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LABOR BOARD V. I. & M. ELEC. CO., 318 U. S. 9 (1943)

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U.S. Supreme Court

Labor Board v. I. & M. Elec. Co., 318 U.S. 9 (1943)

National Labor Relations Board v.

Indiana & Michigan Electric Co.

No. 73

Argued November 13, 16, 1942

Decided January 18, 1943

318 U.S. 9


1. An application to the Circuit Court of Appeals, under § 10(e) of the National Labor Relations Act, for leave to adduce additional evidence before the Board, is addressed to the sound judicial discretion of the court. P. 318 U. S. 16.

2. Although misconduct of the party making charges of unfair labor practices does not deprive the National Labor Relations Board of jurisdiction to issue a complaint and conduct a proceeding, such misconduct may properly be considered by the Board in determining whether it should institute or continue a proceeding upon the charges. P. 318 U. S. 18. chanroblesvirtualawlibrary

Page 318 U. S. 10

3. An employer which had been found guilty by the National Labor Relation Board of unfair labor practice and ordered to disestablish a union found by the Board to be company dominated, petitioned the Circuit Court of Appeals under § 10(e) of the National Labor Relations Act for an order that the Board hear and consider new evidence of a course of depredations, including dynamitings, committed upon the employer's property during the pendency of the case before the Board. It appeared that an officer and a member of the union which filed the charges upon which the Board instituted its proceedings had been convicted of participation in the depredations, and that they and others affiliated with this union and in close relation to them had testified on behalf of the Board, and it was alleged that the depredations were part of a conspiracy of this union to influence the case. The action of the Circuit Court of Appeals in granting the petition on the ground that the new evidence was material to the credibility of Board witnesses and on the issue of company domination, held, upon a renew of the whole record, not to constitute an abuse of its discretion. P. 318 U. S. 29.

124 F.2d 50 affirmed.

Certiorari, 316 U.S. 657, to review a decree remanding a cause to the National Labor Relations Board with directions to hear additional evidence. See 20 N.L.R.B. 989.

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