Antonio Tomasello

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 375 (N.L.R.B. 1942)

-In the Matter Of ANTONIO TOMASELLO and PRODUCE DIVISION-IN-
TERNATIONAL BROTHERHOOD of TEAMSTERS , CHAUFFEURS , WAREHOUSE-
MEN AND HELPERS OF AMERICA, LOCAL 760, A. F. OF L. AND FRED L.
HILL -
Case No. C-12357.-Decided December '26, 1942
Jurisdiction : tomato packing industry.
Unfair Labor Practices
Discrimination: charges of, dismissed.
Practice and Procedure : complaint dismissed.
Definitions : packing-shed employees held not agricultural workers within the
meaning of the Act. i
DECISION
AND
ORDER
On September 23, 1942, the Trial Examiner issued his Intermediate
Report in the above-entitled proceeding, finding that the respondent
had not engaged in-the unfair labor practices alleged in the com-
plaint, and recommended that the complaint be dismissed as set out
in the copy of the Intermediate Report attached hereto. Thereafter
Fred L. Hill, filed exceptions to the Intermediate Report and a brief
in support of the exceptions. The respondent filed an answer to the
exceptions to the Intermediate Report. The Board has considered
the rulings of the Trial Examiner at the hearing and finds' that no
prejudicial error was committed. The rulings are hereby ,affirmed.
The Board has considered the Intermediate Report, the exceptions
and brief, the answer to the exceptions, and the entire record in the
case, and hereby adopts the findings, conclusions, and recommendations
of the Trial Examiner.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
'Board hereby orders that the complaint against Antonio Tomasello,°
Watsonville, California, be, and it hereby is, dismissed.
INTERMEDIATE REPORT
LeRoy Marceau, Esq., for the Board.
J. Frank Murphy, Esq., of Murphy and Hall, Santa Cruz, Calif., for the re-
spondent.
46 N: L. R. B., No 43.
375
,376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
STATEMENT OF THE CASE
On August 23, 1941, Produce Division-International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers of America, Local 760, A. F. of L., hereinafter
called Produce Division, filed with the Regional Director for the Twentieth
Region -(San Francisco, California), of the National Labor Relations Board,
hereinafter called the Board, its charge against T. O. Tomasello Packing. Com-
pany,' alleging that the said company had engaged in and was engaging in unfair
labor, practices affecting commerce within the meaning of Section 8 (1) and (3)
of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July
27, 1942, Fred L. Hill filed with the Regional Director for the Twentieth Region
of the Board what is termed an amended charge bearing the same case number
as the charge last above described, against Antonio Tomasello, doing business
as T. O. Tomasello Packing Company, hereinafter referred to as the respondent,
and alleging that the respondent had engaged in and is engaging in unfair labor
practices affecting commerce within the meaning of Section 8 (1) and (3) of the
Act On July 31, 1942, the Board, by its Regional Director for the Twentieth
Region, issued its complaint against said respondent alleging, that the respondent
had engaged in and is engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
Act. Copies of the complaint accompanied by notice of hearing were duly served
upon the respondent, Produce Division, and Fred L Hill.
The complaint alleges, in substance, in relation to the unfair labor practices,
that in August 1941, the respondent discharged, refused to reinstate, or refused
to hire four named employees solely by reason of, their membership in and
activities on behalf of Produce Division or the Packing House Employees Union
of Florida, Local'21494, hereinafter called the Florida Union. The answer of the
respondent, filed-August 10, 1942, with the Regional Director for the Twentieth
Region, denies all pertinent allegations of the complaint and denies that the
Board has jurisdiction over the respondent for the. reason that the respondent
is not engaged in interstate or foreign commerce and for the further reason that
his employees, if any, were agricultural laborers exempted from the provisions of
the Act.
` Pursuant to due notice a hearing was held in Santa Cruz, California, on
August 13, 14, and 15, 1942, before R N. Denham, the Trial Examiner duly ap-
pointed by the Chief Trial Examiner: The Board and the respondent were rep-
resented by counsel. All parties participated in the hearing where full oppor-
tunity was' afforded them to be heard, to examine and cross-examine witnesses
and to introduce evidence bearing on the issues. , At the close of the Board's case,
respondent moved the dismissal of the complaint on the merits and on the ground
that the persons involved are agricultural workers and exempt from the pro-
visions of the Act. The motions were denied at the time, with leave to renew.
