VII. PRINCIPLES ESTABLISHED 109In another case, the <strong>Board</strong> found that the respondent had engagedin unfair labor practices through the discharge and lay-offsof a number of employees, but dismissed the allegation of discriminationas to four other employees. The <strong>Board</strong> ordered the respondentto place these four employees upon a preferential list because" * * * in view of the respondent's unfair labor practices asset forth * * * above, there is grave danger that the respondentwill not reemploy these four individuals even if their former or substantiallyequivalent positions are open. In order to effectuate thepolicies of the Act, we will require the respondent to place [thesefour employees] * * * upon -a preferential list for employmentas it arises." 67IR REQUIREMENTS THAT AN EMPLOYER PUBLICIEE TERMS OF BOARD ORDERS AMONGEMPLOYEESThe <strong>Board</strong> requires an employer who has engaged in unfair laborpractices to publicize the terms of the <strong>Board</strong> order against himamong his employees." The exact wording of the notice which theemployer is ordered to post in his place of business or to communicateto individual employees necessarily varies somewhat from case -to case. Although the <strong>Board</strong> formerly required that posted noticesremain posted for at least 30 consecutive days, 69 the period nownormally required is 60 days."I. MISCELLANEOUSThis section deals with various problems of pleading, practiceand procedure which have been raised and discussed in the <strong>Board</strong>'sdecisions.Since the function of the charges, upon which <strong>Board</strong> complaintsare issued, is to call the attention of the <strong>Board</strong> to the fact that unfairlabor practices are alleged to have been committed, the <strong>Board</strong> hasheld that a respondent is not denied a fair hearing if he is not furnishedwith a copy of the charge, since service upon him of a complaintgives him full notice of all issues to be tried.11Although not required by the, act," the <strong>Board</strong> has adopted thepractice of serving a copy of the complaint upon an allegedly company-dominatedorganization." Moreover, the <strong>Board</strong> requires thatwhenever any contract is put in issue by a complaint, any labor07 Matter of American Numbering Machine Company and International Association ofMachinists, District # 16. 10 N. L. R. B. 536 see also Matter of Luckenbach StemshipCompany, Inc., and Maritime Office Employees Association, International Longshoremenand Warehousemen's Union, Local 1-44, 12 N. L. R. B. 1333.See Third Annual Report at p. 214GC Ibid.10 example. Matter of Sigmund Freisinger, Doing Business under the name and styleof North River Yarn Dyers and Textile Workers Organizing Committee; 10 N. L. R. B. 1043."Matter of L. C. Smith 4 Corona Typeierters, Inc., and International Metal Polishers,Buffers and Platers Union of North America, 11 N. L. R. B. 1382. The Rules and Regulations—Series2, recently issued by the <strong>Board</strong>, provide for the service of a complaint anda copy of.the charge upon which the complaint is based.', N. L. R. B. v. Pennsylvania Greyhound Lines, Inc., et al., 303 U. S. 261, reversing 91F. (2d) 178 (C. C. A. 3), and enforcing Matter of Pennsylvania Greyhound Lines, Inc.,et al., and Local Division No. 1063 of The Amalgamated Association of Street, Electric Railwayand Motor Coach Employees of America, 1 N. L. R. B. 1. See also Matter of Armourof Company and Packing House Workers, Local 347, 8 N. L. R. B. 1100, petition to reviewflled October 1, 1938 (C. C. A. 7).7, <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> Rules and Regulations—Series 2, Article II, Section 5.
1 10 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD,organization which is a party to such contract but not alleged tobe company-dominated must be made a party to the proceeding.76Since the act contemplates that cases will be handled speedily,the <strong>Board</strong> follows settled judicial tradition and refuses to reopenthe record to admit evidence available at the time of the hearing,.but which the party requesting reopening had failed to introduce,although afforded full opportunity to do so. 77 Similarly, a requestfor a continuance will be denied unless supported by a substantialreason. Thus in Matter of Ron,ni Parfum Inc. et al. and UnitedMine Workers of America, District No. 50, Chemical Division, etal.," the respondent requested a continuance on the ground that itstwo principal witnesses had made arrangements for a vacation inFlorida. The Trial Examiner denied this motion, whereupon counselfor the respondent withdrew from the hearing. The hearingnevertheless proceeded. The <strong>Board</strong> held that denial of the continuancewas proper and stated :It is plain here that there could have been no emergency to justify theabsence of the respondent's principal witnesses since both trips were admittedlyarranged "a long time prior to December 1, 1937" [the approximate date ofthe hearing]. Moreover, ample notice of the hearing was given to the respondents.In the absence of an adequate showing of substantial cause, privateconvenience must accommodate itself to public necessity.In order properly to administer the act, the <strong>Board</strong> requires thatits hearings be conducted in orderly fashion. In Matter of WeirtonSteel Company and Steel Workers Organizing Committee," theTrial Examiner excluded the respondent's attorney for contemptuousconduct. On appeal, from this ruling, the <strong>Board</strong>, after hearingtestimony and oral argument, found that counsel had been guiltyof contemptuous conduct and held that the exclusion was properand did not deprive the respondent of due process of law. The<strong>Board</strong> stated :There is no question here of punishment for contempt of court, or of disciplinaryproceedings looking to the disbarment of an attorney. The Trial Examiner'sruling simply applies a rule made and issued by the <strong>Board</strong> pursuant tostatutory authority. The rule provides: "Contemptuous conduct at any hearingbefore a Trial Examiner or before the <strong>Board</strong> shall be ground for exclusion fromthe hearing."' It is a reasonable and necessary rule. Exercise of the <strong>Board</strong>'sfunctions requires that numerous hearings be held before Trial Examiners designatedby it to conduct them. The rule intends that in the interest of orderly andexpeditious hearings contemptuous persons may be excluded. It applies tolawyers and to laymen alike. Its purpose is not to punish offenses against the<strong>Board</strong>'s dignity, but to assure and defend the control of the <strong>Board</strong>'s hearings7a <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> Rules and Regulations—Series 2, Article II, Section 5.provides in part : "Whenever any labor organization, not the subject of any 8 (2) allegationin the complaint, is a party to any contract with the respondent the legality of whichis put in issue by any allegation of the complaint, such labor organization shall he made aparty to the proceeding." See Matter of Ward Baking Company and Committee for IndustrialOrganization. 8 N. L. R. B. 558. Cf. Consolidated Edison Co. at al. V. N. L. R. B.at al., 305 TI. S. 197, aff'g as modified, 95 F. (2d) 390 (C. C. A. 2), enforcing Matter of ConsolidatedEdison Company of New York, Inc., at al., and United Electrical and RadioWorkers of America, affiliated with the Committee for Industrial Organization, 4 N. L. R. B.71.77 Matter of Republic Steel Corporation and Steel Workers Organizing Committee, 9N. L. R. B. 219, enforced as modified November 8, 1939 (C. C. A. 3) ; Matter of Consumers'Power Company, a corporation, and Local No. 740, United Electrical, Radio, andMachine Workers of America, 9 N. L. R. B. 701, petition to review Sled January 4, 1939(C C. A. 6).78 8 N. L. R. B. 323, enforced N. L. R. B. v. Ronni Paquin, Inc., 104 F. (2d) 1017(C. C. A. 2).7, 8 N. L. R. B. 581.•80 This is Article II, Section 31, of <strong>National</strong> <strong>Labor</strong> <strong>Relations</strong> <strong>Board</strong> Rules and Regulations--Serles2.