US SUPREME COURT DECISIONS

1. The authority to modify or set aside its findings and order, conferred on the National Labor Relations Board by § 10(d) of the National Labor Relations Act, ends with the filing of the transcript of its record in the Circuit Court of Appeals. P. 305 U. S. 368.

2. Upon the filing of such transcript in connection with the Board's petition for enforcement of its order, and notice, the Circuit Court of Appeals acquires jurisdiction under § 10(e). Id.

3. Under § 10(f) of the Act, the jurisdiction of the Circuit Court of Appeals is of the same character and scope in a proceeding for review brought by a person aggrieved by an order of the Board as the jurisdiction which the court has in a proceeding instituted by the Board for enforcement. P. 305 U. S. 369.

4. Where the Board has petitioned for enforcement under § 10(e) and the jurisdiction of the court has attached, the respondent is entitled to raise all pertinent questions and to obtain any affirmative relief that is appropriate without seeking independent review under § 10(f), and permission to the Board to withdraw its petition rests in the sound discretion of the court, to be exercised in the light of the circumstances of the particular case. Id.

5. Where the Board sought enforcement of its order under § 10(e), and the party proceeded against petitioned for review under § 10(f), seeking affirmative relief and setting up substantially the same grounds in its answer to the Board's petition and in its own petition, held:

(1) That the court had jurisdiction to retain the transcript filed by the Board, while permitting withdrawal of the Board's petition, and to order that the transcript be filed in the proceeding for review. In re National Labor Relations Board, 304 U. S. 486, distinguished. P. 305 U. S. 370.

(2) On the petition for review, the Board could seek not merely a denial of that petition, but also enforcement of its order. P. 305 U. S. 371.

(3) The court acquired exclusive jurisdiction to deal with the order. P. 305 U. S. 372. chanrobles.com-red

Page 305 U. S. 365

6. Upon a petition to review an order of the National Labor Relations Board, where it was contended that the order was invalid for want of a full and fair hearing and because the Board had not itself considered the evidence, but had adopted as its own a decision prepared by subordinates, without affording the petitioner any opportunity to be heard thereon, the Circuit Court of Appeals properly granted the Board's motion to remand the cause to the Board for the purpose of setting aside its findings and order, issuing proposed findings, with permission to the parties to file exceptions and present argument, and thereafter making its decision and order upon a reconsideration of the entire case. P. 305 U. S. 372.

This purpose, expressed in the Board's motion and specified in the order of remand, qualifies that order and binds the Board. It was not necessary for the court to consider other objections to the Board's conduct of the proceeding, as the setting aside of the findings and order would carry with it the opportunity for reconsideration and the making of a new record. Pp. 305 U. S. 372-375.

99 F.2d 1003, 1009, affirmed.

Certiorari, post, p. 585, to review orders of the court below, one granting a motion of the above-named Board to withdraw a petition for enforcement under the National Labor Relations Act, the other remanding the cause to the Board on the Board's motion.