At the-close' of the hearing, the motions were renewed and except as otherwise
indicated herein, are now denied. At the close of the hearing, after'the motion
*of ,Board's counsel to amend the pleadings to-conform to the proof so as to correct
spelling'of names, correction of dates and other similar matters not going.to the
fundamental issues, had been granted, all parties argued to the Trial Examiner
orally on the issues involved. The privilege of filing briefs was waived and none
has been received.
Upon the entire record thus made and after hearing and observing the wit-
nesses, the undersigned in addition to the foregoing, makes the following: _,
1 Improperly described in the caption of the case' as "Antonio Tomasello, doing business
as T. O. Tomasello Packing Company."
ANTONIO ,TOMASELLO
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
377.
Respondent Antonio Tomasello is .a grower and packer of green tomatoes for
shipment to various markets throughout the United States, with his farms and
packing shed located in the vicinity of Watsonville, California. During the sea-
son of 1941 the 'respondent packed and shipped 71,479 lugs, which is the trade
,name for crates, of tomatoes, of which 22,528 were grown on the farms owned or
leased and operated by the respondent and 48,951 lugs were purchased by'him
from other growers. The total value of the green tomatoes so packed and shipped
by the respondent in the 1941 season was approximately $80;94165. - Of this,
$51,438.80 in value were sold to purchasers F. O. B. the packing shed for ship-
ment to other points, practically all of which were outside the State of California.
'$29,502.85 in value were shipped on consignment, almost wholly to points outside
the State of California and sold for the account of the respondent z
In conducting his business, the respondent, to some extent, uses the same indi-
viduals at the packing shed who had previously participated in the planting and
growing of the tomatoes. The rate of pay, however, is different in the two occu-
pations and such persons are not involved herein. The respondent has no hand in
the growing of the tomatoes purchased by him and has all the packing of the
tomatoes for shipment done by itinerant packers who at no time are field or
agricultural workers employed in the planting, cultivation, growing, or picking
of the tomatoes. The employees involved in this controversy are packers who
work, exclusively in the packing shed, handling the purchased tomatoes as well
as the tomatoes grown by the respondent, and have no duties other than to ap-
propriately wrap the tomatoes, place them in the lugs and pass them on to .the
next operation which involves the fastening of the lid on the crate. The em-
ployees involved herein are not agricultural workers in any sense of the term as
used in the Act. •
II. THE ORGANIZATIONS INVOLVED
Produce Division-International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, Local 760, affiliated with the American Fed-
eration of Labor, is a labor organization admitting itinerant packers to member-
ship.
Packing House Employees Union of Florida, Local 21494, A. F. of. L , is a labor
organization admitting to membership fruit and vegetable packinghouse em-
ployees who are employed' within'the State of Florida.
There is uncontroverted evidence that, by reason of the character of the labor
performed by the members of the Produce Division and of the Florida Union, as
well as the members of the parelleling union' affiliated with the C. I. 0., which
necessitates the constant movement of the members from one section of the
Lnited States to another, there is a mutual understanding between these unions
which permits the member of any one of them who may find himself in a part of
the United States where his own organization is not represented, to temporarily
associate himself with any one of the other organizations for purposes of collec-
tive bargaining and mutual aid and protection, and that while the members of the
Florida Union are only directly represented by that union when in the State of
Florida, they may present themselves to the local representative of the Produce
Division or to the local representative of the appropriate C. I. O. organization,
In addition the respondent sold pink tomatoes, berries, beans, and other similar produce
locally, of the value of approximately $8,500.
1
,378 DECISIONS OF NATIONAL L BOR RELATIONS BOARD
and under the comity agreement,'receive'all the benefits and advantages of a
member of that organization, to which they shall have presented themselves.
III. THE ALLEGED UNFAIR LABOR PRACTICES
From 1927 to 1932 the respondent was foreman of the , tomato packing shed for
T. J. Horgan Company, a local , concern operating at Watsonville , California. In
19J2 he became the foreman of the tomato packing shed for another local concern
in Watsonville , operating under the name of Levy -Zentner, where he remained
until 1938 . In 1935 he began farming operations on his own account, growing
tomatoes which he sold to Levy-Zentner and handled as foreman of the packing
shed at the latter company, although he did not market them for his own account.
