John Minder and Son, Inc.

National Labor Relations Board - Board Decisions

May 12, 1938

7 N.L.R.B. 153 (N.L.R.B. 1938)

In the Matter Of JOHN MINDER AND SON, INC. and BUTCHERS UNION,
LOCAL No. 174
Case No. C-303
SUPPLEMENTAL DECISION
AND
ORDER
May 12, 1938
On April 22, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to the National Labor Relations
Act, 49 Stat. 449, issued its Decision and Order based thereon, against
John Minder and Son, Inc.,' herein called the respondent, in which
the respondent was ordered to cease and desist from certain unfair
labor practices and to take certain affirmative action.
On April 28, 1938, the respondent filed with the Board a petition
and brief in support thereof, requesting the Board to set aside cer-
tain portions of its Findings of Fact, Conclusions of Law, and Order.
The Board has considered the respondent's petition and brief, and
finds the request to be without merit. Accordingly, the Board hereby
orders that the request to set aside any portion of its Decision and
Order in the above-entitled matter be, and it hereby is, denied.
[SAME TITLE]
SECOND SUPPLEMENTAL DECISION
AND
ORDER
June 15,1938
On April 22, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision and Order against John Minder
and Son, Inc., herein called the respondent, in which the respondent
was ordered to cease and desist from certain unfair labor practices
and to take certain affirmative action. On May 12, 1938, the Board
6N L R.B 764.
153
154 NATIONAL LABOR RELATIONS BOARD
issued a Supplemental Decision denying the respondent's request
to set aside certain portions of its Decision and Order.
On May 25, 1938, the respondent filed with the Board a second
petition requesting that the Board reopen the hearing in the above-
entitled matter for the purpose of receiving additional testimony of
the respondent's foreman relating to the discharge of Ernst
Schmocker.l The Board has considered the respondent's request and,
since the foreman in question testified at length in the hearing and
since there was no showing of newly discovered evidence bearing
upon the issues which was either unknown or unavailable to the re-
spondent at the time of the hearing, the Board finds the request to
be without merit. Accordingly, it is ordered that the respondent's
petition to reopen the hearing in the above-entitled matter be, and
-it hereby is, denied.
'The Board found that the respondent's discharge of Ernst Schmocker on May 8, 1937,
,constituted an unfair labor practice within the meaning of Section 8 (3) of the Act.