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U.S. Supreme Court

Labor Board v. Mexia Textile Mills, Inc., 339 U.S. 563 (1950)

National Labor Relations Board v. Mexia Textile Mills, Inc.

No. 434

Argued April 18, 1950

Decided May 15, 1950

339 U.S. 563


After a hearing from which the employer withdrew without introducing any evidence, the National Labor Relations Board issued an order requiring the employer, who was engaged in interstate commerce within the meaning of the National Labor Relations Act, to cease and desist from certain unfair labor practices. Subsequently, the Board petitioned the Court of Appeals for enforcement of this order. The employer moved for leave to adduce additional evidence, alleging in substance that it had complied with the order and that the union which had been certified by the Board as bargaining representative no longer represented a majority of the employees in the bargaining unit. The Court of Appeals ordered the case referred back to the Board with directions to take evidence and report whether the order had been complied with, if so, whether the matter should not be dismissed as moot, and, if not, what recommendations the Board had to make.

Held: the order of the Court of Appeals is vacated, and enforcement of the Board's order must be decreed under § 10(e), unless "extraordinary circumstances" are pleaded which justify the employer's failure to urge its objections before the Board. Pp. 339 U. S. 564-570.

(a) An employer's compliance with an order of the Board does not render the cause moot nor deprive the Board of its opportunity to secure enforcement from an appropriate court, since a Board order imposes a continuing obligation, and the Board is entitled to have a resumption of the unfair practice barred by an enforcement decree. Pp. 339 U. S. 567-568.

(b) That the employer doubts the certified union's ability to muster a majority of the employees in the bargaining unit does not justify denial of an enforcement decree. P. 339 U. S. 568.

(c) Although a motion for leave to adduce additional evidence pursuant to § 10(e) of the National Labor Relations Act is "addressed to the sound judicial discretion of the court," the power of the court to order the taking of additional evidence cannot be employed to enlarge the statutory scope of judicial review. Pp. 339 U. S. 569-570.

Order vacated. chanroblesvirtualawlibrary

Page 339 U. S. 564

The case is stated in the opinion. The opinion of the Court of Appeals is reported in 25 L.R.R.M. 2295. The order of the Court of Appeals is vacated, p. 339 U. S. 570.

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