In 1938, because of losses suffered when his crop did pot ripen in time to be
handled by Levy -Zentner during their packing season, the respondent determined
to open his own packing shed the following year and began to arrange with other
growers of tomatoes in the vicinity to,purchase and market their crops also. As
a,result of this, the respondent established a packing shed at Watsonville , Califor-
nia, in the summer of 1939. As his number one packer , the respondent employed
Frank Alford , a tomato packer whom he had known for a number of years in con-
nection with his work as foreman of the Levy -Zentner packing shed. He also
employed from the beginning of the season , Fred L Hill and Guy F. Flagg , itiner-
ant tomato packers who applied to him for employment and began working on
August 12 , 1939. Alford ,, Hill, and Flagg together with one Claude Haley per-
formed all the packing operations from-August 12, 1939, until September 13, 1939,
when Irving A. Kelting , another itinerant packer , applied for work and was given
employment . As the season progressed other emergency packers, including one
Japanese , were hired , among whom was Jesse H. Goss , who worked 2 days in
October. The 1939 season apparently closed so far as substantial employment
was concerned , on October 21, 1939, by which time Goss and Kelting had, left and
on which day Hill - and Flagg left to find employment elsewhere Alford and
Haley completed the small amount of packing incident -to the waning season.
When the 1940 season opened , which normally takes place in about the middle
of August , the respondent found himself with some few tomatoes to be packed
in July and employed the same Japanese who had worked during 1939 , together
with two others , for 2 days in the latter part of July , their last work being
performed on July 31. No further packing was done until August 14 , 1940, when
'James Taylor , whom the respondent had `employed at Levy -Zentner in the past,
together with one Frederick Brand, began work -On August 15, Jesse Goss ap-
peared and worked three days On August 20 Alford reported and resumed his
place as Number One,packer , working with 'Taylor and Brand. Barney Sadler
worked one day, August 17. On August 23, Hill and Flagg returned and from
that - time-forward until September 3, all the packing was done by Alford, Hill-,
Flagg , and Taylor . On September 3, Goss returned and resumed his work as a
packer, continuing until October 15 when he again left . Flagg left on October
24, Alford left on October 31, and by November 2 the season had closed with
Hill and Taylor working to the end. In the 1940 season Irving Kelting worked
only the last day , November 2. Hill, Flagg, Goss and Kelting are the employees
involved herein. All were members of the Florida Union and such membership
was'made known to the respondent during the 1939 and 1940 seasons.
Prior to the opening of the 1941 season, - the respondent 's bookkeeper and
office man, Tony Scurich, who also had a slight interest in the green tomato
operations of the respondent , opened up , a new line of business by -arranging
with some San Francisco interests :for,the sale to them of tomatoes for export,
!: _ - , ' ANTONIO', TOMASELLO- 379
and agreed for early-delivery of an underdetermined number of ldgs,to be shipped
from available tomatoes, on very short notice as ordered, consigned to the
flocks in San'-Francisco for immediate loading on outgoing vessels. This oc-
curred in the latter part of July. In his conversations with the new customers,
Scurich -was led to believe that this would materialize into a • very substantial
amount of business but of a character which would require almost immediate
shipment upon receipt of•the order. -He so advised the respondent. At the time
the oiily packer. available was James Taylor, none of the'itinerant packers hav-
ing; up to that time, put in their appearance. In order to protect himself-against
the possible non-appearance of the itinerant packers, and to insure himself emer-
gency packers if needed to fill the expected export orders, the respondent called
upon the Japanese -whom he had intermittently employed during the preceding
two seasons and attempted to induce them to stand by to do his emergency
packing when and as they should be required. The Japanese refused to handle
any tomatoes for the respondent unless he would guarantee at least three of
them in addition to their leader, one Shigemoto, steady employment throughout
the season, calling attention to the fact that during previous seasons they had been
employed only intermittently and had been dismissed when the itinerant packers
made their appearance These conversations were with Shigemoto, with whom
the respondent agreed that if they would hold themselves ready and available
for tomato packing when required, lie would give Shigemoto and his three
associates first call on the packing work in the shed during the entire season,
subject however to the employment of Taylor who was available for work,
Alford,-with whom he had•made arrangements for the season, and Alma Valla,
a close friend of long standing. - -
In June 1941 Sadler wrote to the respondent to inquire whether there would
be employment for him in' the 1941 season if he came to Watsonville. The
respondent advised, him that he could not guarantee employment of any sort
but that he expected to employ his old help,for the coming season. On August
4, and again on August' 6, Flagg telegraphed the respondent from Plymouth,
Michigan, inquiring when he intended to start packing. On August 6 the
respondent replied stating that the season was late and that lie could not make
any commitments at that time. The season was in fact late and the production
of tomatoes remained small until about August 25. During the interim from
August 4 to August 19 Taylor was the only packer employed at the shed.
