1943 - National Labor Relations Board

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Appendix F. N. L. R. B. Rules and Regulations 217thereafter grant or deny the application. Application for subpenasmade during the hearing shall be made to the Trial Examiner whomay grant or deny the application. Such applications shall be timely,and shall specify the name of the witness and the nature of the factsto be proved by him, and, if Calling for documents, must specify thesame with such particularity as will enable them to be identified forpurposes of production.SEC. 22. Payment of witness fees and mileage; fees of persons takingdepositions.—Witnesses summoned before the Trial Examiner shallbe paid the same fees and mileage that are paid witnesses in the courtsof the United States, and witnesses whose depositions are taken andthe persons taking the same shall severally be entitled to the samefees as are paid for like services in the courts of the United States.Witness fees and mileage shall be paid by the party at whose instancethe witnesses appear and the person taking the deposition shall bepaid by the party at whose instance the deposition is taken.HearingSEC. 23. Who shall conduct; to be public unless otherwise ordered.—The hearing for the purpose of taking evidence upon a complaintshall be conducted by a Trial Examiner designated by the Boardor the Chief Trial Examiner. At any time a Trial Examiner maybe designated to take the place of the Trial Examiner previouslydesignated to conduct the hearing. Such hearings shall be publicunless otherwise ordered by the Trial ExaminerSEC. 24. Duty of Trial Examiner; powers of Board counsel and TrialExaminers.—It shall be the duty of the Trial- Examiner to inquirefully into the facts as to whether the respondent has engaged in or isengaging in an unfair labor practice affecting commerce as set forthin the complaint or amended complaint. Counsel for the Board, andthe Trial Examiner, shall have power to call, examine and crossexaminewitnesses, and to introduce into the record documentary orother evidence.SEC. 25. Rights of parties.—Any party shall have the right toappear at such hearing in person, by counsel, or otherwise, to call,examine and cross-examine witnesses, and to introduce into therecord documentary or other evidence.SEC. 26. Rules of evidence not controlling.—In any such proceedingthe rules of evidence prevailing in courts of law or equity shall not becontrolling.
21 8 Eighth Annual Report of the National Labor Relations BoardSEC. 27. Stipulations of fact admissible.—In any such proceedingstipulations of fact may be introduced in evidence with respect toany issue.SEC. 28. Objection to conduct of hearing; how made; objections notwaived by further participation.—Any objection with respect to theconduct of the hearing, including any objection to the introductionof evidence, may be stated orally or in writing, accompanied by ashort statement of the grounds of such objection, and included in therecord. No such objection shall be deemed waived by further participationin the hearing.SEC. 29. Filing of briefs with Trial Examiner and oral argument athearing.—Any party shall be entitled, upon request, to a reasonableperiod at the close of the hearing for oral argument, which shall notbe included in the stenographic report of the hearing unless the TrialExaminer so directs. Any party shall be entitled, upon request madeat or before the close of the hearing, to file a brief with the TrialExaminer, who may fix the time for such filingSEC. 30. Continuance and adjournment.—In the discretion of theTrial Examiner, the hearing may be continued from day to day, oradjourned to a later date or to a different place, by announcementthereof at the hearing by the Trial Examiner, or by other appropriatenotice. The Chief Trial Examiner may, at any time prior to theservice of the Intermediate Report, upon appropriate notice to theparties, direct that the hearing be reopened.SEC. 31. Contemptuous conduct; refusal of witness to answer questions.—Contemptuousconduct at any hearing before a Trial Examineror before the Board shall be ground for exclusion upon the hearing.The refusal of a witness at any such hearing to answer any questionwhich has been ruled to be proper shall, in the discretion of the TrialExaminer, be ground for the striking out of all testimony previouslygiven by such witness on related matters.Intermediate Report and Transfer of Case to the BoardSEC. 32. Intermediate Report; contents; service; transfer of case toBoard.—After a hearing for the purpose of taking evidence upon -acomplaint, the Trial Examiner shall prepare an Intermediate Report.Such report shall contain (a) findings of fact, and (b) recommendationsas to what disposition of the case should be made, which may include,if it be found that the respondent has engaged in or is engaging in thealleged unfair labor practice, a recommendation for such affirmative
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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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Borg-Warner CorpBrennan, P., CoBurn
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APPENDIX DSUMMARY OF LITIGATION FOR
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Page 189 and 190: APPENDIX ENATIONAL LABOR RELATIONS
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1943 - National Labor Relations Board

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