1943 - National Labor Relations Board

222 Eighth Annual Report of the National Labor Relations Boardfor the Board may file with the Board at Washington, D. C., an originaland four copies of a statement in writing setting forth such Exceptionsto the Intermediate Report, or to the proposed findings, conclusions,and order, as the case may be, or to any other part of the record orproceeding (including rulings upon all motions or objections) as herelies upon, together with the original and four cOpies of a brief insupport thereof. Immediately upon the filing of the statement ofExceptions and brief the party or counsel for the Board filing the sameshall serve copies with the Regional Director. Upon proper causeshown, the Board may extend the period within which to file a statementof Exceptions or brief.Should any party desire permission to argue orally before the Board,_ request therefor must be made in writing to the Board within tendays after the date of the Intermediate Report or the date of the pro- -posed findings, conclusions, and order, as the case may be. The Boardshall notify the parties of the time and place for the oral argument,if such permission is granted. Thereafter the Board shall forthwithdecide the matter or make other disposition of the case.SEC. 38. Modification or setting aside of order of Board before recordfiled in court; action thereafter.—Until a transcript of the record in acase shall have been filed in a court, within the meaning of Section10 of the Act, the Board may at any time upon reasonable noticemodify or set aside, in whole or in part, any findings of fact, conclusionsof law, or order made or issued by it. Thereafter the Boardmay proceed pursuant to Section 36 or 37 of this Article, or makeany other disposition of the case.ARTICLE IIIPROCEDURE UNDER SECTION 9 (C) OF THE ACT FOR THE INVESTIGATIONAND CERTIFICATION OF REPRESENTATIVESSECTION 1. Who may file; ,where to file; withdrawal of petition;form; jurat.—A petition to investigate and certify under Section 9 (c)of the Act the name or names of representatives designated or selectedfor the purpose- of collective bargaining may be filed by an employeeor any person or labor organization acting on behalf of employees,or by an employer. Prior to the hearing thereon, pursuant to Sections3 and 6 of this Article, a petition may be withdrawn only withthe consent of the Board or of the Regional Director with whom suchpetition was filed. During the hearing, and thereafter, a petitionmay be withdrawn only with the consent of the Board. Whenever