The export business did not develop as expected, only about 1,300 lugs being
shipped- between, August 5 and 24, when all export shipments stopped. None
of the Japanese to whom Toinasello had made his commitment were employed
until August 19,-when Shigemoto worked one day. From,August 25 to September
6, Shigemoto, Taylor and Alford, who reported August 31, were fairly regularly
employed while some other Japanese had intermittent employment. By Septem--
her 8, the packing season was under -full headway with six (6) packers fully
employed. - -
The,standard pay rate for tomato packers had, in recent tunes, been 6 cents
per lug,. but in the latter part of July 1941-demands were made on one of -the
packers at Merced, California, for 7 cents and on a refusal of the increase, the
plant was struck at a time when there was a quantity of tomatoes in the shed,
with a substantial loss to the packer Tomasello was aware of this incident.
In the middle, of July, Goss,arrived in California and obtained employment
as a packer of cantaloupes. He made two visits to Watsonville during the next
week or 10 days and talked-to Tomasello and Scurich, by whom he was informed
that the season- was going to' be late 'although some small orders would- be put
up around the first of August. There was no discussion of definite employment
380 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by either side. By August 11, Goss had finished the cataloupe packing and was
in Watsonville, unemployed. On that day Hill arrived. His last employment
had been as a tomato packer on the Eastern Shore of Maryland. Almost as soon
as they reached Watsonville, both Goss and Hill heard some gossip about the
Produce Division, which had just started organizing in that vicinity, urging a
7 cent rate for tomato packing, but took little or no interest in it. The next
'day, Goss and Hill called at the respondent's shed to inquire about going to
work. - At that time, Taylor was the only packer employed. After some con-
versation covering crop prospects, the experiences of the men since the last
season and similar subjects, Tomasello., asked them what they knew about the
prospect of demands for a 7 cent rate. They replied that they knew nothing about
it. He then referred to the Merced incident and criticized the union for striking
at a time when the Merced shipper's shed was filled with tomatoes that spoiled.
When Hill and Goss asked about going to work, Tomasello told them he' had
already arranged for a crew but would" give them employment when he needed
them.4 Hill and Goss 'testified that Tomasello told them he had hired a new
crew to avoid having union men in his'shed and that he would not have them
because they were members of the Union. However, in view of his action some
5 days later, which was wholly inconsistent with an antiunion attitude, this
testimony of Hill and Goss is not credited.' It was denied by Tomasello and it
is found that, on this occasion, Tomasello did not tell them he would not hire
them because of their union affiliations, of which he had been advised two years
before.
The conversation became heated. Hill claimed a right to the employment
by seniority. Tomasello told him he never had heard of such a thing, where-
upon Hill demanded that Tomasello disregard his commitments for the em-
ployment and threatened him with National Labor Relations Board prosecution
if he did not. The entire conversation' dealt with the demands of Hill and Goss
for the jobs. The pay rate was not discussed.
A day or two following, Goss and Hill got in touch with F. M. Smith, the
business agent of the Produce Division and told him of the incident of their
replacement by others at the respondent's shed. On Friday, August 15, Smith,
together with,Tommy Brett, also a representative of Produce Division, called
on Tomasello and discussed, not the problems of Hill, Goss and Flagg, but the
proposition of a contract between him and Produce Division. Tomasello voiced
no objection to a contract and authorized them to go out on the platform and
solicit membership if they so desired. The record does not reflect whether they
took advantage of this opportunity.
