shall have power to grant such temporaryrelief or restraining order as it deems just and proper, and to make
190 Eighth Annual Report of the National Labor Relations Boardand enter upon the pleadings, testimony, and proceedings set forthin such transcript a decree enforcing, modifying, and enforcing as somodified, or setting aside in whole or in part the order of the Board.No objection that has not been urged before the Board, its member,agent or agency, shall be considered by the court, unless the failureor neglect to urge such objection shall be excused because of extraordinarycircumstances. The findings of the Board as to the facts if,supported by evidence, shall be conclusive. If either party shall applyto the court for leave to adduce additional evidence and shall show tothe satisfaction of the court that such additional evidence is materialand that there were reasonable grounds for the failure to adduce suchevidence in the hearing before the Board, its member, agent, or agency,the court may order such additional evidence to be taken before theBoard, its member, agent, or agency, and to be made a part of thetranscript. The Board may modify its findings as to the facts, ormake new findings, by reason of additional evidence so taken andfiled, and it shall file such modified or new findings, which, if supportedby evidence shall be conclusive, and shall file its recommendations,if any, for the modification or setting aside of its original order.The jurisdiction of the court shall be exclusive and its judgment anddecree shall be final, except that the same shall be subject to reviewby the appropriate circuit court of appeals if application was made tothe district court as hereinabove provided, and by the Supreme Courtof the United States and upon writ of certiorari or certification asprovided in sections 239 and 240 of the Judicial Code, as amended(U. S. C., title 28, secs. 346 and 347). -(f) Any person aggrieved by a final order of the Board grantingor denying in whole or in part the relief sought may obtain a reviewof such order in any circuit court of appeals of the United Statesin the circuit wherein the unfair labor practice in question was allegedto have been engaged in or wherein such person resides or transactsbusiness, or in the Court of Appeals of the District of Columbia, byfiling in such a court a written petition praying that the order of theBoard be modified or set aside. A copy of such petition shall beforthwith served upon the Board, and thereupon the aggrieved partyshall file in the court a transcript of the entire record in the proceeding,certified by the Board, including the pleading and testimony uponwhich the order complained of was entered and the findings, andorder of the Board. Upon such filing, the court shall proceed in thesame manner as in the case of an application by the Board under
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EIGHTH ANNUAL REPORTOF THENATIONAL
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NATIONAL LABOR RELATIONS BOARDH. A.
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THE NATIONAL LABOR RELATIONS BOARD
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The N. L. R. B. in the War 3The War
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The N. L. R. B. in the War 5closed.
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The N. L. R. B. in the War 7current
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The N. L. R. B. in the War 9involvi
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The N. L. R. B. in the War 11secret
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Organizational and Administrative D
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Organizational and Administrative D
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IIIA STATISTICAL ANALYSIS OF CASES.
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Statistical Analysis of Cases Filed
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IN/THE NATIONAL LABOR RELATIONS ACT
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The N. L. R. A. in Practice: Unfair
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• LIBRARY• -.AL tABOR, A.T1Into
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THE NATIONAL LABOR RELATIONS ACT IN
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The N. L. R. A. in Practice: Repres
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The N. L. R. A. in Practice: Jurisd
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Enforcement Litigation 61all interm
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Enforcement Litigation 63of the Boa
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Enforcement Litigation 65than to st
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Enforcement Litigation 67tively. Th
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Studies of the Results of Board Act
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Studies of the Results of Board Act
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Studies af the Results of Board Act
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New Statutory Functions Vested in t
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New Statutory Fund ions Vested in t
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APPENDIX ASTATISTICAL TABLESThe fol
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Appendix A. Statistical Tables 85Ta
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Table 8.-Disposition of unfair labo
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,Dismissed, totalBefore hearingBy B
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Table 11.—Number of elections and
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Table 13.-Number of elections and p
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APPENDIX BLIST OF CASES HEARD DURIN
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Appendix B. List of Cases Heard Dur
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Onan, D. W., & Sons.O'Neil, J. E.,
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APPENDIX CLIST OF CASES IN WHICH TH
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Appendix C. Decisions Rendered Duri
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Appendix. C. Decisions Rendered Dur
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Page 213 and 214: APPENDIX FThese Rules and Regulatio
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Appendix G. Regional Offices 241DIM
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Appendix G. Regional Offices 243
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Appendix G. Regional Offices 247
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LIST OF TABLESTables Appearing in T
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1943 - National Labor Relations Board

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