At the close of this,meeting, Smith and Brett informed Tomasello they would
bring out a contract the following Monday for his signature. Tomasello agreed
-to look it over. On Monday, the 18th, Smith took a form of closed shop con-
tract to the packing shed and left it with Tomasello, saying he would return
the following afternoon and, would expect to have it delivered to him, fully
executed. This contract provided for a closed shop, but left the wage rates
blank. However, he advised Scurich of the rates demanded by the Union, among
' Hill and Goss testified, and it was not denied, that in the conversation they told
Tomasello they were also inquiring on behalf of Flagg as well as themselves. Flagg called
on Tomasello the next day.
" In their testimony, both Hill and Goss were not wholly consistent in their recitals on
numerous subjects. Tomasello is of Italian extraction and speaks brokenly. He had been
a union man while working in the shipyards some years before. Aside from the foregoing,
there is no evidence of criticism of any union or union action.
7
ANTONIO TOMASELLO
which was a 7 cent rate for packers. On returning to Watsonville, Brett and
Smith gave Hill a card to Tomasello, reading:
"Can you put these men to work pending adjustment of wage agreement.
T. BRETT,
F. M. SMITH."
On the 19th, Hill, Goss and Flagg presented the card to Tomasello who told
them the season was late, that he had promised the first jobs to others, that if
the season did not, improve he might have to close down 'for a couple of weeks,
and that he had no work for them then but would have in two or three weeks.
That same afternoon, Smith called for the contract.
When Tomasello received the contract on the 18th, he read it and turned it
over to Scurich with instructions to tell the union representatives he had no
objection to the contract and would sign it with the increased wage scale when
and if his competitor did so, but that he could not pay the,higher wages unless
his competitor, Levy-Zentner, did likewise: Scurich passed this word on to
Smith when he called on the 19th. The contract was not signed, but Scurich
offered a list of all the employees then working and whom they expected to
employ during the season. Smith left and since then has never returned.
Meantime, the season gradually developed. Taylor, Alford, Shigemoto and
several other Japanese carried on the packing until September 10, when the
season was approaching its peak. On that day, Tomasello instructed Scurich to
find Hill and Flagg and have them report the next morning. He located the -men
in Watsonville and delivered his message. Hill and Flagg immediately went to
the packing shed and told Tomasello they would only return if it met, with the
approval of their union representative ; in the afternoon they returned, stating
that they would not work unless the Japanese were discharged, Goss given em-
ployment and full seniority established for them. Tomasello refused these con-
ditions, whereupon the men left. Later in the day, Tomasello had formal notices
to report to work, prepared and served on Goss and Kelting, but these, too, were
ignored. Kelting had not been a regular employee in the past. He put in only
one day at the end of the 1940 season, but made application to Tomasello about
August 14 and was told he would have to make arrangements with the Japanese,
Shigemoto, if he expected to get part of the packing work. Flagg did not appear
as a witness. It was stated by Board's counsel that he had gone to Florida to
enlist in the Navy. Hill is a member of the Florida Union and immediately fol-
lowing the refusal of employment by the respondent, transferred to the Produce
Division with which he remained until the close of the season. Goss is recording
secretary of the Florida Union, and Kelting was one of its organizers in 1938,
since which time he has been associated with both the C. I. O. and the A. F. of L.
packing house organizations in California at various times, his, last affiliation
having been 'with the Produce Division in the last half of 1941. At present
Kelting is foreman at one of the packing companies in Los Angeles, and after
the close of the 1940 season in Watsonville he and the respondent had oper-
ated in the local marketing of pink and ripe tomatoes on joint account.
So far as the record discloses, Alford and Taylor were not members of any of
the labor organizations mentioned herein. Japanese are not eligible.
It is the contention of Hill, Goss and Kelting that through usage, a custom
has grown tip in the tomato packing industry which gives a tomato packer a
seniority preference when he returns to work at a packing shed where he had
been employed.during the previous season,' and that on reporting, even though
6 It should be noticed that none of these men had worked at tomato packing in California
until 1939 , when the respondent opened his business
382 ID.ECISIONS OF NATIONAL LABOR -RELATIONS BOARD
late, he .is entitled to displace anyone with less, "seniority." On the other haul
the respondent, Ni ho has been in the tomato packing -business in and about
Watsonville for some 13, or 14 years, denied- knowledge of any such-custom, and
stated that throughout his experience, men were hired as they applied, but indi-
cated that consideration is given to men whose ability is known through previous
employment The evidence concerning this custom is neither persuasive nor
convincing. The packers are under no obligation to return from year to year,
and, as was shown` by the letters from Sadler and Flagg concerning employment
for 1941, as well as general, statements by all other witnesses, the evidence re-
flects that the actual custom is for'the packers to "line tip" their jobs in advance
or to take a chance on finding employment when, they get -,into ' the area where.
packing is going on.
There is no contention that the respondent did not know that these men had
union afihations, but aside from the testimony of Hill and Goss concerning the
conversation of August 12, which testimony was denied and has been disregarded
in the light of the attitude of the respondent toward the Produce Division a few
days later, there is no evidence of any prejudice on the part of the respondent
toward the Union The hiring of the Japanese on August 1; for the 1941 season
was 'a logical precaution under the circumstances. Nothing was offered to refute
it. If the custom existed in- the' industry, the most it could do, would be to
create an implied contract, for the breach of which the employees would have
to look to the civil courts It is therefore found that in the 1941 season, the
respondent, in good faith and in order to insure prompt packing of tomatoes to
fill anticipated orders for export, was compelled to enter into a contract with the
Japanese packers for full season employment in order to obtain their "stand
by" services. It is further found that the respondent was under no obligation
either by custom, contract, agreement or otherwise to hold the packing jobs
open for either Hill, Goss, Flagg, or Kelting or to discharge any packers whom
lie might previously have employed, whenever and if any or all of these men
should appear and request employment It is also found that at the time Hill
and Goss applied for employment on August 12,' 1941, there was no employment
available and that the respondent had previously made commitments to the
Japanese referred to, which barred him from giving preferential employment to
Hill or Goss or either of their other two associates until such time as those then
employed or under commitment were unable to fulfill the demands. It is also
further found that on September 10, 1941, the respondent offered employment to
Hill, Flagg, Goss, and Kelting, that it was refused by each of them and that since
that time neither of those four have applied for employment with the re-
spondent. It is specifically found that employment of Hill, Flagg, Goss,,and
Kelting was not refused them in August 1941 or at any other time because or on
account of their union membership, activities, or affiliation but that the sole
reason was the respondent's inability to provide employment for them at the
time
On the basis of the above findings of fact and upon the entire record in the
case, the undersigned makes the following:
CONCLUSIONS OF LAW
1 Produce Division-International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, Local 760, affiliated with the A. F. of L.,
and Packing House Employees Union of Florida, Local .21494, A. F. of L., are
each of them labor organizations, within the meaning of Section 2 (5)-of-the
Act. - - - - - -
ANTONIO TOMASELLO 383
2. The operations of the respondent occur in commerce, within the meaning
of Section 2 (6) of the Act.
3. By refusing employment or reemployment to Fred L. Hill, Jesse H. Goss,
Guy F. Flagg, and Irving L. Kelting in the August 1941 tomato packing season,
the respondent has engaged in no unfair labor practices within the meaning of
the Act.
RECOMMENDATIONS
On the basis of the'foregoing findings of fact and conclusions of law, it is
recommended that the complaint herein be dismissed.
As provided in Section 33 of Article II of the Rules and Regulations of'the
National Labor Relations Board, Series 2-as amended-any party may within-
thirty^(30) days from the date of the entry of the order transferring the case
to the Board, pursuant to Section 32 of Artx'le II of said Rules and Regulations,
file with the Board, Shoreham Building, Washington, D. C., an oritginal and
four copies of a statement in writing setting forth such exceptions to the In-
termediate Report' or to any other part of the record or proceeding (including
rulings upon all motions or objections) as he relies upon, together with the
original and four copies of a brief in support thereof. As further provided in
said Section 33, should any party desire permission to argue orally before the
Board, request therefor must be made in writing to the Board within twenty
(20) days after the date of the order transferring the case to the Board.
R. N. DENHAM, -
Trial Exanimcr.
Dated September 23, 1942.